UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LUIS PINO, on behalf of himself and No. 21-55564 all others similarly situated, D.C. No. Plaintiff-Appellant, 2:20-cv-08499- JFW-KS v. CARDONE CAPITAL, LLC; OPINION GRANT CARDONE; CARDONE EQUITY FUND V, LLC; CARDONE EQUITY FUND VI, LLC,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding

Argued and Submitted March 17, 2022 San Francisco, California

Filed December 21, 2022 2 PINO V. CARDONE CAPITAL, LLC

Before: Morgan Christen and Daniel A. Bress, Circuit Judges, and Barbara M. G. Lynn, * District Judge.

Opinion by Judge Lynn

SUMMARY **

Securities Act of 1933

The panel affirmed in part and reversed in part the district court’s dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) of Luis Pino’s suit against Grant Cardo