Baxter

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LAURA BAXTER,

Plaintiff, No. 2:24-cv-00827-TLN-JDP

v.

MAGIC DARTS, INC., a California ORDER Corporation; JOHN A. BAXTER, JR., an individual; KELLY BAXTER, an individual; and DOES 1-10, 15 Defendants.

This matter is before the Court on Defendants Magic Darts, Inc. (“MD”), John A. Baxter,

Jr. (“John”), and Kelly Baxte r’s (“Kelly”) (collectively, “Defendants”) Motion to Dismiss. (ECF

No. 6.) Plaintiff Laura Baxter (“Plaintiff”) filed an opposition. (ECF No. 9.) Defendants filed a

reply. (ECF No. 11.) For the reasons set forth below, Defendants’ motion is GRANTED in part

and DENIED in part.

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/// I. FACTUAL AND PROCEDURAL BACKGROUND The instant action arises from an alleged breach of business contracts between Plaintiff and Defendants. (See ECF No. 1-2 at 7–29.) In 2002, Plaintiff alleges she entered into an oral agreement with Defendants, under which Plaintiff was…