Sammons & Sons v. Ladd-Fab, Inc.

Plaintiff Sammons & Sons appeals from a judgment dismissing its action against defendant Ladd-Fab, Inc., after defendant’s demurrer to plaintiff’s “Complaint for Money Damages, Accounting of Profits, and Permanent Injunctive Relief on Account of Unfair Business Competí lion and Practices; and for Declaratory Relief” was sustained without leave to amend.

The complaint comprises four causes of action. However, only the first cause of action alleges any facts purportedly constituting a violation of plaintiffs rights; the remaining causes of action simply incorporate these allegations and seek different relief based thereon. The gravamen of plaintiffs unfair competition claim, as stated in the first cause of action, is as follows: Commencing in 1957, plaintiff engaged in manufacturing, fabricating, constructing, designing, merchandising and marketing of metal and other storage components utilized in connection with warehousing and other storage of goods. These components were original and unique in conception and design and had both functional and nonfunctional features which distinguished them from other similar products. Plaintiff expended large sums of money to design and…