Nobles
Nobles v. Kern
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 KATHLEEN NOBLES, Case No. 19-cv-07362-BLF
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS COUNTERCLAIMS WITH
LEAVE TO AMEND
FRED M. KERN, et al., [Re: ECF 22] Defendants.
12 On November 7, 2019, Kathleen Nobles filed suit against Fred M. Kern and Plum 13 Holdings, LLC (“Plum Holdings”), alleging a single count of breach of contract. ECF 1 14 (“Compl.”). Kern and Plum Holdings answered the operative Complaint on December 12, 2019. 15 ECF 11. In that pleading, Kern also asserts two counterclaims against Nobles: a claim for breach 16 of joint venture and a claim for unjust enrichment; the claim for breach of joint venture is also a 17 crossclaim against third-party defendant Brenton A. Hering. ECF 11 at 6-12. Nobles now moves 18 (1) to dismiss the counterclaims against her pursuant to Federal Rule of Civil Procedure 12(b)(6), 19 and (2) to strike certain allegations from Kern and Plum Holdings’s pleading pursuant to Federal…