"The Court’s prior order dismissed WSGI’s breach of fiduciary duty claim because it failed to allege facts sufficient to show that, in this arms-length business deal, La Jolla assumed the mantle of a fiduciary for WSGI and intended to act primarily for WSGI’s benefit. Dkt. No. 36 at 4. The amended complaint again fails to plead facts indicating that the relationship between WSGI and La Jolla was anything other than a garden-variety contract with no special duties or obligations attendant to it."
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