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
MP:
Defendant MusclePharm Corporation
RP:
Plaintiff Excelsior Nutrition, Inc.
ALLEGATIONS:
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 Oral Contract, (2) Account Stated, (3) Open Book Account, and (4) Goods and Services Rendered. Plaintiff is seeking $14,000,000.00 on the Frist Cause of Action and $6,153,591.03
Hearing Date
March 06, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
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
MP:
Defendant MusclePharm Corporation
RP:
Plaintiff Excelsior Nutrition, Inc.
ALLEGATIONS:
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 Oral Contract, (2) Account Stated, (3) Open Book Account, and (4) Goods and Services Rendered. Plaintiff is seeking $14,000,000.00 on the Frist Cause of Action and $6,153,591.03