Kanaan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 Case No. 21-cv-09591-BLF NABIH KANAAN,

ORDER DENYING MOTION TO

Plaintiff,

DISMISS FIRST AMENDED

v. COMPLAINT; AND VACATING

JANUARY 5, 2023 HEARING

NIZAR YAQUB, [Re: ECF 41] Defendant.

13

15 Plaintiff Nabih Kanaan (“Kanaan”) alleges that he and Defendant Nizar Yaqub (“Yaqub”) are the sole members of a limited liability company, The Inn at Del Monte Beach, LLC (“the LLC”). Kanaan asserts that Yaqub has engaged in fraud and other misconduct to squeeze Kanaan out of the LLC and convert Kanaan’s ownership interest to himself. Kanaan’s operative first amended complaint (“FAC”) asserts state law claims against both Yaqub and the LLC (collectively, “Defendants”) for breach of fiduciary duty, breach of contract, breach of the implied covenant of good faith and fair dealing, violation of California Business & Professions Code § 17200, declaratory and injunctive relief, and…