tsann kuen (zhangzhou) enterprise co., ltd. vs. mtn products, inc. , et al., BC641882, JULY 12, 2017
[Tentative] Order RE: DEFENDANTS MTN PRODUCTS, INC. AND GREGORY SPEAR’S DEMURRER TO COMPLAINT AND REQUST FOR JUDICIAL NOTICE
Defendant’s Demurrer to the Complaint is SUSTAINED with leave to amend as to all causes of action except the fifth.
Background
Plaintiff Tsann Kuen (Zhangzhou) Enterprise Co., Ltd (“Plaintiff”) filed this action on November 23, 2016, against Defendants MTN Products, Inc. (“MTN”), Water Solutions (Hong Kong) Ltd. (“Water Solutions”), DS Services of America, Inc., and Gregory Spear (“Spear”). The claims arise from alleged breaches of a series of agreements between the parties for the development, manufacture, and sale of coffee brewing machines. Plaintiff alleges Defendants accepted the coffee brewing machines for further distribution, but failed to pay for shipments of the machines. The Complaint asserts causes of action for: (1) breach of contract, (2) account
Hearing Date
July 12, 2017
Type
Othr Breach Contr/Warr-not Fraud (General Jurisdiction)
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tsann kuen (zhangzhou) enterprise co., ltd. vs. mtn products, inc. , et al., BC641882, JULY 12, 2017
[Tentative] Order RE: DEFENDANTS MTN PRODUCTS, INC. AND GREGORY SPEAR’S DEMURRER TO COMPLAINT AND REQUST FOR JUDICIAL NOTICE
Defendant’s Demurrer to the Complaint is SUSTAINED with leave to amend as to all causes of action except the fifth.
Background
Plaintiff Tsann Kuen (Zhangzhou) Enterprise Co., Ltd (“Plaintiff”) filed this action on November 23, 2016, against Defendants MTN Products, Inc. (“MTN”), Water Solutions (Hong Kong) Ltd. (“Water Solutions”), DS Services of America, Inc., and Gregory Spear (“Spear”). The claims arise from alleged breaches of a series of agreements between the parties for the development, manufacture, and sale of coffee brewing machines. Plaintiff alleges Defendants accepted the coffee brewing machines for further distribution, but failed to pay for shipments of the machines. The Complaint asserts causes of action for: (1) breach of contract, (2) account