UCP Biosciences, Inc. v. American Screening LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 UCP BIOSCIENCES, INC., Case No. 20-cv-0886-NC 11 Plaintiff, ORDER GRANTING DEFENDANTS’ MOTION TO v. DISMISS WITH LEAVE TO AMEND AMERICAN SCREENING, LLC, et al., Re: Dkt. No. 24 Defendants. 15 16 Before the Court is defendants American Screening, LLC, Biostat Laboratories, Kilgarlin Holdings LLC, Ronald Kilgarlin, Shawn Kilgarlin, and Bradley Herriage’s motion to dismiss plaintiff UCP Biosciences, Inc.’s second through eighth claims. See Dkt. No. 24. Defendants contend that UCP’s lawsuit is nothing more than a contract dispute and, therefore, UCP’s fraud-based claims must be dismissed. The Court concludes that UCP fails to establish the requisite intent to defraud and therefore GRANTS Defendants’ motion to dismiss with leave to amend. Because no claims remain against Biostat, Kilgarlin Holdings, and the individual defendants, the…