gottfried institute, Plaintiff, v. YOUBAR, INC., Defendant.
Case No.: EC067527
Hearing Date: February 23, 2018
[TENTATIVE] order RE:
demurrer to complaint; motion to strike
BACKGROUND
In this action, Plaintiff Gottfried Institute (“Plaintiff”) alleges that Defendant YouBar, Inc. (“Defendant”) breached the Wholesale Client Manufacturing Agreement that the parties entered into on May 2, 2017. (Compl., ¶2, Ex. 1.) Pursuant to the agreement, Defendant allegedly agreed to manufacture and provide conforming health bar products at Plaintiff’s specifications. On June 12, 2017, Defendant learned its products contained potentially life-threatening contamination of listeria monocytogenes, and thus recalled about 25,000 nutrition bars. (Id., ¶3.) Plaintiff alleges it complied with the recall and sought compensation from Defendant pursuant to the indemnity provision, but Defendant refused to comply with its obligations and compensate Plaintiff for its losses.
The complaint, filed October 27,
Type
Breach Contract/Warnty-Negligence (General Jurisdiction)
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gottfried institute, Plaintiff, v. YOUBAR, INC., Defendant.
Case No.: EC067527
Hearing Date: February 23, 2018
[TENTATIVE] order RE:
demurrer to complaint; motion to strike
BACKGROUND
In this action, Plaintiff Gottfried Institute (“Plaintiff”) alleges that Defendant YouBar, Inc. (“Defendant”) breached the Wholesale Client Manufacturing Agreement that the parties entered into on May 2, 2017. (Compl., ¶2, Ex. 1.) Pursuant to the agreement, Defendant allegedly agreed to manufacture and provide conforming health bar products at Plaintiff’s specifications. On June 12, 2017, Defendant learned its products contained potentially life-threatening contamination of listeria monocytogenes, and thus recalled about 25,000 nutrition bars. (Id., ¶3.) Plaintiff alleges it complied with the recall and sought compensation from Defendant pursuant to the indemnity provision, but Defendant refused to comply with its obligations and compensate Plaintiff for its losses.
The complaint, filed October 27,