Zhang

Talece Inc. v. Zhang

Good Law
United States District Court, Northern District of CaliforniaOctober 22, 20205:20-cv-03579California4,223 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 TALECE INC., Case No. 20-cv-03579-BLF

Plaintiff, ORDER GRANTING DEFENDANT'S v. MOTION TO DISMISS WITH LEAVE

TO AMEND

ZHENG ZHANG, [Re: ECF 9] Defendant.

12 Defendant Zheng Zhang (“Defendant”) brings a Motion to Dismiss Plaintiff Talece Inc.’s (“Plaintiff”) Complaint. Mot., ECF 9. Plaintiff brought suit alleging four causes of action: breach of fiduciary duties, unjust enrichment, conversion, and accounting. See Ex. A, Compl. ¶¶ 21–41, ECF 1-1. Defendant moves to dismiss the Complaint for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6). Mot. 1, 5. Particularly, Defendant claims Plaintiff failed to meet the heightened pleading requirements for allegations based on fraud under Rule 9(b). Id. at 2; Reply 2, ECF 16. In addition, Defendant requests this Court strike portions of evidence Plaintiff filed in support of…

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