Zhang
Austin v. Zhang
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
GEORGE JARVIS AUSTIN,
Case No. 20-cv-05445-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO DISMISS LINDA ZHANG, et al., 13 Defendants.
15 I. INTRODUCTION George Austin, a pro se plaintiff, brought suit against Bank of America, N.A. (“BANA”) and other defendants. BANA brings a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing Austin has failed to state any claim upon which relief could be granted against BANA. Dkt. 73. Austin was given an extension to oppose BANA’s motion, Dkt. 79, but failed to file any response or opposition. As it is unclear how BANA is involved in the conduct Austin describes as the basis for his complaint, and he has failed to plead facts to establish any of the three causes of action—negligence, fraud, and defamation—his complaint can be construed as raising, the motion to dismiss is granted. Pursuant to Civil Local Rule 7-1(b), the…