Herbalife International of America, Inc. v. Eastern Computer Exchange, Inc.
Opinion
Trial Court Opinion
Case 2:22-cv-00347-ODW-AGR Document Filed 12/28/ Page 1 of Page ID #:446
O
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United States District Court Central District of California
11 HERBALIFE INTERNATIONAL OF Case № 2:22-cv-00347-ODW (AGRx)
AMERICA, INC.,
12 Plaintiff, ORDER GRANTING IN PART AND 13 v. DENYING IN PART PLAINTIFF’S MOTION TO DISMISS FIRST 15 E INA CS .T eE t R alN ., COMPUTER EXCHANGE AMENDED COUNTERCLAIM [39]
16 Defendants. 17 I. INTRODUCTION Plaintiff Herbalife International of America, Inc. brings suit against Defendant 20 Eastern Computer Exchange, Inc., alleging that Eastern fraudulently ordered millions 21 of dollars of computer equipment on behalf of Herbalife. (First Am. Compl. (“FAC”) 22 ¶ 5, ECF No. 35.) In its First Amended Counterclaim, Eastern asserts six 23 counterclaims against Herbalife. (First Am. Countercl. (“Am. Countercl.”) ¶¶ 34–71, 24 ECF No. 38.) Herbalife now moves to dismiss four of Eastern’s counterclaims 25 pursuant to Federal Rule of Civil Procedure (“Rule”)…