N.A. Sales Company, Inc. v. Lee

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 N.A. SALES COMPANY, INC., Case No.19-cv-00832-JSC

Plaintiff,

ORDER RE: MOTIONS TO DISMISS

v. 9 Re: Dkt. Nos. 42, 46, 53 MARY SEO, et al., Defendants.

12 Plaintiff N.A. Sales Company, Inc., a wholesaler of frozen fish meat and other related supplies, filed this civil action in 2013 in San Mateo County Superior Court. Following several rounds of motion practice, Plaintiff added additional defendants and a federal civil RICO1 claim, and the recently added defendants removed the action to this Court based on federal question jurisdiction. Defendants JHK Pacific Common, Clayton Swartz, Haeng Cha Swartz, and JYK Investment Consulting Corporation have all moved to dismiss Plaintiff’s Fifth Amended Complaint (“FAC”). (Dkt. Nos. 42, 46 & 53.) Having considered the parties’ briefs and having had the benefit of oral argument on August 22, 2019, the Court GRANTS IN PART and DENIES in PART the motions to dismiss. Plaintiff’s RICO, RICO conspiracy, and successor-in-interest claims…