Kirby

Kirby v. AT&T Corp.

Good Law
United States District Court, Southern District of CaliforniaApril 26, 20223:21-cv-01680California688 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

JAMES KIRBY and SARAH JEAN Case No.: 3:21-cv-01680-BEN-BGS KIRBY-GONZALEZ AS CO-

TRUSTEES OF WILLIAM WARNER ORDER ON DEFENDANTS’

KIRBY 2014 TRUST, MOTION TO DISMISS

14 Plaintiff, [ECF No. 9] 15 v. 16 AT&T CORP. aka AT&T MOBILITY LLC; and DOES 1-10 inclusive,

Defendants.

19 James Kirby and Sarah Jean Kirby-Gonzalez, as co-trustees of William Warner 20 Kirby’s 2014 Trust (“Plaintiff”) are suing Defendants AT&T and Does 1-10 21 (“Defendants”) as a result of financial damages Plaintiff suffered following a “SIM card 22 swap” that resulted in unknown individuals getting access to the decedent’s accounts and 23 using this access to wrongfully acquire money belonging to the Kirby Trust. Plaintiff’s 24 complaint cites fourteen claims for relief, all but one of which are based on California 25 state law. See generally Complaint, ECF No. 1. The suit, originally filed in the Superior 26 Court for the County of San Diego, was removed by Defendants based on diversity 27…

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