Abeyta
Abeyta v. DMCG, Inc.
Opinion
Trial Court Opinion
‘ 2 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT ABEYTA, Case No. 22-cv-07089-SI
Plaintiff, ORDER DENYING DEFENDANT’S
MOTION TO DISMISS FOR FAILURE
v. TO STATE A CLAIM AND DENYING
ADMINISTRATIVE MOTION
DMCG, INC., Re: Dkt. Nos. 14, 33 Defendant.
12 On March 10, 2023, the Court held a hearing on defendant DMCG’s motion to dismiss for failure to state a claim. For the reasons articulated by Abeyta in his papers and at the hearing, the Court finds that Abeyta has stated claims under the UCL and the Rosenthal Act and DENIES DMCG’s motion to dismiss. The Court DENIES Abeyta’s administrative motion to submit supplemental briefing. 18 DISCUSSION The factual background of this case is set forth in the Court’s April 12 order denying DMCG’s motion to dismiss for improper venue. DMCG moves to dismiss Abeyta’s claims under California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code §§ 17200 et seq.,…