Cellars v. Pacific Coast Packaging, Inc.
District Court, N.D. California
1Opinion of the Court
MEMORANDUM AND ORDER
BREYER, District Judge.
Now before the Court is defendants’ third motion to dismiss plaintiffs Complaint. On two prior occasions, plaintiff has amended its Complaint with leave of the Court.
BACKGROUND
Plaintiff, Margarita Cellars, produces blended wine alcohol cocktails. Plaintiff contracted with defendant Pacific Coast Packaging (“Pacific”), a distributor, to supply Margarita Cellars with clear plastic bottles to package its product. Plaintiff alleges that the bottles supplied by Pacific on September 21, 1996 were defective because they bulged when filled.
In addition to…
2Cases cited25 opinions
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally HeinCourt of Appeals for the Ninth Circuit · 1995
- Mchenry v. RenneCourt of Appeals for the Ninth Circuit · 1996
- Seely v. White Motor Co.California Supreme Court · 1965
- In Re Delorean Motor Company, Debtor. David W. Allard, Jr. v. Howard L. Weitzman, an IndividualCourt of Appeals for the Sixth Circuit · 1993
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