Kim
Second Measure, Inc. v. Kim
Opinion
Lead Opinion
Spero, J.
*964 ORDER DENYING COUNTERCLAIM DEFENDANT SECOND MEASURE, INC.’S MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6), AND, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO FRCP 12(e)
I. INTRODUCTION
Plaintiff Second Measure, Inc. (“Second Measure”) brought this, action against Defendant Steven Kim in San Mateo County Superior Court, seeking a declaration that Kim does not have an equity interest in Second Measure, along with other relief. Compl. (dkt. 1, Ex. A) at 5-6. On July 23, 2015, Kim removed the case to this Court on the basis of diversity jurisdiction under 28 U.S.C. § 1332 . Def s Notice of Removal (dkt. 1) at 2. On August 3, 2015, Kim filed an Answer and Counterclaims, asserting counterclaims against Second Measure and its official corporate founders, Michael Ba-bineau and Lillian Chou (collectively, the “Counterclaim Defendants”). Dkt. 7 at 16-21, ¶¶ 25-69. The counterclaims are based on allegations that Second Measure was created as a result of a partnership or joint venture between Kim and Babineau and that Babineau wrongfully shut Kim out of the partnership or joint venture. Id. at 11-15, ¶¶ 10-24 .