Ovation Toys Co. Ltd. v. Only Hearts Club, OHC Group LLC, Len Simonian
Published: Jun. 27, 2015 | Result Date: Mar. 9, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-01711-R-MAN Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Michael M. Baranov
(Baranov & Wittenberg LLP)
Defendant
Laith D. Mosely
(Raines Feldman LLP)
Robert M. Shore
(Raines Feldman LLP)
Miles J. Feldman
(Raines Feldman LLP)
Facts
Ovation Toys Co. Ltd. sued Only Hearts Club, OHC Group LLC and Len Simonian relating to an alleged breach of contract.
Contentions
PLAINTIFF'S CONTENTIONS:
Toy factory Ovation Toys Co. Ltd. contended that it entered into several written contracts to produce toys for Only Hearts Club and OHC Group LLC but that OHC failed to pay Ovation for toy molds it produced. It sued OHC and its principal/officer/director/manager/owner/member Len Simonian for breach of contract, fraud and deceit, conversion, and unjust enrichment.
DEFENDANTS' CONTENTIONS:
Defendants contended that the case should be dismissed for failure to state a claim and failure to plead fraud with particularity.
Result
The court granted defendants' motion to dismiss with prejudice.
Other Information
Plaintiff has filed an appeal to the Ninth Circuit Court of Appeals seeking reversal of the trial court's decision. Plaintiff's motion for reconsideration was denied by the district court.
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