SUBJECT: Demurrer to first amended complaint; motion to strike

Moving Party: Defendant Patrick Horwath and Timothy Horwath; defendant S&H Packing & Sales Co. Inc. (“defendants”)

Resp. Party: Plaintiff Daniel Horwath


Defendants’ demurrer to the seventh cause of action is SUSTAINED. Defendants’ motion to strike is DENIED.


BACKGROUND:

Plaintiff commenced this action on 4/28/16. Plaintiff filed a first amended complaint on 6/30/16 against defendants for: (1) breach of fiduciary duty; (2) conversion; (3) negligence; (4) accounting; (5) removal of directors; (6) declaratory relief; (7) indemnity; (8) failure to pay wages; (9) retaliation; and (10) wrongful termination. The action pertains to disputes between the Horwath parties regarding S&H Packing & Sales Co. Inc., a corporation of which the Horwath parties are shareholders.

ANALYSIS:

Demurrer

Defendants demur to the seventh cause of action in the FAC on the ground that it fails to allege sufficient facts.

Equitable indem