Swiss Devco v. U.S. Tool Grinding, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 SWISS DEVCO, a California corporation, Case No.: 20cv1310 JM(RBB)

Plaintiff,

ORDER ON MOTION TO DISMISS

v. U.S TOOL GRINDING, INC., a Missouri corporation, and DOES 1-10, 14 Defendants. 15 Presently before the court is a motion to dismiss filed by Defendant U.S. Tool Grinding, Inc., (“U.S. Tool”) pursuant to Federal Rules of Civil Procedure 12(b)(6). (Doc. No. 16.) The motion has been fully briefed and the court finds it suitable for submission on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). For the reasons set forth below, U.S. Tool’s motion is denied. I. BACKGROUND On May 29, 2020, Plaintiff Swiss Devco (“Swiss”) filed this lawsuit in San Diego County Superior Court asserting a claim for breach of contract. (Doc. No. 1-2 at 2-11.1) On July 10, 2020, U.S. Tool removed the action to this court pursuant to diversity jurisdiction. (Doc. No. 1.) 26 27 1 Document numbers and page references are to those…