Goeres v. Charles Schwab & Co.

Docket: No. 05-15282

Court: Court of Appeals for the Ninth Circuit; February 13, 2007; Federal Appellate Court

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The district court's order granting the motion to dismiss under Fed. R. Civ. P. 12(b)(6) is affirmed. The Supreme Court's decision in Sereboff v. Mid Atlantic Med. Servs. Inc. does not contradict the district court’s reasoning. Additionally, the ruling in Peralta v. Hispanic Business, Inc. reinforces the district court's position. The case is affirmed with the note that this disposition is not suitable for publication and does not serve as precedent except in accordance with 9th Cir. R. 36-3.