California Court of Appeal

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Osseous Technologies of Am. Inc. v. DiscoveryOrtho Partners LLC., G042747

In plaintiff's suit for declaratory relief, in anticipation of a breach of contract suit against the plaintiff for allegedly failing to pay what it owed for services rendered by defendant, arising from a marketing agreement to market plaintiff's products for surgeons and restorative clinicians in dental and sinus surgery sectors, trial court's order sustaining defendant's demurrer to the complaint, is affirmed as, the dismissal was well within the discretion provided by section 1061,as it is likely the ultimate outcome of the current litigation between the parties will be a single judgment fully and finally resolving the parties' dispute without any impact on future conduct, the future impact of any declaratory relief on the parties' behavior is speculative, and the timing of plaintiff's complaint suggests it may have filed the declaratory action for strategic purposes.

Appellate Information

  • Decided 12/28/2010
  • Published 12/28/2010

Judges

  • IKOLA

Court

  • California Court of Appeal

Counsel

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