INTRODUCTION
Defendant D.D. Technology, Inc. (DD) moves to strike Paragraph 40 in the cause of action for conversion and the prayer for punitive damages.
FACTUAL ALLEGATIONS
This case arises from a contractual relationship between the parties. Plaintiff is “operated and managed” by “acting President” Gordon Grange. (Paragraph 4)
Defendant “is in the business of decoking/descaling in the pigging industry (essentially involves performing cleaning and maintenance work in oil refineries) . . .” (Paragraph 5)
“In or about 2000, Mr. Grange incorporated PLAINTIFF which subsequently
entered into a business relationship with DEFENDANT pursuant to which Mr. Grange, on behalf of PLAINTIFF, introduced DEFENDANT into the California market and generated business in exchange for compensation in the form of a seventeen percent (17%) commission. This arrangement continued for approximately eight years.” (Paragraph 7)
The formal agreement is Exhibit A to the complaint.
“The AGREEMENT was for a f
Hearing Date
July 14, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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INTRODUCTION
Defendant D.D. Technology, Inc. (DD) moves to strike Paragraph 40 in the cause of action for conversion and the prayer for punitive damages.
FACTUAL ALLEGATIONS
This case arises from a contractual relationship between the parties. Plaintiff is “operated and managed” by “acting President” Gordon Grange. (Paragraph 4)
Defendant “is in the business of decoking/descaling in the pigging industry (essentially involves performing cleaning and maintenance work in oil refineries) . . .” (Paragraph 5)
“In or about 2000, Mr. Grange incorporated PLAINTIFF which subsequently
entered into a business relationship with DEFENDANT pursuant to which Mr. Grange, on behalf of PLAINTIFF, introduced DEFENDANT into the California market and generated business in exchange for compensation in the form of a seventeen percent (17%) commission. This arrangement continued for approximately eight years.” (Paragraph 7)
The formal agreement is Exhibit A to the complaint.
“The AGREEMENT was for a f