Torrey Pines Logic, Inc. v. Gunwerks, LLC

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

11 TORREY PINES LOGIC, INC., Case No.: 19-cv-02195-H-DEB 12 Plaintiff, Counterdefendant,

ORDER DENYING PLAINTIFF’S

13 v. MOTION TO DISMISS BREACH OF CONTRACT COUNTERCLAIM

GUNWERKS, LLC,

Defendant, Counterclaimant. [Doc. No. 79.] 16 17 On October 5, 2020, Plaintiff and Counterdefendant Torrey Pines Logic, Inc. (“TPL”) filed a motion to dismiss Defendant and Counterclaimant Gunwerks, LLC (“Gunwerks”)’s breach of contract counterclaim for lack of subject matter jurisdiction and for failure to state a claim. (Doc. Nos. 78, 79.) On October 19, 2020, Gunwerks filed a response in opposition to TPL’s motion to dismiss. (Doc. No. 82.) On October 26, 2020, TPL filed a reply. (Doc. Nos. 89, 91.) On October 26, 2020, the Court took the matter under submission. (Doc. No. 85.) For the reasons below, the Court denies TPL’s motion to dismiss the breach of contract counterclaim. BACKGROUND The …