GMC Semitech Co., Ltd. v. Capital Asset Exchange and Trading, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GMC SEMITECH CO., LTD., et al., Case No. 24-cv-09451-NC Plaintiffs,

ORDER GRANTING

v. DEFENDANT’S MOTION TO

DISMISS COMPLAINT

CAPITAL ASSET EXCHANGE AND TRADING, LLC, Re: Dkt. Nos. 9, 14, 15 14 Defendant. 15 Plaintiffs GMC Semitech Co., Ltd. and Suzhou Cycas Microelectronics Co., Ltd. bring various contract and tort-based claims against Defendant Capital Asset Exchange and Trading, LLC based on three purchase agreements for equipment Plaintiffs allege they paid for but never received. Defendant moves to dismiss five of Plaintiffs’ eight claims, arguing the non-contractual claims fail because Plaintiffs allege valid and enforceable contracts and fail to allege fraudulent, unlawful, or unfair conduct with particularity. Plaintiffs, in turn, argue they permissibly allege tort claims in the alternative to their contract claims and sufficiently allege unfair business practices and bad faith behavior by Defendant. For the reasons…