Alvarado
Communications Workers of America, Local 9423 v. Alvarado
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 COMMUNICATIONS WORKERS OF Case No. 22-cv-00365-VKD
AMERICA, LOCAL 9423,
9 Plaintiff, ORDER GRANTING DEFENDANT’S MOTION TO DISMISS v. Re: Dkt. No.
MONICA ALVARADO,
12 Defendant.
13 In its first amended complaint (“FAC”), plaintiff Communications Workers of America, Local 9423 (“Local 9423” or “the union”), asserts a single claim for violation of § 501 of the Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA” or “the Act”), 29 U.S.C. § 401 et seq., against defendant Monica Alvarado for breach of fiduciary duty. Dkt. No. 13. Ms. Alvarado now moves to dismiss the FAC for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) and for failure to state a claim pursuant to Rule 12(b)(6). Dkt. No. 15. Having considered the parties’ submissions and the arguments made at the hearing, the Court grants Ms. Alvarado’s motion to dismiss on the ground that the…