Pebble Beach Investment Group, LLC v. Square One Starts, LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

PEBBLE BEACH INVESTMENT Case No. 21-cv-00522-VC

GROUP, LLC,

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS

SQUARE ONE STARTS, LLC, Re: Dkt. No. 25 Defendant.

Square One’s motion to dismiss is granted as to all claims except the breach of contract claim. Although it seems highly unlikely that Pebble Beach will ever be able to state a claim for negligence or breach of fiduciary duty, leave to amend will be granted in an abundance of caution. 1. Misrepresentation and Unfair Competition claims. Pebble Beach has failed to adequately plead a negligent misrepresentation claim, intentional misrepresentation claim, or unfair competition claim (which is premised on the misrepresentation claims). For a statement to be an actionable misrepresentation, it must make a specific and measurable claim capable of being proved false or of being reasonably interpreted as an objective fact. See Patt v. Antech Diagnostics, Inc., 2019 WL 6654078, at *6 (C.D. Cal. July 30, 2019). General, vague, or subjective statements, including nondescript claims of…