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Contracts
Breach of Contract
Breach of Implied in Fact Contract

Indigo Group USA v. Truman Park, Majesty & Royalty Inc., and Does 1 to 100, inclusive

Published: Dec. 17, 2016 | Result Date: Nov. 18, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC598575 Demurrer –  Defense

Court

L.A. Superior Central


Attorneys

Petitioner

Mitchell M. Tsai
(Mitchell M. Tsai Attorney at Law)


Defendant

Jason J. Kim
(Hunton, Andrews & Kurth LLP)

Diana Cho

John Y. Kim

Jason T. Yoon
(Law Offices of Kim Au & Associates APC)

Roland J. Brumbaugh


Facts

Indigo Group USA sued Truman Park and Majesty & Royalty Inc., in connection with allegedly unpaid goods.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff allegedly sold defendants $719,733 of denim apparel, but defendants had only paid approximately $4,450. Plaintiff asserted causes of action for breach of contract, breach of implied in fact contract, and goods and services rendered. Plaintiff contended that defendant Majesty was defendant Park's alter ego.

DEFENDANTS' CONTENTIONS:
Defendants demurred, challenging the sufficiency of plaintiff's allegations. The complaint allegedly does not state facts sufficient to constitute a cause of action.

Damages

Indigo Group sought no less than $715,733 in damages plus interest, attorney fees and costs.

Result

The court sustained the demurrer.


#85012

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