Roach

PROCEEDINGS: ORDER GRANTING MOVING DEFENDANTS’ MOTION TO DISMISS THE SECOND AND FOURTH CLAIMS OF PLAINTIFF’S FIRST AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6).

The court, Judge Robert J. Timlin, has read and considered defendants Dong Chan Lee, Dong Bo Lee, Ae Ran Lee, Mi Ja Lee, Mi Hyang Lee, Woong Yeul Lee (collectively, “the Lee defendants”), Kolon Industries, Inc. (“Kolon Industries”), and Oh-Woon Cultural Foundation (“Oh-Woon”) (collectively, “Moving Defendants”)’ motion to dismiss the second and fourth claims of plaintiff Peter Roach (“Plaintiff’)’s First Amended Complaint (“FAC”) pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) (“Rule 12(b)(6)”), Plaintiffs opposition, and Defendants’ reply. Based on such consideration, the court concludes as follows:

I.

BACKGROUND

A. Factual Allegations in the FAC

Won Man Lee was the head of the Lee family, one of the wealthiest families in South Korea. Plaintiff is a United States citizen living in California. The Lee defendants were or are directors, officers, and/or controlling shareholders of defendant Kolon Industries and/or officers and directors of defendant Oh-Woon. Both Kolon Industries…