Russolillo
Sebastian International, Inc. v. Russolillo
Opinion
Opinion
Moreno, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION AND DENYING DEFENDANTS’ MOTIONS FOR SUMMARY ADJUDICATION
Presently before the Court are three motions for summary adjudication brought by Plaintiff Sebastian International, Defendant Damian Christopher Inc., (“DCI”) and Defendant Quality King (“QK”). Having reviewed the papers, the evidence submitted in support thereto, and having heard oral argument on Monday June 25, 2001, the Court hereby grants Plaintiffs Motion and denies Defendants’ Motions for the following reasons.
I.
Factual and Procedural Background
On May 21, the parties filed their Motions for Summary Adjudication. There are very few applicable facts. Sebastian brand products include hairsprays, shampoos, conditioners, colorings, gels, mousse, and other hair treatments. Different codes are imprinted on Sebastian products, which are the lot or batch codes, date codes, holograms, and tracking codes. See Reidel Decl. at ¶23. The batch codes identify the product’s manufacturer, the year and the month that the product was made, and the batch from which the container was filled. See Stoops Depo. Date codes indicate when the product was filled. Id.