Kirby

I. INTRODUCTION

20 Before the Court is Defendant AT&T’s (“Defendant”) Motion to Dismiss. James 21 Kirby and Sarah Jean Kirby-Gonzalez, as co-trustees of William Warner Kirby’s 2014 22 Trust (“Plaintiffs”), bring their second amended complaint (“SAC”) against Defendant 23 AT&T. Plaintiffs allege that they suffered financial damages following a “SIM card 24 swap” that permitted unknown individuals to access William Kirby’s accounts after his 25 26 27 28 death and wrongfully acquire money belonging to the Kirby Trust. SAC, ECF No. 14. For the reasons set forth below, the Court GRANTS Defendant’s motion to dismiss. II. FACTUAL ALLEGATIONS2 Plaintiffs’ father William W. Kirby (“Decedent”), a prominent physician and politician in the City of Auburn, perished in an aviation accident on April 18, 2020. SAC at ¶ 11. The following week, Plaintiffs contacted Defendant AT&T to close Decedent’s account. Id. at ¶ 12. Plaintiffs provided a copy of Decedent’s death certificate and paid the final bill. Id. Defendant confirmed the account was closed at that time. Id. Shortly thereafter, third parties were able to reopen Decedent’s AT&T…