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AUREFLAM CORP. v. PHO HOA PHAT I, INC.

No. C 05 00746 RS.

375 F.Supp.2d 950 (2005)

AUREFLAM CORPORATION, Plaintiff, v. PHO HOA PHAT I, INC., et al, Defendants.

United States District Court, N.D. California, San Jose Division.

June 24, 2005.

Attorney(s) appearing for the Case

John C. Gorman, San Jose, CA, for Plaintiffs.

Lawrence P. Ramirez, Esq., San Jose, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS

SEEBORG, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff Aureflam Corporation ("Aureflam") moves to dismiss counterclaims filed by Defendants Pho Hoa Phat I, Inc., Pho Hoa Phat I, Inc., and Johnny Lee ("PHP") for failure to state a sufficient claim under Fed. R. Civ. Pro. 12(b)(6) and 9(b), or, in the alternative, for a more definite statement under Fed...

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