Johnson v. Simper Investments, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SCOTT JOHNSON, Case No. 20-cv-01061-HSG
Plaintiff, ORDER GRANTING MOTION TO
DISMISS
v. Re: Dkt. No. 23 SIMPER INVESTMENTS, INC., Defendant.
12 Pending before the Court is Defendant Simper Investment’s motion to dismiss Plaintiff Scott Johnson’s amended complaint. Dkt. No. 23. For the following reasons, the motion to dismiss is GRANTED with leave to amend. I. LEGAL STANDARD Federal Rule of Civil Procedure 8(a) requires that a complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief[.]” A defendant may move to dismiss a complaint for failing to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). “Dismissal under Rule 12(b)(6) is appropriate only where the complaint lacks a cognizable legal theory or sufficient facts to support a cognizable legal theory.” Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097, 1104 (9th Cir.…