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Thicker Than Water, Inc. v. Davies CA1/5
Thomas Patrick Davies subleased commercial property to Thicker Than Water, Inc. A dispute arose about the tenancy and in 2011, Thicker Than Water filed a lawsuit against Davies. In August 2015—after the trial date was set—Davies cross-complained against Rick and Darren Derita (collectively, Derita). Derita moved to strike the cross-complaint pursuant to Code of Civil Procedure section 428.50. The trial court granted the unopposed motion, and later granted Thicker Than Water’s unopposed request to dismiss its operative second amended complaint.

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