Fast Post Shanghai Logistics Co., Ltd v. B612 Tima Inc

I. BACKGROUND

On July 5, 2023, Fast Post Shanghai Logistics (“Plaintiff” or “Fast Post”) filed a complaint in the Superior Court of California for the County of San Bernardino against Defendants B612 Tima Inc. (“B612”), Best Bay Logistics Inc. (“Best Bay”), and Rail Dog Trucking LLC (“Rail Dog”) (collectively, “Defendants”). (“Complaint,” Dkt. No. 1-2.) Fast Post alleges four causes of action: (1) breach of contract against all Defendants; (2) common counts against all Defendants; (3) negligence against all Defendants; and (4) conversion against Rail Dog. (See id.)

// // // // A. Motion to Remand

On August 11, 2023, Best Bay removed the action. (“Notice of Removal,” Dkt. No. 1.) Rail Dog and B612 were not joined in the removal. (Id. ¶ 17 (“As of the date of this filing, no other party has appeared in this matter.”))

On September 8, 2023, Fast Post filed the MTR. (See MTR.) Best Bay opposed on September 26, 2023. (“MTR Opposition,” Dkt. No. 13.) On October 1, 2023, Fast Post replied. (“MTR Reply,” Dkt. No. 18.)

B. Motion to Dismiss

On August 18, 2023, Best Bay filed the MTD. (See MTD.) In support of the MTD, Best Bay filed a memorandum of points and authorities.…