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 GRANTING IN PART AND
v. DENYING IN PART DEFENDANTS’
MOTION TO DISMISS
AXOS BANK, et al.,
Defendants. [Doc. No. 36] 16 17 18 Plaintiff Jennifer Brear Brinker (“Plaintiff”) brings this action against Defendants Axos Bank, Axos Financial Inc., and John Tolla (collectively, “Defendants”). See Doc. No. 31 (“Second Amended Complaint” or “SAC”). Defendants now move to dismiss Plaintiff’s first, third, fourth, fifth, sixth, and eighth causes of action pursuant to Federal Rule of Civil Procedure 12(b)(6). See Doc. No. 36. Defendant Axos Financial also separately moves to dismiss all causes of action against it. See id. Plaintiff filed an opposition to Defendants’ motion,1 to which Defendants replied. See Doc. Nos. 40, 41.
27 1 Plaintiff is reminded that the Civil Local Rules require that briefs, including footnotes, be “no smaller 28 1 …