Kanaan

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NABIH KANAAN, Case No. 21-cv-09591-PCP

8 Plaintiff,

ORDER DENYING IN PART AND

9 v. GRANTING IN PART PLAINTIFF’S

MOTION TO STRIKE

10 NIZAR YAQUB, Re: Dkt. No. 57 Defendant. 11

12 13 Plaintiff Nabih Kanaan moves to strike the affirmative defenses raised by Defendant Nizar 14 Yaqub in his answer to the complaint. For the following reasons, the Court denies the motion as to 15 affirmative defenses 2–9 and 12–13, grants the motion in part as to defenses 1 and 11, and grants 16 the motion to strike affirmative defense 10. 17 BACKGROUND 18 Kanaan and Yaqub co-founded an LLC in 1998, in which Kanaan owned a 30% member 19 interest. In his complaint, Kanaan alleges that Yaqub falsified documents in 2017 to make it seem 20 as though Kanaan has only an 8% ownership interest in the LLC. Kanaan asserts claims for breach 21 of fiduciary duty, breach of contract, breach of the implied covenant of good faith and fair dealing, 22 violation of…