UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANTHONY WINCKOWSKI, Case No. 22-cv-01734-JD
Plaintiff,
ORDER RE DISMISSAL AND
v. SUMMONS
HUMAN INTEREST, INC., Defendant.
I. MOTION TO DISMISS Defendant Human Interest Inc.’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) is granted. Dkt. No. 14. Plaintiff Winckowski has alleged fraudulent conduct on the part of Human Interest. See Dkt. No. 1 ¶ 7 (“plaintiff discovered that HUI was engaging in what plaintiff observed and reasonably believed to be questionable and illegal pricing of its products and services and deceiving and defrauding HUI’s customers”); ¶ 8 (“plaintiff further discovered HUI had misrepresented the nature of his duties and responsibilities for the job position he had accepted”). These allegations sound in fraud, and are subject to the heightened pleading requirements of Federal Rule of Civil Procedure 9(b). See Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1102-05 (9th Cir. 2003). …