True Gentlemen's Jerky, Inc. v. 1K1V TGJ Holdings, LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TRUE GENTLEMEN'S JERKY, INC., Case No. 21-cv-04073-VC

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

1K1V TGJ HOLDINGS, LLC, et al., Re: Dkt. No. 42 Defendants.

The motion to dismiss is denied as to the claims for interference with prospective economic relations against 1K1V and Hendrik Jordaan. This order assumes the reader’s familiarity with the facts of the case, the arguments made by the parties, and the relevant law.1 True has adequately stated claims for intentional and negligent interference with prospective economic relations based on the theory that 1K1V and Jordaan aided and abetted Evans in breaching his fiduciary duty to True. In her papers and at the hearing, counsel for the defendants tried to characterize True’s conflict-of-interest and improper-motive allegations as amounting only to the claims that 1K1V appointed Evans to True’s board and that Jordaan and Evans allegedly have a personal, friendly relationship. Counsel is correct that, under California law, these kinds of allegations cannot overcome the business judgment rule. See Apple Inc. v. Superior Court, 18…