Excelsior Nutrition v Musclepharm Corp.

Motion to Strike

Calendar: 01

Case No.: 19BBCV00230

Hearing Date: March 06, 2020

Action Filed: March 18, 2019

Trial Date: September 21, 2020


Defendant MusclePharm Corporation


Plaintiff Excelsior Nutrition, Inc.


The instant action arises from an alleged business agreement between Plaintiff Excelsior Nutrition, Inc. (“Plaintiff”) and Defendant MusclePharm Corporation (“Defendant”) whereby Plaintiff agreed to supply certain goods to Defendant in exchange for payment upon delivery.

The Complaint was filed by Plaintiff on March 18, 2019, the First Amended Complaint (“FAC”) was filed on May 13, 2019, and the operative Second Amended Complaint (“SAC”) was filed on January 13, 2020. The SAC alleges four causes of action sounding in (1) Breach of Ora........