Case Information
*1 Case 4:20-cv-05640-YGR Document 165 Filed 11/18/20 Page 1 of 2 U NITED S TATES D ISTRICT C OURT N ORTHERN D ISTRICT OF C ALIFORNIA E PIC G AMES , I NC . , Case No. 4:20-cv-05640-YGR Plaintiff, O RDER G RANTING M OTION FOR J UDGMENT v. ON THE P LEADINGS A PPLE I NC . ,
Defendant. Re: Dkt. No. 113 A PPLE I NC . ,
Counterclaimant, v. E PIC G AMES , I NC . , Counter-Defendant.
On November 10, 2020, the Court heard oral argument on plaintiff and counter-defendant Epic Games, Inc.’s (“Epic Games”) motion for judgment on the pleadings, which was fully briefed. (Dkt. Nos. 113, 129, 135.) For the reasons stated on the record, and confirmed herein, having carefully considered the briefing and arguments submitted in this matter, the Court G RANTS Epic Games’ motion for judgment on the pleadings. See JRS Products, Inc. v. Matsushita Electr. Corp. of Am. , 115 Cal.App.4th 168, 183 (2004) (“[W]rongful or not, the termination [of the contract] is not ‘independent’ of [defendant’s] interference with [plaintiff’s] interest. . . . [A] breach of contract claim cannot be transmuted into tort liability by claiming that the breach interfered with the promisee’s business.”); Plummer v. Day/Eisenberg, LLP , 184 Cal.App.4th 38, 45 (2010) (“Neither legal title nor absolute ownership of the property is necessary. . . . A party need only allege it is ‘entitled to immediate possession at the time of conversion. . . .’ . . . However, a mere contractual right of payment, without more, will not suffice.”).
*2 Case 4:20-cv-05640-YGR Document 165 Filed 11/18/20 Page 2 of 2 Accordingly, defendant and counterclaimant Apple Inc.’s (“Apple”) counterclaims for Intentional Interference with Prospective Economic Advantage (Count IV) and Conversion (Count V) are hereby D ISMISSED WITH P REJUDICE , and Apple’s requests for punitive damages are also D ISMISSED WITH P REJUDICE .
I T I S S O O RDERED .
Dated: November 18, 2020 Y VONNE G ONZALEZ R OGERS U NITED S TATES D ISTRICT J UDGE 2