Eisen
Eisen v. Day
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 NOAM EISEN, et al., Case No. 21-cv-05349-VKD
Plaintiffs,
ORDER DENYING PLAINTIFFS’
v. MOTION FOR SUMMARY
ADJUDICATION OR PARTIAL
EMILY DAY, SUMMARY JUDGMENT Defendant. Re: Dkt. No.
AND RELATED COUNTERCLAIMS 14 Plaintiffs Noam Eisen and The Cosmo Alleycats general partnership (collectively, “Eisen parties”) move for summary adjudication or partial summary judgment with respect to four claims asserted against defendant Emily Day. Dkt. No. 76. The motion asks the Court to determine as a matter of law that Ms. Day breached her obligations to Mr. Eisen arising from an alleged partnership with respect to the business of a jazz band called The Cosmo Alleycats. See id. Ms. Day opposes the motion. Dkt. No. 95.1 The Court held a hearing on the motion on October 24, 2023. Dkt. No. 101. Upon consideration of the moving and responding…