Pazmany Brothers Landscaping Inc. v. Citigroup, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAZMANY BROTHERS LANDSCAPING Case No. 20-cv-01526-SVK
INC.,
8 Plaintiff, ORDER ON MOTION TO DISMISS FIRST AMENDED COMPLAINT v. Re: Dkt. No. 9 CITIGROUP, INC., et al., 11 Defendants. 12 This case involves claims by Plaintiff Pazmany Brothers Landscaping Inc. (“Plaintiff” or “Pazmany”) against Defendants CITIGROUP, INC. and CITBANK, N.A. (collectively, “Defendants” or “Citi”) relating to embezzlement by Pazmany’s former bookkeeper, Guadalupe 15 Lola Reed (“Reed”), who deposited checks written from Pazmany’s bank account to various 16 payees into Citi accounts owned or controlled by Reed. See Dkt. 1. Citi now seeks to dismiss the 17 FAC pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Dkt. 9. The 18 parties have consented to the jurisdiction of a magistrate judge. Dkt. 5, 12. 19 Pursuant to Civil Local Rule 7-1(b), the Court deems the motion to dismiss suitable for 20 determination without oral argument. After…