Du Lac v. Perma Trans Products, Inc.

This is an appeal from a judgment dismissing plaintiff Gary Du Lac’s cause of action for false imprisonment after the court sustained, without leave to amend, a demurrer to the first cause of action of the second amended complaint.

Gary Du Lac joined in a complaint with William Du Lac and Susan Du Lac against defendants Perma Trans Products, Inc., and Farouk Gizatullin. The first cause of action alleged in the complaint was brought by Gary Du Lac alone; further, he did not join in any other cause of action pled in the complaint.

The complaint alleged the following facts concerning plaintiff’s action. William and Susan Du Lac own Encore Designs (hereinafter Encore), a business engaged in printing designs and slogans on T-shirts. Gary Du Lac is employed at Encore.

Defendant Perma Trans Products, Inc. (hereinafter Perma Trans) is also engaged in the business of printing designs and slogans on T-shirts and is a business competitor of Encore. Perma Trans also sells T-shirts and other supplies to businesses engaged in printing designs and slogans on T-shirts. Defendant Farouk Gizatullin (hereinafter Farouk) is “operations manager” of Perma Trans and was at all times…