Tunick

Tunick v. Takara Sake USA Inc.

Good Law
United States District Court, Northern District of CaliforniaJune 12, 20233:23-cv-00572California5,890 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 COLBY TUNICK, Case No. 23-cv-00572-TSH

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART: MOTION TO

DISMISS

TAKARA SAKE USA INC., Re: Dkt. No. 20 Defendant.

12 I. INTRODUCTION Pending before the Court is Defendant Takara Sake USA Inc’s (“Takara”) Motion to Dismiss pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). ECF No. 20. Plaintiff Tunick filed an Opposition (ECF No. 25) and Defendant filed a Reply (ECF No. 26). The Court finds this matter suitable for disposition without oral argument and VACATES the June 15, 2023 hearing. See Civ. L.R. 7-1(b). For the reasons stated below, the Court GRANTS IN PART AND DENIES IN PART the motion.1 II. BACKGROUND Plaintiff is a citizen of California and currently resides in San Diego, California. ECF No. 18 ¶ 15. Defendant Takara is a corporation with its principal place of business in Berkeley,…

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