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
Hearing Date
September 30, 2016
Type
Other Commercial/Business Tort (General Jurisdiction)
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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