Shin

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JENNIFER TULLEY ARCHITECT, INC., Case No. 21-cv-00619-AGT

Plaintiff,

ORDER ON MOTION TO DISMISS

v. Re: Dkt. No. 110

JEANNIE SHIN,

Defendant.

Before the Court is TEF Architecture and Interior Design, Inc.’s motion to dismiss Jean- nie Shin’s first amended third-party complaint. After reviewing the legal standard and Shin’s allegations, the Court will explain why TEF’s motion will be granted in part and denied in part.

I. LEGAL STANDARD

On a motion to dismiss, the Court takes the well-pleaded factual allegations in the com- plaint as true, construes them in the light most favorable to the nonmoving party, and evaluates whether they state a plausible claim for relief. See Fort v. Washington, 41 F.4th 1141, 1144 (9th Cir. 2022). Legal conclusions, unlike factual allegations, are “not entitled to the assumption of truth.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). The Court treats written instruments at- tached to the complaint as “part of the pleading.” Fed. R. Civ. P. 10(c).

II. BACKGROUND

A. Shin’s Allegations In October 2019, Jeannie Shin hired Jennifer Tulley as an architect to remodel Shin’s home. At…