2014-00732670 American Innovation Corporation vs. Raytheon Company

The demurrer to the First Amended Complaint by defendants Raytheon Company, TRS LLC US, David Earl Stephens, James Leroy Cotterman, Jr. and James D. Weber, is sustained in part, with leave to amend, and moot in part.

The demurrer to the third cause of action for fraud as to plaintiff Nagui Mankaruse is sustained, with leave to amend, on grounds of failure to state facts sufficient to constitute a cause of action.  (CCP 430.10(e).)  The First Amended Complaint alleges that defendants promised to licenseIntellectual Property and associated Trade Secrets owned by plaintiff American Innovation Corporation, not plaintiff Mankaruse.  (First Amended Complaint at Paras. 1 and 12.) Thus, plaintiff Mankaruse lacks standing to allege fraud as to defendants’ alleged promises to license the Intellectual Property and associated Trade Secrets in this action.

The demurrer to the fourth cause of action is moot, as this cause of action was dismissed.

Plaintiff Mankaruse is granted 10 days leave to amend, in order to allege facts showing standing to sue, reliance, and damages to him personally, as opposed to plaintiff American Innovation Corporation.

Moving parties to give notice.