Sandel
Sandel v. Aztec Well Servicing, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JEFFREY WAYNE SANDEL, Case No. 22-cv-00981-JSC
Plaintiff,
DISMISSAL ORDER
v. 9 Re: Dkt. No. 19 JERRY WAYNE SANDEL, Defendant.
12 Jeffrey Wayne Sandel, proceeding without counsel, brings this civil action for breach of trust and breach of fiduciary duty under New Mexico state law against Jerry Wayne Sandel, in his capacity as Trustee of the Jerry W. and Nancy M. Sandel Trusts and Business Trusts of Aztec Well Servicing, Inc. The Court previously granted Plaintiff’s application to proceed in forma pauperis and screened his complaint under 28 U.S.C. § 1915(e)(2). (Dkt. Nos. 5, 6.) The Court concluded that Plaintiff’s complaint failed to state a claim because he had not named the trustee as a defendant and thus could not state a viable claim for breach of trust. (Dkt. No. 6 at 3.) Plaintiff filed an amended complaint (Dkt. No. 7) and second amended complaint (Dkt. No. 8). After reviewing the complaints, the Court concluded that they failed to state a claim upon which relief …