Roulette

MEMORANDUM

Roulette 3 appeals the district court’s order dismissing his first amended complaint for failure to state a claim. The complaint alleged that Ferrari of North America (FONA) interfered with Roulette’s proposed acquisition of a Ferrari dealership by wrongfully refusing to consent to an assignment of the franchise by the franchisee, and that this interference constituted intentional interference with prospective economic advantage (“intentional interference”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate the dismissal and remand.

The district court, relying on Kasparian v. County of Los Angeles, dismissed Rou *297 lette’s complaint because it determined that Ferrari’s franchisor status made Ferrari a party to the contract between Roulette and the franchisee, and therefore that a claim of intentional interference was barred. 38 Cal.App.4th 242 , 45 Cal.Rptr.2d 90, 100 (Ct.App.1995) (tort of intentional interference cannot be asserted against a party to the relationship from which plaintiffs anticipated economic advantage would arise). Kasparian, however, does not apply here.

At heart, Kasparian seeks to limit those plaintiffs who can properly…