Choon's Design, LLC v. ContextLogic, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHOON'S DESIGN, LLC, Case No. 19-cv-05300-HSG

Plaintiff, ORDER ON MOTION TO DISMISS v. Re: Dkt. No.

CONTEXTLOGIC INC., Defendant.

12 Pending before the Court is Defendant ContextLogic Inc. d/b/a Wish’s (“Defendant” or “Wish”) motion to dismiss Plaintiff Choon’s Design, LLC’s (“Plaintiff”) First Amended Complaint (“FAC,” Dkt. No. 32). See Dkt. No. 40 (“Motion”). For the reasons discussed below, the Court GRANTS the motion to dismiss with leave to amend. I. BACKGROUND Plaintiff characterizes Wish as a “bargain hunting retail website and smartphone shopping application,” with 94 percent of its merchants based in China. See FAC ¶¶ 18–19. Plaintiff alleges that Defendant is not a passive platform where third parties may sell products, and claims that Defendant imports, ships, and warehouses many of the products in its marketplace. Id. ¶ 54. According to the FAC, Defendant also has a financial…