Gladstone

HUNTAIR, INC. v. Gladstone

Good Law
774 F. Supp. 2d 1035·2011 WL 672660·2011 U.S. Dist. LEXIS 15817
United States District Court, Northern District of CaliforniaFebruary 16, 2011C10-3450 TEHCalifornia5,553 words

Opinion

Opinion

Henderson, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT MOSER’S MOTION TO DISMISS

This matter came before the Court on February 7, 2011, on Defendant Steve Moser’s motion to dismiss. After carefully reviewing the parties’ written and oral arguments, the Court now GRANTS the motion to dismiss Plaintiffs’ withdrawn conversion claim and DENIES the motion in all other respects for the reasons set forth below.

BACKGROUND

Plaintiff CLPK, LLC is a Delaware limited liability company that was formerly known as Cleanpak International, Inc., and that “transferred almost all of its assets to [Plaintiff] Huntair” in late 2009. Compl. ¶ 5. Huntair is incorporated in Delaware, and both Plaintiffs are headquartered in Oregon.

Defendant Steve Moser worked first for Cleanpak and then Huntair as a regional sales manager for the Servicor brand. His employment began in July 2006 and ended with his termination in July 2010, based on the misconduct alleged in the complaint and discussed below.

The complaint alleges that Moser was involved with Defendants Seth Gladstone, Lorna Gladstone, David Langer, and L4 Strategies, Inc. in a scheme to divert business from Plaintiffs to Reliant, a fictitious…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.