Lloyd

Lloyd v. Mullenex

Good Law
United States District Court, Northern District of CaliforniaNovember 6, 20195:19-cv-03999California3,724 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KENNETH LLOYD, Case No. 19-cv-03999-NC Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

KEVIN MULLENEX, Re: Dkt. No. 21 Defendant. 15 16 In this fraud cause, defendant Kevin Mullenex moves to dismiss all claims in plaintiff Kenneth Lloyd’s complaint. Dkt. No. 21. Mullenex argues that Lloyd’s fraud claims are insufficient under Federal Rule of Civil Procedure 9(b), that some claims are time-barred by the statute of limitations, and that other claims fail under Rule 12(b)(6). The Court FINDS that Lloyd’s fraud, fraudulent inducement, and negligent misrepresentation claims are sufficiently alleged under Rule 9(b) and are not time-barred. The Court DENIES the motion to dismiss those claims. The Court further FINDS that Lloyd’s conversion, breach of fiduciary duty, intentional interference with prospective business relations, negligent interference with prospective business relations, and unfair competition…

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