Johnson v. Birks Properties, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEPHANIE JOHNSON, an individual, Case No.: 21-CV-01380-GPC-DEB
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANTS’
MOTION TO DISMISS PURSUANT
BIRKS PROPERTIES, LLC, a Delaware
TO RULE 12(B)(6) AND RULE
company; ROGER BIRKS, an individual, 12(B)(1) and DOES 1 through 10, inclusive,
16 Defendants. [ECF No. 11]
18 On November 4, 2021, Defendant Birks Properties, LLC and Defendant Roger Birks 19 (“Defendants”) filed a Motion to Dismiss Plaintiff’s First Amended Complaint pursuant 20 to Federal Rule of Civil Procedure (“Rule”) 12(b)(6) and 12(b)(1). ECF No. 11. On 21 December 3, 2021, Plaintiff opposed. ECF No. 13. On December 17, 2021, Defendants 22 replied in support of their Motion. ECF No. 14. Having considered the parties’ filings, the 23 Court finds this matter suitable for disposition on the papers and HEREBY VACATES 24 the hearing previously set for January 14, 2022. 25 26 27 I. BACKGROUND The…