Best Fresh, LLC v. Vantaggio Farming Corporation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BEST FRESH LLC, an Arizona LLC, ) Case No.: 3:21-cv-00131-BEN-WVG ) Plaintiff, ORDER DENYING PRODUCE PAY, )

INC.’S MOTION TO DISMISS FOR

v. ) FAILURE TO STATE A CLAIM ) VANTAGGIO FARMING ) CORPORATION, a California corporation; PRODUCE PAY, INC., a ) ) Delaware corporation, )

Defendants. ) [ECF No. 23] ) 17 I. INTRODUCTION Plaintiff Best Fresh, LLC (“Plaintiff”) brings this suit alleging several causes of action against Defendants Vantaggio Farming Corporation (“Vantaggio”) and Produce Pay, Inc., (“Produce Pay”) (collectively, “Defendants”) relating to the sale of produce. Before the Court is Produce Pay’s Motion to Dismiss, see ECF No. 23, which was submitted on the papers without oral argument pursuant to Civil Local Rule 7.1(d)(1) and Rule 78(b) of the Federal Rules of Civil Procedure. ECF No. 10. After considering the papers submitted, supporting documentation, and applicable law, the Court…