Legal Opinion

Tapia v. Davol, Inc.

District Court, S.D. California

Decided July 28, 2015No. Case No. 15cv179-GPC(JLB)PublishedCited by 28 opinions

1Opinion of the Court

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT DAYOL, INC’S MOTION TO DISMISS

GONZALO P. CURIEL, District Judge.

Before the Court is Defendant Davol, *1153Inc.’s1 motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 6.) An opposition was filed on July 9, 2015. (Dkt. No. 10.) A reply was filed ,on July 17, 2015. (Dkt. No. 12.) Based on a review of the complaint, the briefs and the applicable law, the Court GRANTS in part and DENIES in part Defendant’s motion to dismiss..

Factual Background

On January 27, 2015, Plaintiff Jesus Ta-pia (“Plaintiff’) filed a complaint…

2Cases cited50 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  4. Moss v. U.S. Secret ServiceCourt of Appeals for the Ninth Circuit · 2009
  5. Theodore C. Swartz v. Kpmg Llp, and Presidio Advisory Services Inc. Deutsche Bank Ag Deutsche Bank Securities, Inc.Court of Appeals for the Ninth Circuit · 2007

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3Cited by28 opinions

  1. Nowell v. Medtronic Inc.District Court, D. New Mexico · 2019
  2. Traxler v. PPG Industries, Inc.District Court, N.D. Ohio · 2016
  3. Andren v. Alere, Inc.District Court, S.D. California · 2016
  4. (PS) Holcomb v. Pfizer Inc.District Court, E.D. California · 2022
  5. Bennett v. Poipu Resort, Partners, L.P.District Court, D. Hawaii · 2021

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