Zhang

I. BACKGROUND

1 Plaintiff filed the present action against Defendant, its former CEO, in Santa Clara County 2 Superior Court on May 18, 2020. See Compl. ¶¶ 3, 9. Plaintiff accused Defendant of embezzling 3 the corporation’s capital funds and stealing the corporation’s software and codes, among other 4 allegations. Compl. ¶¶ 14–19. Plaintiff alleged four separate causes of action for breach of 5 fiduciary duties, unjust enrichment, conversion, and accounting. See Compl. ¶¶ 21–41. Defendant 6 removed the action to federal court on the basis of diversity jurisdiction pursuant to 28 U.S.C. §§ 7 1332, 1441, and 1446 on May 28, 2020. See Not. of Removal, ECF 1. In response, Plaintiff 8 brought a motion to remand, pursuant to 28 U.S.C. § 1447(c), on July 13, 2020. See Mot. to 9 Remand. Plaintiff’s motion to remand was denied on September 8, 2020. See Order Den. Mot. to 10 Remand. 11 Defendant now brings a motion for sanctions pursuant to Rule 11, based on Plaintiff’s motion 12 to remand. See Mot. 2–3. Defendant alleges that Plaintiff violated Rule 11 because the motion to 13 remand contains legal claims and factual allegations that have no evidentiary support, Plaintiff did…