Background
Plaintiff KC Exclusive, Inc. (“Plaintiff”) brings this action against Defendants Seung Yong Paek (“Paek”), et al. (collectively “Defendants”), alleging that Plaintiff has suffered decrease in sales because Defendants interfered with its business by featuring similarly designed clothes and advertisements.
On August 1, 2019, Plaintiff filed a Complaint, and on November 25, 2019, the First Amended Complaint (“FAC”) against Defendants for damages, restitution and injunctive reliefs based on the following causes of action:
(1) False Advertising under Bus. & Prof. Code § 17500;
(2) Intentional Interference with Prospective Business Advantage;
(3) Unfair Competition under Bus. & Prof. Code § 17200; and
(4) Civil Conspiracy.
On December 24, 2019, Defendants Paek, PSY Apparel, and Iliad USA, Inc. filed the instant Demurrer to the FAC.
The Court considered the moving and opposition papers, and rules as follows.
Demurrer Standard:
A demurrer tests the sufficiency of the plead
Hearing Date
June 23, 2020
Type
Other Commercial/Business Tort (not fraud/ breach of contract) (General Jurisdiction)
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Background
Plaintiff KC Exclusive, Inc. (“Plaintiff”) brings this action against Defendants Seung Yong Paek (“Paek”), et al. (collectively “Defendants”), alleging that Plaintiff has suffered decrease in sales because Defendants interfered with its business by featuring similarly designed clothes and advertisements.
On August 1, 2019, Plaintiff filed a Complaint, and on November 25, 2019, the First Amended Complaint (“FAC”) against Defendants for damages, restitution and injunctive reliefs based on the following causes of action:
(1) False Advertising under Bus. & Prof. Code § 17500;
(2) Intentional Interference with Prospective Business Advantage;
(3) Unfair Competition under Bus. & Prof. Code § 17200; and
(4) Civil Conspiracy.
On December 24, 2019, Defendants Paek, PSY Apparel, and Iliad USA, Inc. filed the instant Demurrer to the FAC.
The Court considered the moving and opposition papers, and rules as follows.
Demurrer Standard:
A demurrer tests the sufficiency of the plead