Lever Your Business Inc v. Sacred Hoops and Hardwood, Inc.

I. INTRODUCTION

Plaintiff Lever Your Business, Inc. (“LYB”) filed this action against defendant Sacred Hoops & Hardwood, Inc. (“Sacred Hoops”) on August 15, 2019. Dkt. 1 (“Compl.”). LYB asserts claims for breach of contract, unfair competition, and conversion. See id. According to LYB, Sacred Hoops breached an agreement between the parties restricting the resale price of goods that Sacred Hoops buys from LYB, refused to pay for or return goods that it purchased from LYB, and engaged in unfair competition by holding LYB responsible for its nonpayment. Id. On October 8, 2019, Sacred Hoops filed a motion to dismiss. Dkt. 13 (“Motion”). On October 28, 2019, LYB filed an opposition. Dkt. 18 (“Opp.”). Sacred Hoops filed a reply on November 4, 2019. Dkt. 19 (“Reply”). Having carefully considered the parties’ arguments, the Court finds and concludes as follows.

II. BACKGROUND

Plaintiff LYB is a California corporation with its principal place of business in California. Compl. { 1. LYB “distribut[es] Italian based clothing, accessory, and life style brand to companies (sellers) throughout the United States.” Id. J 6. …