Balmuccino, LLC v. Starbucks Corporation

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 23 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BALMUCCINO, LLC, a California limited No. 23-35561 liability company, D.C. No. 2:22-cv-01501-JHC Plaintiff-Appellant,

v. MEMORANDUM*

STARBUCKS CORPORATION, a Washington corporation,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington John H. Chun, District Judge, Presiding

Argued and Submitted September 13, 2024 San Francisco, California

Before: GOULD and BUMATAY, Circuit Judges, and R. COLLINS,** District Judge.

Plaintiff-Appellant Balmuccino, LLC, appeals the district court’s dismissal

with prejudice of its claims against Defendant-Appellee Starbucks Corporation. In

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Raner C. Collins, United States District Judge for the District of Arizona, sitting by designation. relevant part, Balmuccino’s first amended complaint alleged breach of…