Broadstone Land, LLC v. Charming Charlie Markets, Inc.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BROADSTONE LAND, LLC, a No. 2:22-cv-01091-JAM-AC California limited liability 12 company, 13 Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION TO DISMISS

14 v. 15 CHARMING CHARLIE MARKETS, INC., a Delaware corporation, 16 and DOES 1-10, inclusive, 17 Defendants. 18 19 Charming Charlie Markets Inc. (“Defendant”) seeks to dismiss 20 Broadstone Land, LLC’s (“Plaintiff”) fraudulent promise claim for 21 failure to state a claim for which relief may be granted under 22 Federal Rule of Civil Procedure 12(b)(6). See Mot. to Dismiss 23 (“Mot.”), ECF No. 16. Plaintiff opposes the motion.1 See Opp’n, 24 ECF No. 19. Defendant replied. See Reply, ECF No. 20. For the

25 1 The Court declines Defendant’s request to strike Plaintiff’s untimely opposition briefing. Reply at 2. Though an untimely 26 opposition may “be construed by the Court as a non-opposition to 27 the motion” under Local Rule 230, the Court in its discretion shall consider the opposition on its merits. E.D. Cal. 28 L.R. 230(c). 1…