Following on from a settlement reached final November, motions for abstract judgment pertaining to excellent claims have now been dominated on.
In abstract, Youngevity’s Movement for Abstract Judgment was granted. Wakaya Perfection’s Movement for Abstract Judgment was denied.
The motions pertained to a number of excellent defamation associated counterclaims.
As summarized by the courtroom;
Wakaya and the Particular person Counterclaim Plaintiffs allege that
(1) Dr. Joel Wallach made a sequence of false and defamatory claims about Wakaya that had been recorded by a Youngevity distributor;
(2) on March 21, 2016, Steve Wallach despatched an electronic mail to Youngevity’s distributor community accusing Wakaya of “participating in theft, misappropriation of confidential info, and breaching varied provisions of the Youngevity Insurance policies and Procedures”;
(3) Youngevity made false and defamatory statements in courtroom pleadings;
(4) Youngevity disseminated the false and defamatory pleadings to its distributor community;
(5) Youngevity issued a March 23, 2016, press launch discussing the false and defamatory courtroom pleadings;
(6) Michelle Wallach alleged Wakaya’s merchandise make customers sick in a social media publish; and
(7) the Counterclaim Defendants made false and defamatory statements on www.wakayaperfectiontellall.com.
With respect to clams made by Joel Wallach (proper), in his protection he argued
he’s entitled to abstract judgment as a result of the one proof of him making these statements — audio recordings — violate California and Washington legislation and are inadmissible and since the statements are privileged beneath California’s litigation and customary curiosity privileges.
The courtroom didn’t concern a ruling on that however discovered Wallach’s statements to be “protected beneath frequent curiosity privilege”.
This was on account of Wakaya Perfection failing to show Wallach made the offending feedback with malice.
The courtroom discovered Steve Wallach’s electronic mail was “protected beneath California’s litigation and customary curiosity privileges”, on account of it being straight associated to Youngevity’s claims.
The declare in opposition to Michelle Wallach and web site postings had been discovered to be mooted as results of the November settlement.
The allegedly offending web site was discovered to be run by a third-party, which means the declare would have gone in opposition to Wakaya Perfection in any occasion.
Wakaya Perfection’s claims beneath California’s Unfair Competitors Legislation had been rejected, as a result of firm failing to plead for injunctive aid.
I imagine this wraps up Youngevity’s lawsuit in opposition to Wakaya Perfection, in addition to their counterclaims.
Simply in case I’ll proceed to watch the case docket for a couple of months nonetheless. If there are any additional updates I’ll add them under.
Replace twenty third February 2021 – On February 4th Youngevity additionally prevailed on abstract judgment on counterclaims pertaining to cross-recruitment.
The proof demonstrates that there is no such thing as a materials dispute of proven fact that the Counterclaim Plaintiffs (Wakaya Perfection and their distributors) violated the Cross-Recruiting Provision.
Accordingly, their declare for breach of the implied covenant of fine religion fails.
Provision and Youngevity was inside its contractual rights to terminate their distributorships.
The conversion declare due to this fact fails as a result of the Counterclaim Plaintiffs can’t set up that Youngevity acted wrongfully.
For the explanations mentioned above, the Courtroom GRANTS Youngevity’s movement for abstract judgment on counterclaims two (for breach of contract), three (for breach of the covenant of fine religion and truthful dealing), and 4 (for conversion).
These counterclaims “weren’t affected by the settlement”, therefore the transfer for abstract judgment by either side.
Pending any different excellent claims, I imagine that’s the finish of unresolved litigation between Youngevity and Wakaya Perfection.