Javo Beverage Co., Inc. v. California Extraction Ventures, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 JAVO BEVERAGE CO., INC., Case No.: 19-CV-1859-CAB-WVG

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

CALIFORNIA EXTRACTION [Doc. Nos. 7, 25]

VENTURES, INC. AND STEPHEN

COREY,

15 Defendants. 16 This matter comes before the Court on Defendants California Extraction Ventures, Inc.’s (“CEV”) and Stephen Corey’s (collectively “Defendants”) motion to dismiss. [Doc. No. 7.] The motion has been fully briefed and the Court finds it suitable for determination on the papers submitted. See S.D. Cal. CivLR 7.1(d)(1). Defendants’ request for oral argument [Doc. No. 25] is therefore denied. For the reasons set forth below, Defendants’ motion to dismiss is denied. I. BACKGROUND1 Since 1993, Plaintiff Javo Beverage Co., Inc. (“Javo”) has been engaged in the business of coffee, tea, and botanical extracts, ingredients, and flavor systems, which are

27 1 The Court is not making any findings of fact, but rather summarizing the…