Attisha Enterprises Inc. v. Capital One Bank

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

11 ATTISHA ENTERPRISES, INC., a Case No.: 3:20-cv-01366-BEN-RBB corporation,

ORDER GRANTING MOTION TO

Plaintiff,

DISMISS

v. [ECF No. 7] CAPITAL ONE, N.A.; DOES 1 to 25, inclusive, 16 Defendants.

This matter comes before the Court on Defendant Capital One, N.A.’s (“Capital One”) Motion to Dismiss the Complaint filed by Plaintiff Attisha Enterprises, Inc. (“Attisha Enterprises”). As specific state laws apply to these allegations that displace the pleaded common law claims, the motion to dismiss is granted with leave to amend. I. BACKGROUND1 On March 12, 2020, Attisha Enterprises filed suit against Capital One in San Diego County Superior Court alleging common law claims of negligence, conversion, and

26 1 The following overview of the facts is drawn from the Complaint, ECF No. 1-2, which the Court assumes true in analyzing Capital One’s motion to dismiss. Erickson v. Pardus, 28 551 U.S. 89, 94 (2007). The Court is not making factual findings. money had and received. Compl., ECF No.…