IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 PATTERN DESIGN LLC, Case No. 24-cv-02604-CRB
Plaintiff,
v. ORDER GRANTING IN PART AND
DENYING IN PART MOTION TO
WE ARE SECHEY INC., et al., DISMISS Defendants.
I. BACKGROUND This case concerns a start-up’s missed payments and unrealized promises to pay pursuant to a contract for web design services. Plaintiff Pattern Design LLC, a website design company, alleges that Defendants We are Sechey Inc. (We are Sechey), Sechey, Inc. (Sechey), and Emily Heintz: (1) failed to meet their payment obligations and (2) never intended to meet those obligations. Pattern invokes alter ego and mutual mistake as theories for holding Sechey and Heintz liable for the alleged breach and promissory fraud despite them not being named as parties to the contract. Defendants move to dismiss Pattern’s claims for failure to state a claim under Federal Rules of Civil Procedure 12(b)(6) and 9(b). The Court DENIES Defendants’…