Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-04946-JSW

Document 71

Filed 06/16/2008

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CHRISTOPHER COOKE, CA Bar #142342 STEPHEN S. WU, CA Bar # 205091 COOKE KOBRICK & WU LLP 177 Bovet Road, Suite 600 San Mateo, CA 94402 Email: [email protected] [email protected] Tel: (650) 638-2370 Fax: (650) 341-1395 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MEI-FANG LISA ZHANG, BAY AREA AFFORDABLE HOUSING, LLC, XUEHUAN GAO, YANG-CHUN ZHANG, CAROL JIAN DENG, and HAO LIANG, Plaintiffs, vs. WEI-MAN RAYMOND TSE, RUN PING ZHOU a.k.a. FLORA ZHOU, THERESA WONG, JAMES YU, BILL SHU WAI MA, MOLLY LAU, VICTOR SO, JIAN XIAO, CHRIST INVESTMENT SERVICE INC., CIS SERVICE, INC., PACIFIC BEST GROUP LTD. a.k.a. PACIFIC BEST COMPANY LTD., and SOUTH CHINA INVESTMENT INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C-07-04946 JSW (Related to C-05-02641 JSW) PLAINTIFFS' NOTICE OF MOTION AND MOTION TO DISMISS COUNTERCLAIM OF DEFENDANT RUN PING ZHOU FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FED. R. CIV. P. 12(b)(6)) Date: August 8, 2008 Time: 9:00 a.m. Courtroom: 2, 17th Floor

TO DEFENDANT RUN PING ZHOU: PLEASE TAKE NOTICE that on Friday, August 8, 2008, at 9:00 a.m., or as soon thereafter as the matter may be heard in the above-entitled Court, located at 450 Golden Gate Ave., San Francisco, CA 94102, Plaintiffs MEI-FANG LISA ZHANG, BAY AREA -1PLAINTIFFS' NOTICE OF MOTION AND MOTION TO DIMSISS COUNTERCLAIM OF DEFENDANT RUN PING ZHOU Case No.: C-07-04946 JSW

Case 3:07-cv-04946-JSW

Document 71

Filed 06/16/2008

Page 2 of 2

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AFFORDABLE HOUSING, LLC, XUE-HUAN GAO, YANG-CHUN ZHANG, CAROL JIAN DENG, and HAO LIANG will move the Court, and Plaintiffs do hereby move, to dismiss the Counterclaim pursuant to Fed. R. Civ. P. 12(b)(6) because Defendant RUN PING ZHOU's Counterclaim fails to state a claim upon which relief can be granted. The gravamen of the Counterclaim is that Plaintiffs have unfairly accused RUN PING ZHOU of wrongful conduct in their Complaint and that their allegations constitute malicious prosecution. Defendant RUN PING ZHOU, however, has not yet litigated her defenses to the Complaint to a legal termination in her favor, which is an essential element of a malicious prosecution claim. Therefore, her claim is legally deficient. The motion will be based on this Notice of Motion and Motion, the Memorandum of Points and Authorities filed herewith, and the pleadings and papers filed herein.

Respectfully Submitted, COOKE, KOBRICK, & WU LLP Dated: June 16, 2008 /s/ By: CHRISTOPHER C. COOKE Attorneys for Plaintiffs

-2PLAINTIFFS' NOTICE OF MOTION AND MOTION TO DIMSISS COUNTERCLAIM OF DEFENDANT RUN PING ZHOU Case No.: C-07-04946 JSW