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FFC Mortgage Corp. v. Lo Bue

Contract, Fiduciary Duty Breach Lawsuit Is Denied Dismissal or Arbitration

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DECISION AND ORDER INTRODUCTION Plaintiff FFC Mortgage Corporation (“Plaintiff” or “FFC”) brings this action against defendants Steven Lo Bue, Brian Kelly, and Shaf Kamal, alleging several causes of action, including breach of contract, breach of fiduciary duty, unfair competition, unjust enrichment, aiding and abetting, and tortious interference with contract. Docket No. 1-3. Presently before the Court is defendant Lo Bue’s and defendant Kelly’s (collectively, “Defendants”) motion to dismiss Plaintiff’s amended complaint for failure to state a claim and for lack of subject matter jurisdiction pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure, and/or to compel arbitration, pursuant to the Federal Arbitration Act, 9 U.S.C. §1, et seq. (the “FAA”).¹ Docket No. 6. For the reasons set forth below, Defendants’ motion is denied. BACKGROUND Unless otherwise noted, the following facts are taken, in relevant part, from Plaintiff’s amended complaint (Docket No. 1-3). Plaintiff, a residential mortgage lending company, entered into employment agreements with Defendants beginning in 2015. Id.

6, 14. Defendant Lo Bue was hired as a “non-producing branch manager,” and defendant Kelly was hired as a mortgage loan officer. Id.

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