Borowsky v. Tree Top, Inc. - Order on Motion to Dismiss
Summary
The U.S. District Court for the Northern District of California issued an order in Borowsky v. Tree Top, Inc. The court granted in part and denied in part the motion to dismiss. Borowsky's request for injunctive relief was dismissed without leave to amend, but her complaint otherwise survives.
What changed
The U.S. District Court for the Northern District of California, in the case of Borowsky v. Tree Top, Inc. (Case No. 3:25-cv-05533-RFL), issued an order on March 16, 2026, regarding a motion to dismiss. The court granted the motion in part and denied it in part. Specifically, the plaintiff's request for injunctive relief was dismissed without leave to amend, meaning that aspect of the claim cannot be pursued further. However, the court found that the remainder of the plaintiff's complaint sufficiently stated a claim and therefore survives the motion to dismiss.
This ruling means that the case will proceed to the next stage concerning the surviving claims. The defendant, Tree Top, Inc., is required to file an answer to the complaint by March 30, 2026, pursuant to Federal Rule of Civil Procedure 12(a)(4). Legal professionals involved in this case must ensure their client's pleadings and responses adhere to these deadlines. While specific penalties are not detailed in this order, the continuation of the litigation implies potential liability for the defendant if the remaining claims are proven.
What to do next
- File an answer to the complaint by March 30, 2026.
Source document (simplified)
Borowsky v. Tree Top, Inc.
Case Number: 3:25-cv-05533-RFL Judge: Lin, Rita F. Location: San Francisco Case Type: Civil Case Basis: Diversity Nature of Suit: Other Fraud Date Filed:
July 1, 2025
Last Filing Date:
March 16, 2026
View Publicly Available Documents Case Summary No summary of this case is available
Recent Filings
| Date Filed | Docket Number | Document Description |
| --- | --- | --- |
| 03-16-26 | 36 | ORDER GRANTING IN PART AND DENYING IN PART [32] MOTION TO DISMISS. Borowsky's request for injunctive relief is DISMISSED WITHOUT LEAVE TO AMEND. Otherwise, her complaint survives dismissal. An answer is due 3/30/2026 pursuant to Rule 12(a)(4 |
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