Kanaan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 NABIH KANAAN, Case No. 21-cv-09591-BLF

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS FIRST AMENDED

COMPLAINT FOR FAILURE TO JOIN

NIZAR YAQUB, AN INDISPENSABLE PARTY Defendant. [Re: ECF 45]

12 Plaintiff Nabih Kanaan (“Kanaan”) alleges that he and Defendant Nizar Yaqub (“Yaqub”) are the sole members of a profitable limited liability company, The Inn at Del Monte Beach, LLC (“the LLC”). Kanaan claims that Yaqub engaged in fraud and other misconduct in an order to convert to himself the majority of Kanaan’s ownership interest in the LLC. Kanaan originally filed this suit against both Yaqub and the LLC, but subsequently dismissed the LLC. Before the Court is Yaqub’s third motion to dismiss the operative first amended complaint (“FAC”). The Court denied Yaqub’s prior motions to dismiss the FAC under Federal Rules of Civil Procedure 12(b)(6) and…