Herbalife International of America, Inc. v. Eastern Computer Exchange, Inc.

I. INTRODUCTION

19 Plaintiff Herbalife International of America brought suit against Defendants 20 Eastern Computer Exchange, Inc. and Gerry Berg, alleging that Defendants conspired 21 to provide Eastern an unfair business advantage to the detriment of Herbalife. 22 (Compl. ¶ 7, ECF No. 1.) Defendants answered and asserted six counterclaims 23 against Herbalife sounding in contract. (Answer & Countercl. (“Countercl.”), ECF 24 No. 16.) Herbalife now moves to dismiss Defendants’ counterclaims. (Mot. Dismiss 25 (“Motion” or “Mot.”), ECF No. 19-1.) For the reasons set forth below, the Court 26 GRANTS in PART and DENIES in PART Herbalife’s Motion.1

28 1 Having carefully considered the papers filed in connection with the Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. Case 2:22-cv-00347-ODW-AGR Document Filed 06/08/ Page 2 of Page ID #:326

II. BACKGROUND Herbalife is a global nutrition company that provides consumers with nutrition 3 solutions in the area of weight management, sports nutrition, and health and…