Tentative Ruling on Seraph Discovery Motion

Amavara v. Duba, Case No. 2020-01934

Nov. 6, 2020, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This is a breach of fiduciary duty case involving a company (plaintiff Amavara) which "manufactures and distributes a line of FDA-approved water- and sweat-resistant military grade camouflage face paint and sunscreen products." Defendants Norris and Duba are the former CEO and president, respectively, of Amavara. Defendant Van Buskirk is a former Amavara employee. Norris and Van Buskirk are Amavara shareholders. Defendants are accused of a wide range of self-dealing and other misconduct detrimental to Amavara.

The complaint was filed in January 2020. Only Duba was named as a defendant. Amavara then changed counsel, and the FAC was filed in February. ROA 9, 13. The FAC added claims and defendants.

The case has been on the court's ex parte and law and motion calendars several times. Those are outlined in part 1 of the court's order o