Summary
The United States District Court for the Northern District of California grants Defendant Roger Anderson’s motion to dismiss Yan-Tao Li’s amended complaint under Federal Rules of Civil Procedure 8, 9(b), and 12(b)(6). The court finds that Li failed to allege sufficient nonconclusory facts supporting claims against Anderson, failed to plead alleged fraud with particularity, and failed to state the relief sought. The dismissal is without prejudice and with leave to amend by June 5, 2025.
Holdings
- The amended complaint failed to state a claim against Anderson because its allegations that Anderson colluded with Suo, chose to transact with her despite knowing she lacked authority, and engaged in wrongful conduct were conclusory and unsupported by sufficient factual content. The complaint also failed to identify the relief sought.
- The amended complaint did not satisfy Rule 9(b) because it did not plead with particularity the circumstances of Anderson's alleged fraudulent conduct and improperly relied primarily on allegations concerning other defendants and nonparties.
- Dismissal was granted with leave to amend because the court could not conclude that the pleading deficiencies were incurable.
Questions Presented
- Whether Li's amended complaint plausibly stated any claim for relief against Anderson under Federal Rule of Civil Procedure 8 and Rule 12(b)(6).
- Whether Li's allegations sounding in fraud satisfied Federal Rule of Civil Procedure 9(b)'s requirement that the circumstances of fraud be pleaded with particularity.
- Whether the complaint should be dismissed with leave to amend.
Disposition
dismissed
Cases Cited (15)
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986)(applied)
- Levitt v. Yelp! Inc., 765 F.3d 1123, 1135 (9th Cir. 2014)(applied)
- In re Century Aluminum Co. Securities Litigation, 729 F.3d 1104, 1107 (9th Cir. 2013)(applied)
- Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009)(applied)
- Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1106 (9th Cir. 2003)(applied)
- Manzarek, 519 F.3d at 1031(applied)
- Hughes v. Rowe, 449 U.S. 5, 9 (1980)(applied)
- Hearns v. Terhune, 413 F.3d 1036, 1040 (9th Cir. 2005)(applied)
- Hearns v. Terhune, 413 F.3d 1036, 1041, 1043 (9th Cir. 2005)(applied)
- Feathers v. SEC, No. 22-cv-05756-JD, 2022 WL 17330840, at *1 (N.D. Cal. Nov. 29, 2022)(applied)
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Cited In (0)
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Court Document
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