Spice Jazz LLC v. Youngevity International, Inc.

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 COUNTERCLAIM

v. [ECF No. 39]

YOUNGEVITY INTERNATIONAL, INC. et al., 15 Defendants. 16

Presently before the Court is Plaintiff Spice Jazz LLC’s Motion to Dismiss Counterclaim. (“Mot.,” ECF No. 29.) Defendant Youngevity International, Inc. filed an opposition to the Motion, (“Opp’n,” ECF No. 45), to which Spice Jazz replied, (“Reply,” ECF No. 58). The Court finds resolution of this matter is suitable without the need for oral argument. See Civ. L.R. 7.1(d)(1). For the reasons discussed below, the Court GRANTS the Motion. I. FACTUAL ALLEGATIONS Plaintiff Spice Jazz sold culinary recipes and spices to customers using a multi- level marketing (“MLM”) sales force composed of individual sales representatives. (Second Amended Complaint, “SAC,” ECF No. 20, ¶ 2.) Sales force members were recipes, and…