Super Micro Computer, Inc. v. R Associates, Inc.

BACKGROUND

15 In its complaint, Plaintiff alleges that it is a leading provider of server and storage products 16 and that Defendant R. Associates, Inc. is a provider of technology products. (Dkt. No. 1 (Compl.), 17 ¶¶ 8, 9.) Plaintiff alleges that beginning in 2018, Defendant ordered equipment from Plaintiff. 18 Plaintiff provided Defendant with the equipment ordered, but Defendant failed to pay for it. (Id., 19 ¶¶ 10, 11.) As a result, Plaintiff alleges that Defendant owes Plaintiff $215,655.85. (Id., ¶ 12.) 20 Plaintiff asserted a claim for breach of contract, account stated, open book account, and quantum 21 valebant based on these allegations. (Dkt. No. 1.) 22 Plaintiff alleges that the terms of Defendant’s purchases are governed by Plaintiff’s 23 standard terms and conditions. (Id., ¶ 10.) The terms and conditions state that Defendant, as a 24 buyer, consented to the exclusive jurisdiction of state and federal courts in Santa Clara County, 25 California. (Id., Ex. A.) 26 Plaintiff submits a declaration from Kenneth Cheung (“Cheung”), Plaintiff’s Vice 27 between September 14 and October 12, 2018, Defendant issued four purchase orders for equipment from…