Taylor

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 DEBORAH HIRSCH MITCHELL, CASE NO. 21-cv-02327-YGR

Plaintiff, ORDER GRANTING MOTION TO DISMISS

COUNTERCLAIMS WITH LEAVE TO AMEND

vs.

RICHARD TAYLOR, Re: Dkt. No. 19 Defendant.

On March 31, 2021, plaintiff Deborah Hirsch Mitchell filed this diversity action against defendant Richard Taylor, bringing causes of action for (1) fraud, (2) declaratory relief, (3) unjust enrichment, (4) elder abuse, and (5) breach of fiduciary obligations. (Complaint, Dkt. No. 1.) On May 26, 2021, defendant filed an answer and counterclaims for (1) breach of contract and (2) breach of good faith and fair dealing. (Counterclaims, Dkt. No. 13.) Currently pending is plaintiff’s motion to dismiss the counterclaims with leave to amend or, in the alternative, for a more definitive statement. (Motion, Dkt. No. 19–1, at 9.) For the reasons set forth below, the motion to dismiss the counterclaims is GRANTED WITH LEAVE TO AMEND.1 Plaintiff and defendant are…