Lit'l Pepper Gourmet, Inc. v. Airgas USA, LLC

UNITED STATES DISTRICT COURT

8 SOUTHERN DISTRICT OF CALIFORNIA

10 LIT’L PEPPER GOURMET, INC., CASE NO. 19cv837-LAB (AGS) Plaintiff,

ORDER GRANTING DEFENDANT’S

vs. MOTION TO DISMISS [Dkt. 16]

AIRGAS USA, LLC, Defendant.

Currently before the Court is Defendant Airgas USA’s Motion to Dismiss. Dkt. 16. For the reasons below, that motion is GRANTED. BACKGROUND Defendant Airgas USA, LLC (“Airgas”) is a Delaware corporation, headquartered in Pennsylvania, that manufactures and distributes commercial gas cannisters nationwide. First Am. Compl. (“FAC”) at ¶¶ 8-9. For at least the past four years, Airgas has charged its customers, including Plaintiff Lit’l Pepper Gourmet, Inc. (“Lit’l Pepper”), a “Fuel Surcharge,” which it lists on every invoice and delivery receipt. Id. at ¶¶ 16, 21. Lit’l Pepper filed this complaint on behalf of itself and all other California Airgas customers, alleging that Airgas’s decision to impose these fuel surcharges constitutes breach of contract and a…