Andy's BP v. Shirazi CA6

I. Statement of the Case

In January 2010, appellant filed a first amended complaint for damages and injunctive relief.1 Appellant alleged that respondents sold gas at below cost from April 1, 2005 to April 1, 2008. Appellant alleged causes of action for unfair trade practices, unlawful sales of loss leaders, unlawful competition, unfair competition, interference with prospective business advantage, and conspiracy to defraud. A month later, respondents filed an answer in which they asserted: (1) the first amended complaint failed to state sufficient facts to constitute any cause of action, (2) each cause of action was barred by the statute of limitations, (3) appellant had unclean hands and was not entitled to equitable relief, (4) appellant failed to mitigate damages, and (5) damages were offset by damages sustained by each defendant as alleged in their cross-complaint. In June 2010, respondents filed a first amended cross-complaint for damages and injunctive relief against appellant, Andy Saberi, and Thomas Saberi. Respondents alleged causes of action for unfair trade practices and interference with prospective business advantage. Respondents alleged appellant, Andy Saberi, and…