Den-Mat Holdings, LLC v. CAO Group, Inc.
Opinion
Trial Court Opinion
I. INTRODUCTION
On July 23, 2018, plaintiff Den-Mat Holdings, LLC (“DenMat”) filed this action for breach of contract against defendant CAO Group, Inc. (“CAO Group”). Dkt. 1 (“Compl.”). DenMat asserts two claims for relief: (1) breach of contract; and (2) unjust enrichment. Id. CAO Group filed its operative amended answer on August 28, 2018, asserting seven counterclaims pursuant to California law: (1) Breach of the License Agreement; (2) Breach of Implied Covenant of Good Faith and Fair Dealing – License Agreement; (3) Breach of the Manufacturing Agreement; (4) Breach of Implied Covenant of Good Faith and Fair Dealing – Manufacturing Agreement; (5) Rescission of the Manufacturing Agreement; (6) Unjust Enrichment; and (7) Permanent Injunction. Dkt. 14 (“Countercl.”). On June 20, 2019, DenMat filed a motion for partial summary judgment as to its first claim for relief and as to each of CAO Group’s counterclaims, dkt. 34 (“D. Mot.”), and a statement of undisputed material facts and conclusions of law, dkt. 36 (“DSUF”). CAO Group filed an opposition on July 8, 2019, dkt. 55 (“C. Opp.”), and a statement of