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17-3074 - Pierry, Inc. v. Thirty-One Gifts, LLC

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17-3074 - Pierry, Inc. v. Thirty-One Gifts, LLC
September 25, 2017
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ORDER by Judge Maria-Elena James granting 7 Motion to Dismiss; granting in part and denying in part 15 Motion to Dismiss. Amended Pleadings due by 10/16/2017. (mejlc3, COURT STAFF) (Filed on 9/25/2017)
April 5, 2018
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ORDER: GRANTING 53 Defendant's Motion to Dismiss and GRANTING IN PART AND DENYING IN PART 56 Plaintiff's Motion to Dismiss. The court grants Thirty-One Gifts' motion to dismiss, grants Pierry's motion to dismiss the UCL claim, and otherwise denies Pierry's motion. Given the earlier trial judge's dismissal with leave to amend, the court's dismissals are without leave to amend. That means that the claims going forward are as follows. Pierry's claims: (1) breach of contract and (3) declaratory relief. Thirty-One Gifts' counterclaims: (1) breach of contract; (2) declaratory judgment; (3) violation of California's Computer Data Access and Fraud Act, Cal. Pen. Code ยง 502; (4) conversion; and (5) intentional interference with prospective economic advantage. Signed by Judge Laurel Beeler on April 5, 2018. (lblc3S, COURT STAFF) (Filed on 4/5/2018)