Ice Cream Distributors of Evansville, LLC v. Dreyer's Grand Ice Cream, Inc.

MEMORANDUM

Ice Cream Distributors of Evansville, LLC (“ICD”) appeals the grant of Dreyer’s Grand Ice Cream, Inc.’s (“Dreyer’s”) Rule 12(b)(6) motion to dismiss ICD’s Second Amended Complaint. Though the district court dismissed ICD’s claims under the Racketeer Influenced Corrupt Organizations Act, the Cartwright Act, the Sherman Act, and California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200, ICD appeals only the dismissal of its UCL claim. We affirm.

ICD and Dreyer’s had a business relationship through which ICD distributed Dreyer’s products to grocery and convenience stores. When ICD refused to enter into an exclusivity agreement with Dreyer’s, Dreyer’s terminated its grocery store accounts with ICD and began distributing its own products. ICD claims that as a result it lost much of its business, and that Dreyer’s spread false and disparaging information about ICD to its customers.

Under California’s UCL, only injunctive and restitutionary relief are available. Cal. Bus. & Prof.Code § 17203; see also Mass. Mut. Life Ins. Co. v. Superior Court, 97 Cal.App.4th 1282, 1288 , 119 Cal.Rptr.2d 190 (2002). As a general matter, to state a claim a plaintiff must…