Lucas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 DANIEL LUCAS, Case No. 20-cv-00141-JCS

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS IN PART FIRST AMENDED

COMPLAINT

INTERNATIONAL BUSINESS MACHINES CORPORATION, Re: Dkt. No. 36 10 Defendant.

11 I. INTRODUCTION Plaintiff Daniel Lucas asserts claims for breach of contract, misrepresentation, and related theories against Defendant International Business Machines Corporation (“IBM”) based on IBM’s alleged failure to pay all commissions owed for Lucas’s work as a sales representative. The Court previously granted in part a motion to dismiss Lucas’s claims, and Lucas filed an amended complaint. IBM now moves once again to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure—in particular, failure to meet the heightened pleading standard of Rule 9(b) for aspects of Lucas’s claims of intentional and negligent misrepresentation and false promise. The Court found the matter suitable for…