Sun

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ZHI SUN, Case No. 24-cv-02747-VC Plaintiff,

ORDER GRANTING MOTIONS TO

v. DISMISS YIQI WU, et al., Re: Dkt. Nos. 19, 20 Defendants. The motions to dismiss are granted with leave to amend. This order assumes the reader’s familiarity with the facts, relevant legal standards, and arguments made by the parties. 1.As a preliminary matter, the Stock Purchase Agreement and Vesting Agreement can be considered in ruling on Wu’s motion. Sun’s claims for conversion and for interference with her contractual relationship with Aimerce are both predicated in part on Aimerce’s repurchase of Sun’s co-founder’s shares of the company. So to understand whether Sun has adequately stated these claims, it’s essential to understand the scope of Sun’s property rights and the nature of that contractual relationship—which in turn requires looking at the agreements. Sun implicitly recognizes this in referencing the Stock Purchase Agreement and her “vested co-founder shares” in her opposition. And both agreements are referenced in Exhibit 5 to the complaint. Therefore, because the…