Cain

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID W. CAIN, an individual, Case No. 1:23-cv-01249-JLT-CDB Plaintiff, ORDER DENYING IFG’S MOTION TO

DISMISS

v. (Doc. 55) INTERNATIONAL FRUIT GENETICS, LLC, a California Limited Liability Company, Defendant. I. INTRODUCTION Before the Court is Defendant Close Demeter LLC, formerly known as International Fruit Genetics, LLC’s (“Defendant IFG”) motion to dismiss Plaintiff David Cain’s second amended complaint. (Doc. 55.) For the reasons set forth below, the Court denies IFG’s motion. II. BACKGROUND Dr. Cain spent approximately twenty years as a plant geneticist at IFG developing fruit varietals. (Doc. 52, ¶ 2.) Dr. Cain had no ownership interest in IFG but received yearly royalty payments for the table grape varieties he developed for IFG. (Docs. 52, ¶ 3.) In March 2022, IFG entered into a purchase agreement with SNFL Investment LLC (the “Buyer”) to sell IFG. (Doc. 52, ¶ 4.) As part of…