Zhang

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JUNJI ZHANG, Case No. 23-cv-05818-VC

Plaintiff,

ORDER REGARDING MOTIONS TO

v. DISMISS COMPLAINT AND MOTION

TO DISMISS COUNTERCLAIM

BELIN YUAN, et al., Re: Dkt. Nos. 19, 21, 23, 43 Defendants.

Yuan and Lin’s motion to dismiss is partially granted—the claims against these defendants can move forward, but only to the extent that they are based on the alleged 2023 withdrawals. The Asiacom companies’ motions to dismiss are granted with leave to amend. Zhang’s motion to dismiss Yuan’s counterclaim is also granted with leave to amend. This ruling assumes that the reader is familiar with the facts, the applicable legal standard, and the arguments made by the parties. 1. Zhang vaguely alleges that Yuan and Lin diverted Camiwell US’s business in 2018 and 2019. The claims against Yuan and Lin based on these allegations are barred because of claim preclusion. In an earlier lawsuit, Zhang already alleged that Yuan and Lin had been trying to drive Camiwell US out of business by siphoning its assets and business in 2018 and 2019. That is the same misconduct and injury alleged here.…