Jerome's Furniture Warehouse v. Ashley Furniture Industries, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JEROME’S FURNITURE Case No.: 20CV1765-GPC(BGS) WAREHOUSE, a California Corporation,

ORDER GRANTING DEFENDANT’S

Plaintiff, MOTION TO DISMISS WITH v. LEAVE TO AMEND

ASHLEY FURNITURE INDUSTRIES,

[Dkt. No. 15.] INC., a Wisconsin Corporation; and DOES 1 through 50, inclusive, Defendant. 18 Before the Court is Defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure 9(b) and 12(b)(6). (Dkt. No. 15.) Plaintiff filed an opposition. (Dkt. No. 17.) Defendant replied. (Dkt. No. 18.) Based on the reasoning below, the Court GRANTS Defendant’s motion to dismiss with leave to amend. Background On September 9, 2020, Plaintiff Jerome’s Furniture Warehouse (“Plaintiff”) filed a complaint against its competitor Defendant Ashley Furniture Industries, Inc. (“Defendant”) for 1) false advertising arising under the…