The Payroll Resource Group v. HealthEquity, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THE PAYROLL RESOURCE GROUP, Case No. 23-cv-02794-TSH

Plaintiff,

ORDER DENYING: MOTION TO

v. DISMISS

HEALTHEQUITY, INC., Re: Dkt. No. 42 Defendant.

12 I. INTRODUCTION Pending before the Court is Defendant HealthEquity, Inc.’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 42. Plaintiff The Payroll Resource Group filed an Opposition (ECF No. 45) and Defendant filed a Reply (ECF No. 46). For the reasons stated below, the Court DENIES the motion.1 II. BACKGROUND In April 2002, Plaintiff The Payroll Resource Group entered into a written agreement (“Agreement”) with MHM Business Services (“MHM”) for a license to use MHM’s proprietary payroll software known as WinFlex125. First Amended Complaint (“FAC”) ¶ 5, ECF No. 31. Under the terms of the Agreement, Plaintiff paid a one-time set-up fee, and subsequently paid monthly fees…