RBB2, LLC v. CSC Serviceworks, Inc.
Opinion
Trial Court Opinion
I. INTRODUCTION
14 In July 2018, Plaintiff RBB2, LLC (“Plaintiff” or “RBB2”) filed a putative class action suit
15 against Defendant CSC ServiceWorks, Inc. (“Defendant” or “CSC”) initially asserting claims for
16 breach of contract and unjust enrichment arising from a 9.75% administrative fee (“Administrative
17 Fee”) Defendant unilaterally charged RBB2 and the putative class. Complaint, ECF No. 1 ¶¶ 1-5.
18 Defendant filed a motion to dismiss, and the Court granted the motion in part, dismissing without
19 prejudice the unjust enrichment claim. Memorandum Decision and Order, ECF No. 25. Plaintiff then
20 filed the First Amended Complaint (“FAC”) asserting claims for breach of contract, and in the
21 alternative, a quasi-contract claim for restitution. ECF No. 26 ¶¶ 41-55. CSC answered the FAC and
22 asserted the following counterclaims: (1) breach of contract, (2) quasi-contract claim for restitution in
23 the alternative of breach of contract, and (3) for declaratory relief. ECF No. 27.
25 set forth below, Plaintiff’s motion to dismiss is GRANTED with leave to amend.