tsann kuen (zhangzhou) enterprise co., ltd. vs. mtn products, inc. , et al., BC641882, AUGUST 3, 2018

[Tentative] Order RE: DEFENDANTS’ DEMURRER TO SECOND AMENDED COMPLAINT

Defendants WATER SOLUTIONS and MTN PRODUCTS, INC.’s Demurrer to Second Amended Complaint is SUSTAINED WITH LEAVE TO AMEND.

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 operative Second Amended Complaint (“SAC”) assert........