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 IN PART AND

Plaintiff, DENYING IN PART DEFENDANT’S v. MOTION TO DISMISS

ASHLEY FURNITURE INDUSTRIES,

[Dkt. No. 21.] INC., a Wisconsin Corporation; and DOES 1 through 50, inclusive, Defendant. 18 Before the Court is Defendant’s motion to dismiss the first amended complaint pursuant to Federal Rule of Civil Procedure 9(b) and 12(b)(6). (Dkt. No. 21.) Plaintiff filed an opposition. (Dkt. No. 24.) Defendant replied. (Dkt. No. 26.) Based on the reasoning below, the Court GRANTS in part and DENIES in part Defendant’s motion to dismiss the first amended complaint. Background On September 9, 2020, Plaintiff Jerome’s Furniture Warehouse (“Plaintiff”or “Jerome’s”) filed a complaint against its competitor Defendant Ashley…