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Tauler Smith LLP Defeats Three Successive Motions for Summary Adjudication in Protein Bar Dispute

LOS ANGELES, November 10, 2019 ‑ Tauler Smith LLP has successfully defeated three motions for summary adjudication in complex multi-party litigation regarding the manufacture of protein bars. The triad of motions were brought by cross-defendants Defense Nutrition, LLC, Sapphire Bakery Co., and Bruce Olsen, Sapphire’s former CEO, against law firm client and cross-complainant Eagle Mist Corporation.

The litigation has spanned over three years and includes three cross-complaints between seven parties, all relating to business disputes surrounding the manufacture of thirteen types of nutritional protein bars. In one cross-complaint, Eagle Mist Corporation, who specializes in formulation of foods, has alleged that various entities conspired to commit fraud and breach a series of contracts culminating in the conversion of Eagle Mist Corporation’s assets.

In two separate hearings on October 1 and November 8, Los Angeles Superior Court Judge Michael Linfield denied cross-defendants’ Motion for Summary Adjudication in their entirety, allowing Eagle Mist’s claims of breach of contract, conversion, concealment, and fraudulent misrepresentation proceed to trial.

The Court rejected the arguments brought by Cross-Defendants, including that lost profits were unavailable to Eagle Mist, reasoning that the availability of lost profits “is a quintessential jury question.”

The case is set for a two-week jury trial in January, 2020. “We are very pleased that the Court has agreed that our clients’ claims should proceed to trial,” lead counsel Robert Tauler said.