Reidinger
Reidinger v. Zendesk, Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
1 On January 24, 2020, the Court consolidated two putative securities class action 2 lawsuits against Zendesk and appointed the Pension Fund as lead plaintiff. See Order 3 Consolidating Cases (dkt. 42). The Pension Fund then filed an Amended Class Action 4 Complaint on behalf of all purchasers of Zendesk common stock between February 6, 5 2019 and October 1, 2019, inclusive (the Class Period). See Amended Compl. (dkt. 51) at 6 1. The Pension Fund alleges that Zendesk and three officers—Chief Executive Officer 7 Mikkel Svane, Chief Financial Officer Elena Gomez, and Senior Vice President of 8 Worldwide Sales Norman Gennaro—committed securities fraud in violation of § 10(b) of 9 the Securities Exchange and SEC Rule 10b-5. See id. ¶¶ 34–36, 124–127. The Pension 10 Fund also alleges that the individual defendants violated § 20(a) of the Securities 11 Exchange Act as control persons liable for any fraud committed by Zendesk and its other 12 employees. See id. ¶¶ 128–131. 13 Because Zendesk has moved to dismiss the Amended Complaint, the Court must 14 accept the Pension Fund’s well-pleaded allegations as true. Usher v. City of Los Angeles, 15 828 F.2d 556, 561…