Kuhn
Kuhn v. Three Bell Capital
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PETER KUHN, Case No. 23-cv-02958-PCP
Plaintiff,
ORDER DISMISSING COMPLAINT
v. WITH LEAVE TO AMEND
THREE BELL CAPITAL, et al., Re: Dkt. Nos. 26, 27 Defendants.
12 Defendants Jonathan Porter and Three Bell Capital, LLC move to dismiss plaintiff Peter Kuhn’s breach of contract and breach of fiduciary duty claims under Federal Rules of Civil Procedure 8 and 12(b)(6). Defendants also request judicial notice of two court orders and several other documents. For the reasons set out below, Mr. Kuhn’s claims will be dismissed with leave to amend and the Court will take judicial notice of only the two court orders. I. Background The following facts alleged in Mr. Kuhn’s complaint are accepted as true for the purposes of Defendants’ motion. Mr. Porter is the CEO of Three Bell, which is a Registered Investment Advisor. After meeting with Mr. Porter, Mr. Kuhn hired Three Bell as an advisor. On Mr. Porter’s advice, Mr. Kuhn…