Breakey

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL BREAKEY, et al., No. 2:19-cv-00620-TLN-KJN Plaintiffs, v. ORDER JOSHUA LINDSEY, et al., Defendants. 16 This matter is before the Court on Defendants Joshua Lindsay, American Business Brokers L.L.C., and American Business Brokers Utah L.L.C.’s (collectively “Defendants”) Motion to Dismiss (ECF No. 4) and Motion to Strike (ECF No. 7). For the reasons set forth below, the Court GRANTS Defendants’ Motion to Dismiss and DENIES Defendants’ Motion to Strike as moot. I. FACTUAL AND PROCEDURAL BACKGROUND The instant Motion arises from a business dispute between the parties. Defendants assert they entered into an agreement with Plaintiffs Daniel Breakey, D. Breakey Delivery, Inc., and Samantha Breakey (collectively “Plaintiffs”), under which Defendants would broker the sale of Plaintiffs’ business for a ten percent commission. (See ECF No. 1-2 at 31–36, 38.) Plaintiffs claim this agreement is invalid. (Id. at 5…