Chang v. Han et al

Filing 29

ORDER denying 9 Motion to Remand. Signed by Judge Edward J. Davila on 4/21/2014. (ejdlc4S, COURT STAFF) (Filed on 4/21/2014) Modified on 4/21/2014 (ejdlc1S, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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United States District Court
For the Northern District of California

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RICHARD CHANG,

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Plaintiff,
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v.
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ZHENG TAO HAN, an individual; CHI-MING )
WU a/k/a/ FRED WU, an individual;
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BIOSUCCESS BIOTECH CO., LTD., a Cayman )
Islands corporation; BIOSUCCESS BIOTECH )
CO., LTD., a Nevada corporation; and DOES 1- )
50, inclusive,
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Defendant.
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Case No.: 5:14-CV-00426-EJD
ORDER DENYING PLAINTIFF’S
MOTION TO REMAND.

[Re: Docket No. 9]

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Plaintiff Richard Chang (“Plaintiff”) filed this suit against individual defendants Chi-Ming

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Wu and Zheng Tao Han as well as corporate defendant Biosuccess Biotech Co., Ltd. and its

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subsidiary, also named Biosuccess Biotech Co., Ltd. (collectively, “Defendants”), in Santa Clara

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County Superior Court on January 3, 2014. Complaint (“Compl.”), Docket Item No. 1-1 Ex. 3. In

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his Complaint, Plaintiff alleges claims of interference with prospective economic advantage,

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securities fraud pursuant to California Corporations Code § 25401, California Labor Code

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violations, breach of contract, quantum meruit, and declaratory relief as to inventorship and

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ownership of certain patents. Id. Defendants removed the action to this court on January 28, 2014

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on the basis of diversity jurisdiction. Notice of Removal (“Notice”), Docket Item No. 1. Plaintiff

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filed the instant Motion to Remand this case to Santa Clara County Superior Court on February 12,

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2014. Docket Item No. 9.
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Case No.: 5:14-CV-00426-EJD
ORDER DENYING PLAINTIFF’S MOTION TO REMAND