Brinker
Brinker v. Axos Bank
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JENNIFER BREAR BRINKER, Case No. 22-cv-386-MMA (DDL)
Plaintiff,
ORDER (1) GRANTING MOTION
v. TO DISMISS; AND (2) DENYING AS
MOOT MOTION TO STRIKE
AXOS BANK, et al.,
Defendants. [Doc. Nos. 13, 14] 16 Plaintiff Jennifer Brear Brinker (“Plaintiff”) brings this whistleblower retaliation action against Defendants Axos Bank, Axos Financial Inc. (“Axos Financial”), John Tolla, Eshel Bar-Adon, and Tom Constantine (collectively, “Defendants”). See Doc. No. 4 (“First Amended Complaint” or “FAC”). Defendants Axos Bank, John Tolla, Eshel Bar-Adon, and Tom Constantine move to dismiss Plaintiff’s first, third, fourth, fifth, sixth, and eighth cause of action pursuant to Federal Rule of Civil Procedure 12(b)(6). See Doc. No. 13. Defendant Axos Financial Inc. moves to dismiss all causes of action against it. See id. Defendants also move to strike paragraph 96 in the First Amended Complaint pursuant to Federal…