Nature of Proceedings: Motion: Dismiss or Stay of Defendant XIGG LLC/Req for Judicial Notice

Tentative Ruling: The court grants defendant XIGG, LLC’s motion to dismiss or stay this action and orders the case dismissed, without prejudice to plaintiffs commencing an action or filing a cross-complaint in Deschutes County, Oregon.

Background: On August 28, 2015, plaintiffs Robert Phillips; B-Fly Apparel Group; Butterflies and Bikinis; and B-Fly Activewear, filed their complaint against defendant XIGG, LLC, dba Smart Solutions. (Although the complaint identifies four plaintiffs, plaintiffs allege that Butterflies and Bikinis and B-Fly Actionwear are dbas for B-Fly Apparel Group, a limited liability company. [Complaint ¶¶9, 10, 11])

Plaintiffs allege that defendant successfully wooed them into retaining Smart Solutions to provide website development, website services, SEO management, in-house Social Media, Expertise on Google Analytics, and Content Management. (Plaintiffs allege that they