Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC

1 2 O 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 ELIZABETH M. BYRNES, INC., ) Case No. CV 20-04149 DDP (RAOx) ) Plaintiff, ) ) ORDER GRANTING DEFENDANT’S MOTION v. ) TO DISMISS ) FOUNTAINHEAD COMMERCIAL ) CAPITAL, LLC, ) [Dkt. 23] ) Defendants. ) 16 Presently before the court is Defendant Fountainhead Commercial Capital, LLC (“Fountainhead”)’s Motion to Dismiss Plaintiff’s First Amended Complaint. Having considered the submissions of the parties and heard oral argument, the court grants the motion and adopts the following Order. I. Background Beginning in March 2020, public health measures necessitated by the outbreak of the coronavirus pandemic had “devastating” effects on small businesses. First Amended Complaint (“FAC”) ¶ 12. In California alone, over 2.4 million people lost their jobs in March and April. In response, the federal government enacted the 28 Coronavirus Aid, Relief, And Economic Security (“CARES”) Act, 2 …