Body Jewelz, Inc. v. Valley Forge Insurance Co.

Good Law
241 F. Supp. 3d 1084·2017 WL 985636·2017 U.S. Dist. LEXIS 36452
United States District Court, Central District of CaliforniaMarch 14, 2017Case No 2:17-cv-00140-ODW (PLA)California3,582 words

Opinion

Lead Opinion

Wright, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS [9]

I.INTRODUCTION

This lawsuit stems from the “crash” of Plaintiff Body Jewelz Inc.’s website. Before the Court’ is- Defendant GoDaddy Inc.’s (“GoDaddy”) Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. (ECF No. 9.) The Court GRANTS IN PART and DENIES IN PART GoDaddy’s motion to dismiss.

II.FACTUAL BACKGROUND

Plaintiff owns a business in Los Angeles. (Compl. ¶ 1, ECF No. 1-1.) Go-Daddy is an Arizona-based provider of “online services and website monitoring for individuals and businesses.” (Id. ¶ 8; Not. of Removal ¶ 9, ECF No. 1.) Plaintiff entered into a “written and implied contract” with GoDaddy to “manage, administer, and monitor Plaintiffs website.” (Compl, ¶40.) On August 4, 2015, Plaintiffs website “crashed.” (Id. ¶ 6.) Plaintiff “lost thousands of dollars in online orders and had to rebuild its website” as a result of the “crash.” (Id.) On October 7, 2016, Plaintiff filed this lawsuit alleging four claims against GoDaddy: (1) breach of contract; (2) fraud in the performance; (3) negligent misrepresentation; and (4) negligence. 1 (Id. ¶¶ 39-55.) On January 6, 2017, GoDaddy removed the…

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