Jenkins

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JUDITH JENKINS, Case No. 19-cv-08350-VC

Plaintiff,

ORDER DENYING MOTIONS FOR

v. ATTORNEY’S FEES

JEFFREY WILLIAM TRUEMAN, et al., Re: Dkt. Nos. 187, 192, 193, 194 Defendants.

The defendants’ motions for attorney’s fees are denied. This order assumes the reader is familiar with the case. Under Utah law, members of an LLC are “deemed to assent to the operating agreement.” Utah Code Ann. § 48-3a-113. Jenkins argues that this provision does not apply because the operating agreement’s effective date is April 2013, while the provision only became effective as of January 2014. But the provision applies because it was effective as of Jenkins’ first investment in 2015. As a 10% owner of Science Medical, Jenkins is a member of the LLC and is bound by the operating agreement. That agreement provides that the prevailing party may recover attorney’s fees in “a breach or dispute arising under this Operating Agreement.” Dkt. No. 187-2 § 16.8. The majority of Jenkins’ claims—including all her claims against Trueman—concern the defendants’ efforts to secure her investments in Science…