[TENTATIVE] RULING:
The court GRANTS Defendants’ motion and VACATES the default entered against Defendants Dura Bell Ceramics, Inc. and Verona Quartz, Inc. The court accepts Defendants’ filed Answer as their Answer in this case. Plaintiff’s request for entry of default judgment and Motion to Strike the Answer that are set for hearing on January 14, 2021 are MOOT.
Defendants are instructed to give notice.
Background
Plaintiff Owen Trade Company, Ltd. (“Owen” or “Plaintiff”) alleges that defendants Dura Bell Ceramics, Inc. (“Dura Bell”) and Verona Quartz, Inc. (“Verona”) (collectively “Defendants”) breached the terms of a written contract, by which they jointly agreed to purchase a total of 27 containers of artificial slab from Plaintiff for $1,044,072.96. Compl. 1st COA ¶ BC-1. Defendants have allegedly only paid $360,000, leaving a balance of $684,072.96 that remains unpaid. Id. ¶ BC-2.
Plaintiff filed the Complaint on March 13, 2020, asserting two causes of action for breach of c
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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[TENTATIVE] RULING:
The court GRANTS Defendants’ motion and VACATES the default entered against Defendants Dura Bell Ceramics, Inc. and Verona Quartz, Inc. The court accepts Defendants’ filed Answer as their Answer in this case. Plaintiff’s request for entry of default judgment and Motion to Strike the Answer that are set for hearing on January 14, 2021 are MOOT.
Defendants are instructed to give notice.
Background
Plaintiff Owen Trade Company, Ltd. (“Owen” or “Plaintiff”) alleges that defendants Dura Bell Ceramics, Inc. (“Dura Bell”) and Verona Quartz, Inc. (“Verona”) (collectively “Defendants”) breached the terms of a written contract, by which they jointly agreed to purchase a total of 27 containers of artificial slab from Plaintiff for $1,044,072.96. Compl. 1st COA ¶ BC-1. Defendants have allegedly only paid $360,000, leaving a balance of $684,072.96 that remains unpaid. Id. ¶ BC-2.
Plaintiff filed the Complaint on March 13, 2020, asserting two causes of action for breach of c