JIANG, YVONNE VS XU, HELEN

Case No.: 17K05412     Track Rulings In Case

Jiang v. Xu, et al.

Defendant David Gao’s Motion to Strike Plaintiff’s Improperly Filed Second Amended Complaint and Dismiss Action is denied. The court deems the Second Amended Complaint filed as of October 23, 2018, and on its own motion, strikes the allegations against Defendant Helen Xu therein.

Plaintiff Yvonne Jiang’s Motion for Leave to File Amended Complaint is deemed moot.

Procedural History

Plaintiff Yvonne Jiang (“Plaintiff”) filed a Complaint for (1) breach of contract; (2) fraud; and (3) fraud against Defendants Helen Xu, Wenmei Yu and David Gao (“Defendants”) on April 28, 2017. The first cause of breach of contract was alleged against Defendant Xu. The second cause of action for fraud was alleged against Defendant Yu. The third cause of action for fraud was alleged against Defendant Gao.

On June 14, 2017, Plaintiff filed a “First Amendment to the Third Cause of Action to the Complaint.” Instead of........