United States District Court, D. Oregon, Eugne Division
OPINION AND ORDER
Aiken, United States District Judge.
Deborah Russi filed this action against defendant Catherine
Wissenback, asserting claims of (1) abuse of a vulnerable
person under ORS 124.100; (2) intentional infliction of
emotion distress ("IIED"); (3) invasion of privacy
(intrusion upon seclusion); and (4) a civil action under the
Computer Fraud and Abuse Act, 18 U.S.C. § 1030(g)
("CFAA"). Defendant moves to dismiss plaintiffs,
first, second, and fourth claims.
following reasons, defendant's partial Motion to Dismiss
(doc. 9) is GRANTED.
and defendant are sisters. Their father established a trust,
and plaintiffs husband, Joseph Russi, is the trustee.
Plaintiff alleges that defendant became upset either about
her lack of beneficial interest in the trust, or the fact
that Mr. Russi was named trustee and began to harass
plaintiff through phone calls, voice mails, text messages,
email, and social media. Defendant's threatening and
harassing communications made plaintiff fear for her physical
and emotional safety.
also alleges that defendant further harassed her by (1) using
plaintiffs personal email account to send plaintiffs
"confidential personally-identifying information to
third parties" in an effort to spam plaintiff with
unwanted emails; (2) logging into plaintiffs financial
accounts; and (3) using plaintiffs identify to engage in a
"presently unknown number of online transactions."
Amend. Compl. ¶ 8(a).
suffers from multiple myeloma, a form of cancer, and is
deemed disabled by the Social Security Administration.
Plaintiff alleges that her medical condition and physical
vulnerabilities make her susceptible to emotional injury,
threats, duress, and undue persuasion. Plaintiff further
alleges that defendant's actions caused her severe
anxiety and emotional distress, which in turn
"worsened" her medical condition. Amend. Compl.
11, 2018, plaintiff filed this action against defendant,
asserting claims of (1) abuse of a vulnerable person, ORS
124, 100; (2) IIED; (3) invasion of privacy; and (4) a civil
action under the CFAA. On October 10, 2018, plaintiff filed
an Amended Complaint asserting the same claims. Defendant now
moves to dismiss plaintiffs first, second, and fourth claims.
considering a motion to dismiss, a court construes a
complaint in favor of the plaintiff and takes all factual
allegations as true. Odom v. Microsoft Corp., 486
F.3d 541, 545 (9th Cir. 2007). "[F]or a complaint to
survive a motion to dismiss, the non-conclusory 'factual
content,' and reasonable inferences from that content,
must be plausibly suggestive of a claim entitling the
plaintiff to relief." Moss i>. U.S.
Secret Seru., 572 F.3d 962, 969 (9th Cir. 2009) (quoting
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). A
"formulaic recitation of the elements of a cause of
action" or "naked assertions devoid of further
factual enhancement" and not sufficient to state a
plausible claim. Iqbal, 556 U.S. at 678. "A
claim has facial plausibility when the plaintiff pleads
factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged." Id. "Dismissal under Rule
1203)(6) is proper only when the complaint either (1) lacks a
cognizable legal theory or (2) fails to allege sufficient
facts to support a cognizable legal theory." Zixiang
Li v. Kerry, 710 F.3d 995, 999 (9th Cir. 2013).
moves to dismiss the following claims: (1) abuse of a
vulnerable person, ORS 124.100; (2) IIED; and (4) violation
of the CFAA. Alternatively, defendant moves for an order to
make the complaint more definite and certain. I address each
preliminary matter, plaintiffs pleadings frequently fall
short of the minimal threshold established in Iqbal.
Plaintiffs allegations often amount to nothing more than
formulaic recitations of the elements of a claim supported by
legal conclusions couched as factual allegations. Plaintiff
also often employs terms so vague or ambiguous that it is
impossible for the Court to determine if the conduct they
describe rises an actionable level.
Abuse of a Vulnerable ...