Legal Opinion
Yates v. Nimeh
District Court, N.D. California
Decided May 18, 2007No. C07-0798 BZPublishedCited by 5 opinions
1Opinion of the Court
ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS
ZIMMERMAN, United States Magistrate Judge.
Before me are defendants’ motions to dismiss plaintiffs complaint for failure to state a claim upon which relief may be granted or, alternatively, for lack of subject matter jurisdiction. 1 For the reasons set forth below, defendants’ motions are DENIED. 2
The lone claim remaining against defendants alleges a state law claim for breach of fiduciary duty — a claim plaintiff describes in his opposition as “essentially a state law claim for churning.” 3 The investment account that was allegedly churned by…
2Cases cited28 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Lee v. City Of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
- Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally HeinCourt of Appeals for the Ninth Circuit · 1995
- Jones-Hamilton Co., a California Corporation v. Beazer Materials & Services, Inc. Kop-Coat, Inc., a Pennsylvania Corporation Koppers Company, Inc.Court of Appeals for the Ninth Circuit · 1992
23 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hernandezcueva v. E.F. Brady Co.California Court of Appeal · 2015
- Fullington v. Equilon EnterprisesCalifornia Court of Appeal · 2012
- Hernandezcueva v. E.F. Brady Co., Inc.California Court of Appeal · 2016
- JW Gaming Development, LLC v. JamesDistrict Court, N.D. California · 2020
- Jerry Grisaffi v. Rocky Mountain High Brands, Inc. F/K/A Republic of Texas Brands, Inc., Texas Court of Appeals, 5th District (Dallas)2022