Zhang

Austin v. Zhang

Good Law
United States District Court, Northern District of CaliforniaFebruary 1, 20223:20-cv-05445California1,414 words

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…

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