Ray

Ray v. U.S. Bank Trust, N.A.

Good Law
United States District Court, Northern District of CaliforniaMay 1, 20234:22-cv-06333California4,295 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RANDALL DAVID RAY, Case No. 22-cv-06333-DMR

Plaintiff,

ORDER ON MOTION TO DISMISS

v. Re: Dkt. No. 15 U.S. BANK TRUST, N.A., AS TRUSTEE,

FOR LSF10 MASTER PARTICIPATION

TRUST, et al.,

Defendants.

Defendant U.S. Bank Trust, N.A., as trustee for LSF10 Master Participation Trust (“LSF10”), moves to dismiss Plaintiff Randall David Ray’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. [Docket Nos. 15 (“Mot.”), 22 (“Reply”).] Plaintiff opposes. [Docket No. 21 (“Opp’n”).] This matter is suitable for determination without oral argument. Civ. L.R. 7-1(b). For the following reasons, LSF10’s motion is granted and Plaintiff’s claims against LSF10 are dismissed with leave to amend. As Caliber’s motion to dismiss is substantially similar to LSF10’s motion, by May 9, 2023, Plaintiff shall show cause in writing why Caliber’s motion should not also be granted in light of…

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