Dorfman
Peak Health Center v. Dorfman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 PEAK HEALTH CENTER, Case No. 19-cv-04145-VKD
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS SECOND AMENDED
COMPLAINT; GRANTING ANTI-
BRANDON DORFMAN, SLAPP MOTION TO STRIKE Defendant. Re: Dkt. Nos. 44,
13 With the Court’s leave, on November 26, 2019, plaintiff Peak Health Center (“Peak Health”) filed a second amended complaint (“SAC”) against defendant Brandon Dorfman for the following: (1) trade libel; (2) intentional interference with prospective economic advantage; and (3) negligent interference with prospective economic advantage. Dkt. No. 37. This Court has jurisdiction over this diversity action pursuant to 28 U.S.C. § 1332. Id. ¶¶ 1-2, 9. Mr. Dorfman now moves to dismiss the SAC pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure and asks the Court to take judicial notice of certain materials in support of that…