Pratt

Pratt v. Higgins

Good Law
United States District Court, Northern District of CaliforniaJuly 17, 20234:22-cv-04228California7,253 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID PRATT, Case No. 22-cv-04228-HSG

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS

ROBERT C. HIGGINS, et al., Re: Dkt. No. 22 Defendants.

12 Pending before the Court is a motion filed by Defendants Robert Higgins (“Mr. Higgins”), Sharon Higgins (“Mrs. Higgins”), Green Garden Group, Inc. (“3GI”), and Emerald Harvest, Inc. (“EHI”) seeking to dismiss certain causes of action alleged in Plaintiff’s First Amended Complaint. See Dkt. No. 22 (“Mot.”); see also Dkt. No. 16 (“FAC”). For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART the motion. I. BACKGROUND Plaintiff brings the following long list of claims: (1) breach of fiduciary duty; (2) breach of duty of good faith and fair dealing; (3) receiving improper distributions; (4) unjust enrichment and restitution; (5) conversion; (6) concealment; (7) accounting and restitution; (8) dissociation;…

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