Temming

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division STEVE TEMMING, Case No. 21-cv-04858-LB

Plaintiff, ORDER GRANTING IN PART

MOTION TO DISMISS

v. Re: ECF No. 35 SUMMUS HOLDINGS, LLC, et al., Defendants. 16 INTRODUCTION The plaintiff leased a medical laser (allegedly falsely branded as a K-Laser product) at a veterinary trade show in San Francisco through a lease agreement with an equipment supplier and financer, Beneficial Equipment Finance Corporation. He thought it was manufactured by Eltech K- Laser, an Italian company, in part because an employee of Summus Medical Laser (the supplier) told him that it was, and the branding was deceptively similar. Toward the end of his lease, he determined that the laser was (allegedly) counterfeit, and he sued Summus Medical Laser, its holding company Summus Holdings, and its principal Richard Albright for trafficking in counterfeit goods and fraud, in violation of…