Convergent Mobile, Inc. v. JTH Tax, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CONVERGENT MOBILE, INC., Case No. 4:19-cv-06484-YGR

8 Plaintiff, ORDER: (1) GRANTING IN PART AND v.

DENYING IN PART MOTION TO DISMISS;

9

(2) DENYING MOTION TO STRIKE; AND 10 JTH TAX, INC. DBA LIBERTY TAX SERVICE, ( C3 O) NS FE ET RT EIN NG C EC ASE MANAGEMENT Defendant. 11 Dkt. Nos. 6, 7 12

The Court is in receipt of defendant JTH Tax, Inc. dba Liberty Tax Service’s (“JTH”) 13 motion to dismiss and motion to strike. (Dkt. Nos. 6 and 7.) For the reasons set forth below: the 14 15 motion to dismiss is DENIED as to claims for breach of contract and for breach of the covenant of 16 good faith and fair dealing, and GRANTED as to the claim for promissory estoppel; and the motion 17 to strike is DENIED. The standards with respect to these motions are well-known and are not in dispute. 18

I. MOTION TO DISMISS

19 The complaint alleges three causes of action: Breach of Contract (First Cause of Action), 20 Promissory Estoppel (Second Cause of Action), and Breach of the Covenant of Good Faith and 21 Fair Dealing (Third…