Woods

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSICA ANN WOODS, No. 2:23-cv-02798-DAD-CKD 12 Plaintiff, 13 v. ORDER DENYING DEFENDANT’S

MOTION TO DISMISS

14 JEAN MERKELBACH, (Doc. Nos. 6, 7) 15 Defendant.

16 17 This matter is before the court on the motion to dismiss filed by defendant on February 8, 18 2024. (Doc. No. 6.) On April 8, 2024, the motion was taken under submission on the papers. 19 (Doc. No. 18.) For the reasons explained below, the court will deny defendant’s motion to 20 dismiss in its entirety. 21 BACKGROUND 22 On December 1, 2023, plaintiff Jessica Woods, a real estate salesperson, filed this breach 23 of contract action against defendant Jean Merkelbach, a real estate broker, alleging that defendant 24 breached a commission sharing agreement. (Doc. No. 1.) In her complaint, plaintiff alleges the 25 following. 26 On February 26, 2021, plaintiff executed a non-disclosure agreement with two potential 27 buyers (Ski Broman and Eric Geisler)…