TCR Holdings, LLC v. Axxcess Capital Partners, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 TCR HOLDINGS, LLC, Case No.: 3:21-cv-1027-L-RBB

Plaintiff,

v.

ORDER ON DEFENDANT’S

AXXCESS CAPITAL PARTNERS, LLC, MOTION TO DISMISS

Defendant. 14 Pending before the Court is Defendant’s motion to dismiss for failure to state a claim. Fed. R. Civ. P. 12. Plaintiff opposed, and Defendant responded. The Court decides the matter on the papers submitted without oral argument. See Civ. L. R. 7.1. For the reasons stated below, the Court DENIES the motion. Legal Standard A complaint must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009) (internal quotation marks and citation omitted). “A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’” Id. at 678 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). The allegations “must be enough to raise…