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

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 N.A. SALES COMPANY, INC., Case No.19-cv-00832-JSC

8 Plaintiff,

ORDER RE: MOTIONS TO DISMISS

v. 9 Re: Dkt. Nos. 42, 46, 53 10 MARY SEO, et al., Defendants. 11

12 13 Plaintiff N.A. Sales Company, Inc., a wholesaler of frozen fish meat and other related 14 supplies, filed this civil action in 2013 in San Mateo County Superior Court. Following several 15 rounds of motion practice, Plaintiff added additional defendants and a federal civil RICO1 claim, 16 and the recently added defendants removed the action to this Court based on federal question 17 jurisdiction. Defendants JHK Pacific Common, Clayton Swartz, Haeng Cha Swartz, and JYK 18 Investment Consulting Corporation have all moved to dismiss Plaintiff’s Fifth Amended 19 Complaint (“FAC”).2 (Dkt. Nos. 42, 46 & 53.) Having considered the parties’ briefs and having 20 had the benefit of oral argument on August 22, 2019, the Court GRANTS IN PART and DENIES 21 in PART the motions to dismiss. Plaintiff’s RICO, RICO conspiracy, and successor-in-interest 22 claims…