Sun

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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

Plaintiff,

ORDER GRANTING MOTIONS TO

v. DISMISS WITH PREJUDICE

YIQI WU, et al., Re: Dkt. Nos. 37, 38 Defendants.

The motions to dismiss are granted and the case is dismissed with prejudice. This order assumes the readers’ familiarity with the facts, governing legal standards, and arguments made by the parties. As in the order on the earlier motions to dismiss, the Stock Purchase Agreement and Vesting Agreement can be considered as incorporated into the complaint. Sun’s unjust enrichment claim against Aimerce is dismissed because this claim is based on matters addressed in express contracts between Sun and Aimerce. See Gerlinger v. Amazon.Com, Inc., 311 F. Supp. 2d 838, 856 (N.D. Cal. 2004). Sun does not plausibly allege that the contracts are void because of fraud: she does not allege that they contain anything false, that she didn’t have an opportunity to read them, that anyone told her that they say something different than what they actually say, or that she was induced to sign them with false statements. Her…