General Produce Co., Ltd. v. Geiger's Long Valley Market, LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GENERAL PRODUCE DISTRIBUTION Case No. 23-cv-01794-VC

CO., LLC,

Plaintiff, ORDER DENYING MOTION TO

DISMISS

v. Re: Dkt. No. 35 GEIGER'S LONG VALLEY MARKET, LLC, et al., Defendants.

The motion to dismiss is denied. This ruling assumes the reader is familiar with the facts, the applicable legal standard, and the arguments made by the parties. I The amended complaint makes it clear that there is a single plaintiff in this case: General Produce Distribution Company, a Delaware LLC. That entity had been a California partnership, General Produce Company, until April 14, 2023, when it was converted into its current form. The defendants contend that this conversion renders the complaint defective in a variety of ways, but they are wrong. First, the defendants contend the plaintiff lacks standing because it was the predecessor entity that was “injured” by delivering food and not being paid. But if the plaintiff is entitled to be paid as a trust beneficiary, then it is currently being injured by defendants’ withholding the money it is due. The defendants also fault the complaint for failing to allege an…