Walmart

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DIVINE ENTERPRISES, INC., No. 2:21-cv-00209-JAM-JDP Plaintiff, v. ORDER GRANTING DEFENDANT’S

MOTION TO DISMISS

WALMART dba Sam’s Wholesale, and DOES 1 through 50, inclusive, Defendant. 17 Divine Enterprises, Inc. (“Divine”), a trucking company, was 18 hired by now-defunct Svenhard’s Swedish Bakery (“Svenhard’s”) to 19 deliver several truckloads of baked treats to Walmart stores 20 around the country. See First Am. Compl. (“FAC”) ¶ 15, ECF No. 21 16. However, because of Svenhard’s bankruptcy, the $218,643.93 22 owed to Divine for the transport of goods has gone unpaid. Id. 23 With little hope of recovering from Svenhard’s, Divine filed suit 24 against Walmart to obtain the unpaid freight charges. Walmart 25 argues that it has no legal responsibility to pay these charges 26 and moves to dismiss Divine’s FAC for failing to state a claim 27 upon which relief can be granted. See Mot. to Dismiss (“Mot.”), 28 ECF No. 17. For the reasons set forth below, the…