Facts

Joseph Ebin and Yeruchum Jenkins, on behalf of themselves and those similarly situated, filed a lawsuit against Kangadis Family Management LLC, Aristidis Kangadis, Andromahi Kangadis and Themis Kangadis.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that they purchased defendant's Capatriti olive oil that was labeled as containing 100 percent pure olive oil. Plaintiffs further alleged that the Capatriti olive oil does not contain 100 percent pure olive oil, but instead contains olive-pomace oil. Plaintiffs argued they paid more than they would have based on the representation that the product contained 100 percent pure olive oil.

DEFENDANTS' CONTENTIONS:
Defendants argued that the only remaining claims against them were derivative claims under veil-piercing and alter ego theories and plaintiffs failed to produce sufficient evidence to hold defendants derivatively liable for the unknown liability of Kangadis Food Inc., which sold the Capatriti olive oil product. Defendants contended that plaintiffs failed to show evidence that defendants had exercised domination over Kangadis Food Inc.

Result

The court granted defendants' motion for summary judgment, finding that plaintiffs failed to prove that defendants used its alleged domination of Kangadis Food Inc. in order to accomplish the alleged fraud.