Pratt

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID PRATT, Case No. 22-cv-04228-HSG

8 Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

9 v. MOTION TO DISMISS

10 ROBERT C. HIGGINS, et al., Re: Dkt. No. 45 11 Defendants.

12 13 Before the Court is a motion filed by Defendants Robert Higgins (“Mr. Higgins”), Sharon 14 Higgins (“Mrs. Higgins”), Green Garden Group, Inc. (“3GI”), and Emerald Harvest, Inc. (“EHI”) 15 seeking to dismiss certain causes of action alleged in Plaintiff’s Second Amended Complaint. See 16 Dkt. No. 45 (“Mot.”); see also Dkt. No. 44 (Second Amended Complaint or “SAC”). The Court 17 finds these matters appropriate for disposition without oral argument and the matters are deemed 18 submitted. See Civil L.R. 7-1(b). For the reasons set forth below, the Court GRANTS IN PART 19 and DENIES IN PART the motion. 20 I. BACKGROUND 21 Even after the case was trimmed down somewhat following the Court’s first motion to 22 dismiss order, the SAC still…