Capital Partners International Ventures, Inc. v. Danzas Corp.

SUMMARY Judgment for Defendant Granting Docket #

Introduction

Before the Court is Defendant’s motion to dismiss Plaintiffs’ complaint pursuant to Rule 12(c), Federal Rules of Civil Procedure. This Court has jurisdiction under 28 U.S.C. § 1333 . The motion came on for hearing on February 25, 2004. Vernon Goins of Taylor & Goins appeared for Plaintiffs. Jeffery Glick of Kipperman & Johns appeared for Defendant. The Court considered the written pleadings and the oral arguments of counsel and hereby orders that the motion is granted. Summary judgment is hereby entered for Defendant.

Factual Background

This ease is about freight loss and damage and unpaid freight and storage fees. Plaintiffs (“Capital”) contend that they entered into a series of oral and written agreements with Defendant (“Danzas”) on March 28, 2000, which required Danzas to ship Capital’s property valued at $50,000 from Creutzwald, Belgium to Oakland, California. Capital later claimed that the shipment consisted of business inventory, personal property, and family heirlooms, including a suit of armor, family clothing, children’s toys, business records, and a wedding gown. The contract required Danzas to perform…