Faizi

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 AHMAD MUKHTAR FAIZI, Case No. 22-cv-04224-VKD

Plaintiff, ORDER DENYING DEFENDANTS' v. MOTION TO DISMISS COMPLAINT

BAKTASH TEMORI, et al., Re: Dkt. No. 19 Defendants.

13 Plaintiff Ahmad Mukhtar Faizi filed a “Verified Shareholder Derivative Complaint for Money Damages and Injunctive Relief,” on behalf of nominal defendant Falafel Flame, Inc. (“Falafel Flame” or “company”) against two of Falafel Flame’s directors, Baktash Temori and Masoud Rustakhis, as well as a number of entities, including Falafel Flame restaurants in Dublin, Tracy, and Concord, California; several restaurants or entities named “Falafel Flame” in Fremont,1 Hayward, Sunnyvale, San Jose, and Upland, California; and several “Blaze BBQ” entities.2 Defendants move pursuant to Rule 12(b)(6) and Rule 9 to dismiss the complaint for failure to state a claim for relief. Mr. Faizi opposes the motion. Upon consideration of…