Broadstone Land, LLC v. Charming Charlie Markets, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BROADSTONE LAND, LLC, a No. 2:22-cv-01091-JAM-AC California limited liability company, Plaintiff, ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS
v. CHARMING CHARLIE MARKETS, INC., a Delaware corporation, and DOES 1-10, inclusive, Defendants. 18 Charming Charlie Markets Inc. (“Defendant”) seeks to dismiss Broadstone Land, LLC’s (“Plaintiff”) fraudulent promise claim for failure to state a claim for which relief may be granted under Federal Rule of Civil Procedure 12(b)(6). See Mot. to Dismiss (“Mot.”), ECF No. 16. Plaintiff opposes the motion. See Opp’n, 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 the motion” under Local Rule 230, the Court in its discretion shall consider the opposition on its merits. E.D. Cal. L.R. 230(c). 1…