Spice Jazz LLC v. Youngevity International, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
10 SPICE JAZZ LLC, Case No. 19-cv-583-BAS-WVG 11 Plaintiff, ORDER GRANTING MOTION TO DISMISS
v. [ECF No. 46]
YOUNGEVITY INTERNATIONAL, INC. et al., 15 Defendants. 16
Presently before the Court is a Motion by Defendant Bianca Reyne Djafar- Zade to dismiss Plaintiff Spice Jazz LLC’s claims against her. (“Mot.,” ECF No. 46.) Spice Jazz filed an opposition to the Motion, (“Opp’n,” ECF No. 46),1 to which 21 22 1 Djafar-Zade attached a declaration to her Motion (ECF No. 46-2) and Spice Jazz asks the Court to consider a declaration it submitted on the docket previously, (Opp’n at 5 (citing ECF No. 29-4). As a general rule, “a district court may not consider any material beyond the pleadings in ruling on 24 a Rule 12(b)(6) motion.” Branch v. Tunnell, 14 F.3d 449, 453 (9th Cir. 1994) (citation omitted). There are two exceptions to this. Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001). First, the court may consider “material…