Somersault Snack Co, LLC v. Baptista Bakery, Inc.

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 SOMERSAULT SNACK CO, LLC, Case No. 19-cv-03131-DMR

6 Plaintiff, ORDER ON DEFENDANT'S MOTION 7 v. TO DISMISS

8 BAPTISTA BAKERY, INC., Re: Dkt. No. 16 9 Defendant.

10 Plaintiff Somersault Snack Co, LLC (“Somersault”) filed this action on June 5, 2019, 11 alleging a breach of contract claim against Defendant Baptista Bakery, Inc. (“Baptista”). [Docket 12 No. 1.] Baptista now moves to dismiss Somersault’s complaint pursuant to Federal Rule of Civil 13 Procedure 12(b)(6). [Docket Nos. 16 (“Mot.”), 20 (“Reply”).] Somersault timely opposed. [Docket 14 No 19 (“Opp.”).] The court held a hearing on September 17, 2019. 15 Having considered the parties’ submissions and oral arguments, the court grants in part and 16 denies in part the motion to dismiss. 17 I. BACKGROUND The following facts come from the complaint. Somersault sells all-natural snacks in 18 numerous states, including California. Compl. ¶ 8. It entered into a contract with Baptista, effective…