Bard
Bard v. GSV Asset Management, LLC
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STEPHEN D BARD, Case No. 3:23-cv-00488-WHO
8 Plaintiff,
ORDER GRANTING IN PART AND
9 v. DENYING IN PART MOTION TO
DISMISS AMENDED
10 GSV ASSET MANAGEMENT, LLC, et al., COUNTERCLAIMS 11 Defendants. Re: Dkt. No. 101
12 13 This Order arises from a dispute between defendant/counterclaimant GSV Asset 14 Management (“GSVAM”) and plaintiff/counter-defendant Stephen Bard. GSVAM and Bard 15 entered into a contract through which Bard agreed to sell his shares in GSVAM in exchange for a 16 set fee, paid mostly in monthly payments. GSVAM alleges that it overpaid Bard under that 17 contract, but Bard refused to return the overpayments. It filed counterclaims for, among other 18 things, breach of contract and unjust enrichment, and Bard moved to dismiss. Although there is 19 no contractual provision regarding overpayment, GSVAM is not precluded from asserting claims 20 for unjust enrichment. For those and the following reasons, Bard’s motion is granted in…