Nobles

Nobles v. Kern

Good Law
United States District Court, Northern District of CaliforniaMarch 9, 20205:19-cv-07362California1,700 words

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…

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