Drink Tank Ventures LLC v. Real Soda in Real Bottles, Ltd.

Filed 12/2/21 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

DRINK TANK VENTURES B298881, consolidated with

LLC, B302215

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC654392) v.

ORDER MODIFYING

REAL SODA IN REAL OPINION AND DENYING

BOTTLES, LTD., et al., REHEARING

Defendants and NO CHANGE IN THE Appellants. JUDGMENT

THE COURT:

It is ordered that the opinion filed on November 10, 2021, be modified as follows:

1. On page 6, in the second paragraph of section II.B., insert a footnote at the end of the first sentence (which ends with the phrase “that Real Soda and Ginsburg had breached the NDA”), and renumber all subsequent footnotes. The new footnote should read: Although the trial court refused to give Drink Tank’s proposed instruction that spelled out in greater detail how Real Soda violated the NDA, there is no question that Drink Tank opted to rest its claim solely on violations of…