("Rahman"), and its Chief Financial Officer, Jason Child ("Child"), in making or directing the making of materially false statements and promises to Protempo before Protempo contracted with Jawbone, to induce Protempo to pay Jawbone at least $1.9 million, making or directing the making of false statement

he false promises were made, but nevertheless participated in, directed, and authorized the making of the false statements and promises. Then, when Protempo and Jawbone entered into their agreement, Jawbone breached the agreement in numerous respects. As a result of Jawbone, Rahman and Child's fraudulen

"negligent false promise," but rather an 15 actionable negligent misrepresentation of existing facts. The Penal Code 496(a) claim fails 16 because Protempo has not alleged, nor does it appear that it can allege, that it transferred money to 17 Mt Rahman. 18 IT IS SO ORDERED. 19 20 21 22 Dated:olit