Bailey

Bailey v. Nurmi

Good Law
United States District Court, Northern District of CaliforniaDecember 10, 20203:19-cv-07669-WHOCalifornia5,424 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THORIUM CYBER SECURITY, LLC, Case No. 3:19-cv-07669-WHO

Plaintiff,

ORDER ON MOTION TO DISMISS;

v. MOTION TO STRIKE

JAMES DOUGLAS NURMI, Re: Dkt. No. 55 Defendant.

12 Plaintiff Thorium Cyber Security, LLC (“Thorium”), sued defendant James Douglas Nurmi for allegedly accessing and misusing its online accounts and intellectual property without authorization. Nurmi now brings five counterclaims. Before me is Thorium’s motion to dismiss four of them. That motion is granted with leave to amend. Because three of the counterclaims are only against Thorium’s CEO, John Bailey, they are not proper counterclaims. Nurmi’s only argument to the contrary is that Thorium and Bailey should be treated as alter egos. That argument fails because Nurmi has not shown, as required, that the alter ego doctrine is necessary to avoid inequity. The remaining counterclaim alleges that Nurmi was fraudulently induced into investing in Thorium. I lack…

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