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OSSEOUS TECHNOLOGIES OF AMERICA, INC. v. DISCOVERYORTHO PARTNERS LLC

No. G042747.

191 Cal.App.4th 357 (2010)

OSSEOUS TECHNOLOGIES OF AMERICA, INC., Plaintiff and Appellant, v. DISCOVERYORTHO PARTNERS LLC, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

December 28, 2010.

Attorney(s) appearing for the Case

Enterprise Counsel Group, Patrick D. Flannery , Benjamin P. Pugh and James S. Azadian for Plaintiff and Appellant.

Summers & Shives and Sandra P. Llaneta for Defendant and Respondent.

OPINION

IKOLA, J.—

Faced with accusations it was breaching a services agreement by failing to pay what it allegedly owed for services rendered, Osseous Technologies of America, Inc. (Osseous), sued for declaratory relief (Code Civ. Proc., § 1060)1 rather than waiting for a breach of contract action to be filed against it. Defendant DiscoveryOrtho Partners LLC (DiscoveryOrtho) demurred to the complaint...

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