Legal Opinion

Hernandez v. TLC of the Bay Area, Inc.

District Court, N.D. California

Decided July 12, 2017No. Case No. 5:16-cv-05524-HRLPublishedCited by 1 opinion

1Opinion of the Court

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMEND

HOWARD R. LLOYD, United States Magistrate Judge

Plaintiff Daniel Hernandez sues for himself and on behalf of two putative subclasses for rescission of an arbitration agreement due to alleged fraud, as well as for alleged violation of California Health and Safety Code § 1430(b). Hernandez invokes this court’s diversity jurisdiction, 28 U.S.C. § 1332. Pursuant to Fed. R. Civ. P. 12(b)(6), defendant TLC of the Bay Area, Inc. (TLC) moves to dismiss the First Amended Complaint (FAC) for failure to state a…

2Cases cited18 opinions

Ashcroft v. IqbalSupreme Court of the United States · 2009
Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
Hal Roach Studios, Inc., a Delaware Corporation v. Richard Feiner and Company, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 1990
Navarro v. BlockCourt of Appeals for the Ninth Circuit · 2001

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3Cited by1 opinion

Rostami v. Hypernet Inc.District Court, N.D. California · 2023