The claim must be pleaded with “sufficient 5 factual matter. To survive a 2 motion to dismiss, the complaint must allege “more than labels and conclusions, 3 and a formulaic recitation of the elements of a cause of action.” Bell Atl. LEGAL STANDARD 20 A claim should be dismissed under Rule 12(b)(6) of the Federal Rules of 21 Civil Procedure when the plaintiff fails to assert a “cognizable legal theory” or 22 the complaint contains “sufficient facts. lied about making a $40,000 donation to support the creation of graves for 15 16 12,000 fallen South Vietnamese forces (the “Defamatory Charitable 17 Fraud Allegations”).12 18 Defendants moved to dismiss in July 2022, 13 and the Motion is fully briefed.used his company, NV Foundation, to commit tax fraud by not paying 12 13 sales taxes on the products that he sold online to his fans (the 14 “Defamatory Tax Fraud Allegations”) 11 and.sympathized with communists or was a Communist himself (the 10 “Defamatory Communist Allegations”) 10 11.scammed his customers and engaged in false advertising (the 8 “Defamatory Advertising Allegations”) 9 9.

8 Those defamatory 6 comments can be further classified into four sub-categories, in which Nguy 7 alleges that Luu said that Nguy: 7 Nguy characterizes the “Overall Defamatory Message” as Luu 5 smearing him as a communist, a tax evader, and a liar. BACKGROUND Each claim for relief in Nguy’s Complaint relates to a specific category of 2 3 comments or remarks, which together cohere into a specific defamatory 4 message. 6 The Court considered the following papers: (1) Complaint (2) Motion (including its attachments) (3) Opposition and (4) Reply in Supp. After considering the papers filed in support and in 17 opposition, 6 the Court orders that Defendants’ Motion is DENIED, for the 18 reasons set forth herein. 5 15 The Court finds this matter appropriate for resolution without a hearing. 4 14 Before the Court is Defendants’ motion to dismiss Nguy’s Complaint. Luu thereafter 12 launched a series of attacks on Nguy’s reputation in an effort to divert business 13 away from Nguy and to sell more of Luu’s own consumer products. 3 Specifically, Nguy alleges that Luu worked with Nguy 11 for 18 months, then she started her own YouTube channel. Nguy asserts five 10 claims for relief for libel. 2 Nguy filed this lawsuit against his former co-host, Defendant Lapson Luu, 7 8 and her associated businesses, Defendants Beti Channel Shops, LLC (“BCS”) 9 and Total Elite Financial and Insurance Services (“TEFI”).

Nguy also sells personal care products tied 6 to his side business, non-party NV Foundation. 1 Nguy 3 has worked in radio broadcasting for years, and he currently hosts a daily online 4 show in which he discusses politics, international relations, and matters 5 concerning the Vietnamese diaspora. 20 21 22 23 24 25 26 27 28 Plaintiff Vu Nguy is an online political commentator-allegedly well- 1 2 known in the Vietnamese community-living here in the United States. 8:22-cv-01203-JWH-DFM MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS Defendants.

LAPSON LUU, aka BE TI, an individual BETI CHANNEL SHOPS, LLC, a California limited liability Company and TOTAL ELITE FINANCIAL AND INSURANCE SERVICES, a California corporation, Case No. 30 O 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 VU NGUY, an individual, Plaintiff, 12 13 14 15 16 17 18 19 v.

Nguy vu foundation