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Date: 07-20-2022
Case Style:
Case Number: 4:22-cv-04227-DMR
Judge: Lynn N. Hughes
Court: United States District Court for the Northern District of California (Alamedia County)
Plaintiff's Attorney:
Defendant's Attorney: Brenda A. Prackup
Description: Oakland, California civil litigation lawyer represented Plaintiffs, who sued Defendant on a breach of contract theory claiming more than $265,000 in damages.
In the Black Resources, LLC, D/B/A Black Wall Street is a Texas limited liability company with its principal place of business in Texas that engages with the black community. Marye Dean, its Chief Operating Officer, resides in Texas. Blitz Design, Inc., D/B/A Creative Writing Hub is a California corporation with its principal place of business in California.
Black Wall Street contracted with Blitz Design to market its book and arrange promotional events. Black Wall Street sued Blitz Design in California after it failed to perform its responsibilities under the contract, but it withdrew the case because Dean was not licensed to practice there. Black Wall Street sued Blitz Design in this court for: (a) breach of contract, (b) breach of covenant of good faith and fair dealing, (c) unjust enrichment, (d) intentional infliction of emotional distress, (e) negligence, (f) gross negligence, and (g) violations of the Texas Deceptive Trade Practices and Consumer Protection Act.
Blitz Design moved to dismiss Black Wall Street's claims for lack of personal jurisdiction and improper venue. Blitz Design also moved to strike from Black Wall Street's first amended complaint: (a) “theft,” “stealing,” “robbed,”
and “ripped off”; (b) “negligent” or “negligence”; (c) “billion dollar company”; (d) allegations concerning personal jurisdiction; (e) allegations concerning venue; (f) allegations and Exhibit A concerning Blitz Design's counsel; (g) exhibits that have handwritten notes, highlights, and markings; and (h) exhibits K and L. Finally, Blitz Design moved to dismiss all of Black Wall Street's and Dean's claims.
Outcome: litz Design, Inc. D/B/A Creative Writing Hub's motion to dismiss for lack of personal jurisdiction and improper venue will be denied.
The following will be struck from In the Black Resources, LLC, D/B/A Black Wall Street's first amended complaint: (a) “theft,” “stealing,” “robbed,” and “ripped off'; (b) “billion dollar company”; (c) allegations and Exhibit A concerning Blitz Design's counsel; and (d) exhibits A through M.
This case will be transferred to the United States District Court for the Northern District of California.
Plaintiff's Experts:
Defendant's Experts:
Comments: