Kanaan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 8 NABIH KANAAN, Case No. 21-cv-09591-BLF

Plaintiff, ORDER DENYING MOTION TO

DISMISS FIRST AMENDED

v. COMPLAINT OR, IN THE

ALTERNATIVE, TO STRIKE

NIZAR YAQUB, and individual; and THE PORTIONS OF FIRST AMENDED INN AT DEL MONTE BEACH, LLC, a COMPLAINT California Limited Liability Company, [Re: ECF 20] Defendants. 15

17 This case arises out of a falling-out between Plaintiff Nabih Kanaan and Defendant Nizar Yaqub, the two members of a profitable limited liability company, The Inn at Del Monte Beach, LLC (“the LLC”). Kanaan alleges that Yaqub engaged in fraud and other misconduct for the purpose of squeezing Kanaan out of the LLC and converting to himself all or most of Kanaan’s ownership interest. Kanaan sues Yaqub and the LLC (collectively, “Defendants”) for breach of contract, fraud, and related claims under California law. Defendants move to dismiss…