Good Times Restaurants, LLC v. Shindig Hospitality Group, LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GOOD TIMES Case No. 21-cv-07688-AGT

RESTAURANTS, LLC,

Plaintiff, ORDER ON MOTIONS TO

DISMISS AND TO STRIKE

v. Re: Dkt. Nos. 60,

SHINDIG HOSPITALITY

GROUP, LLC,

Defendant.

Good Times Restaurants, LLC, and the third-party defendants have moved to dismiss some of Shindig Hospitality Group’s counterclaims and third-party claims and to strike one of Shindig’s requests for relief. Both motions will be denied.

I. MOTION TO DISMISS

The Court takes the well-pleaded factual allegations in the complaint as true, construes them in the light most favorable to the nonmoving party, and evaluates whether they state a plausible claim for relief. See Fort v. Washington, 41 F.4th 1141, 1144 (9th Cir. 2022). The Court treats the written instruments attached to the com- plaint, see dkts. 59-1, 59-2, 59-3, as “part of the pleading.” Fed. R. Civ. P. 10(c). A. Claim Under California’s Franchise Investment Law Good Times and third-party defendant Vikram Bhambri first move to dismiss Shindig’s claim under California’s Franchise Investment Law (CFIL), Cal. Corp. Code §§ 31000–31516. They argue that the…