`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`Case No. 4:20-cv-05640-YGR
`
`
`ORDER GRANTING MOTION FOR JUDGMENT
`ON THE PLEADINGS
`
`Re: Dkt. No. 113
`
`
`
`EPIC GAMES, INC.,
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`APPLE INC.,
`
`Defendant.
`
`Counterclaimant,
`
`v.
`
`EPIC GAMES, INC.,
` 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
`GRANTS 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.”).
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Northern District of California
`United States District Court
`
`
`
`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 DISMISSED WITH PREJUDICE, and Apple’s requests for punitive damages are also
`DISMISSED WITH PREJUDICE.
`IT IS SO ORDERED.
`Dated: November 18, 2020
`
`
`
`
`YVONNE GONZALEZ ROGERS
`UNITED STATES DISTRICT JUDGE
`
`
`
`2
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Northern District of California
`United States District Court
`
`