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"Frank E Plant, III"
GOMEZ V PLA-ART INTERNATIONAL INC
Plant Jr. and Frank E. Plant, III, in violation of CCP section 1985.3. However, the subpoena seeks records of sales as to PLA-ART International, Inc. dba San Diego Cold Storage's equipment. Nothing in the subpoena indicates it seeks personal records of Frank E. Plant Jr. or Frank E. Plant, III. A notice was not required. Defendants take issue with the fact Plaintiff did not define "equipment" when PLA-ART has operations that are unrelated to Plaintiff's claims.
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Hearing
Oct 03, 2019
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
Plant Jr. and Frank E. Plant, III, in violation of CCP section 1985.3. However, the subpoena seeks records of sales as to PLA-ART International, Inc. dba San Diego Cold Storage's equipment. Nothing in the subpoena indicates it seeks personal records of Frank E. Plant Jr. or Frank E. Plant, III. A notice was not required. Defendants take issue with the fact Plaintiff did not define "equipment" when PLA-ART has operations that are unrelated to Plaintiff's claims.
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Hearing
Oct 03, 2019
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
(Frank E. Plant III Decl., ¶ 4.) Frank E. Plant III declares Mr. Gomez was terminated for, inter alia, directing SDL employees to use SDL truck and trailer parts on Mr. Gomez's own personal trucks and trailers, using SDL vendor accounts to buy parts for his personal trucks and trailers, and taking SDL vehicles for his own personal use without permission. (Frank E. Plant III Decl., ¶ 4.) Mr. Gomez does not offer evidence to rebut these assertions.
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Hearing
Oct 18, 2018
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
(Frank E. Plant III Decl., ¶ 4.) Frank E. Plant III declares Mr. Gomez was terminated for, inter alia, directing SDL employees to use SDL truck and trailer parts on Mr. Gomez's own personal trucks and trailers, using SDL vendor accounts to buy parts for his personal trucks and trailers, and taking SDL vehicles for his own personal use without permission. (Frank E. Plant III Decl., ¶ 4.) Mr. Gomez does not offer evidence to rebut these assertions.
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Hearing
Oct 18, 2018
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
(Frank E. Plant III Decl., ¶ 4.) Frank E. Plant III declares he was terminated for, inter alia, directing SDL employees to use SDL truck and trailer parts on Mr. Gomez's own personal trucks and trailers, using SDL vendor accounts to buy parts for his personal trucks and trailers, and taking SDL vehicles for his own personal use without permission. (Frank E. Plant III Decl., ¶ 4.) Mr. Gomez denies the allegations in his declaration.
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Hearing
Nov 08, 2018
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
(Frank E. Plant III Decl., ¶ 4.) Frank E. Plant III declares he was terminated for, inter alia, directing SDL employees to use SDL truck and trailer parts on Mr. Gomez's own personal trucks and trailers, using SDL vendor accounts to buy parts for his personal trucks and trailers, and taking SDL vehicles for his own personal use without permission. (Frank E. Plant III Decl., ¶ 4.) Mr. Gomez denies the allegations in his declaration.
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Hearing
Nov 08, 2018
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
(Frank E. Plant III Decl., ¶ 4.) Frank E. Plant III declares he was terminated for, inter alia, directing SDL employees to use SDL truck and trailer parts on Mr. Gomez's own personal trucks and trailers, using SDL vendor accounts to buy parts for his personal trucks and trailers, and taking SDL vehicles for his own personal use without permission. (Frank E. Plant III Decl., ¶ 4.) Mr. Gomez denies the allegations in his declaration.
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Hearing
Nov 08, 2018
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
(Frank E. Plant III Decl., ¶ 4.) Frank E. Plant III declares he was terminated for, inter alia, directing SDL employees to use SDL truck and trailer parts on Mr. Gomez's own personal trucks and trailers, using SDL vendor accounts to buy parts for his personal trucks and trailers, and taking SDL vehicles for his own personal use without permission. (Frank E. Plant III Decl., ¶ 4.) Mr. Gomez denies the allegations in his declaration.
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Hearing
Nov 08, 2018
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
(Frank E. Plant III Decl., ¶ 4.) Frank E. Plant III declares he was terminated for, inter alia, directing SDL employees to use SDL truck and trailer parts on Mr. Gomez's own personal trucks and trailers, using SDL vendor accounts to buy parts for his personal trucks and trailers, and taking SDL vehicles for his own personal use without permission. (Frank E. Plant III Decl., ¶ 4.) Mr. Gomez denies the allegations in his declaration.
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Hearing
Nov 08, 2018
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
(Frank E. Plant III Decl., ¶ 4.) Frank E. Plant III declares he was terminated for, inter alia, directing SDL employees to use SDL truck and trailer parts on Mr. Gomez's own personal trucks and trailers, using SDL vendor accounts to buy parts for his personal trucks and trailers, and taking SDL vehicles for his own personal use without permission. (Frank E. Plant III Decl., ¶ 4.) Mr. Gomez denies the allegations in his declaration.
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Hearing
Nov 08, 2018
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: The Motion of Cross Defendants Pla-Art International, Inc. dba San Diego Cold Storage and San Diego Logistics, LLC to Strike Portions of the Cross Complaint is GRANTED, with ten days leave to amend. The Court finds the cross complaint fails to state sufficient facts to support a claim for punitive damages and the complaint is ...
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Hearing
Jan 19, 2017
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: (1) The Motion of Defendants and Cross Defendants Pla-Art International, Inc. dba San Diego Cold Storage and San Diego Logistics, LLC, Frank Edward Plant Jr. and Frank Edward Plant III to Strike Portions of First Amended Complaint is GRANTED, with 10 days leave to amend. Plaintiffs' First Amended Complaint is largely unintelligibl...
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Hearing
Apr 12, 2017
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: (1) The Motion of Defendants and Cross Defendants Pla-Art International, Inc. dba San Diego Cold Storage and San Diego Logistics, LLC, Frank Edward Plant Jr. and Frank Edward Plant III to Strike Portions of First Amended Complaint is GRANTED, with 10 days leave to amend. Plaintiffs' First Amended Complaint is largely unintelligibl...
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Hearing
Apr 12, 2017
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: (1) Defendant Miguel Chavez's Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED, in part. The SAC does not state that Chavez innocently cashed checks from a GR Inland account that he was supposed to, in an exercise in futility, re-deposit. The SAC alleges Chavez personally used checks meant for GR Inland. The 9...
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Hearing
Jul 13, 2017
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: (1) Defendant Miguel Chavez's Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED, in part. The SAC does not state that Chavez innocently cashed checks from a GR Inland account that he was supposed to, in an exercise in futility, re-deposit. The SAC alleges Chavez personally used checks meant for GR Inland. The 9...
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Hearing
Jul 13, 2017
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Type
Contract
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Sub Type
Breach
- Judge Judith F. Hayes
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: Defendants' Joint and Several Motion for Summary Adjudication as to the Fourth Cause of Action of Plaintiffs' Fourth Amended Complaint is DENIED. Essential to the existence of a partnership is "that there be a community of interest and an agreement to share jointly in the profits and losses resulting from the enterprise." (Sandber...
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Hearing
Aug 22, 2019
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: (1) Plaintiff Guillermo Gomez's Motion for Protective Order to Limit Discovery is DENIED. Plaintiff seeks a protective order to prevent further discovery, in different forms, related to California Employment Development Department ("EDD") assessments, an IRS penalty assessment to Plaintiff, and claims by Defendants that the de...
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Hearing
Aug 15, 2019
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: Plaintiffs' Motion to Amend Plaintiffs' Complaint is DENIED. California Rules of Court, Rule 3.1324 requires that a motion to amend must "[s]tate what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located." (CA ST CIVIL RULES Rul...
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Hearing
Jan 09, 2020
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED. Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting. Even though the plaintiffs labeled their causes of action, that does not mean the...
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Hearing
Aug 05, 2020
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED. Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting. Even though the plaintiffs labeled their causes of action, that does not mean the...
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Hearing
Aug 05, 2020
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED. Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting. Even though the plaintiffs labeled their causes of action, that does not mean the...
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Hearing
Aug 05, 2020
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: Plaintiffs' Motion to Amend Plaintiffs' Complaint is DENIED. California Rules of Court, Rule 3.1324 requires that a motion to amend must "[s]tate what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located." (CA ST CIVIL RULES Rul...
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Hearing
Jan 09, 2020
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: (1) Plaintiff Guillermo Gomez's Motion for Protective Order to Limit Discovery is DENIED. Plaintiff seeks a protective order to prevent further discovery, in different forms, related to California Employment Development Department ("EDD") assessments, an IRS penalty assessment to Plaintiff, and claims by Defendants that the de...
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Hearing
Aug 15, 2019
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED. Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting. Even though the plaintiffs labeled their causes of action, that does not mean the...
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Hearing
Aug 05, 2020
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
GOMEZ V PLA-ART INTERNATIONAL INC
TENTATIVE RULING: Plaintiff Gomez's Motion for Leave to File Fifth Amend Complaint is DENIED. Unwarranted delay may itself be a valid reason for denial of leave to amend. (Record v. Reason (1999) 73 Cal.App.4th 472, 486.) "The cases indicate that the denial may rest upon the element of lack of diligence in offering the amendment after knowledge...
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Hearing
Oct 15, 2020
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Type
Contract
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Sub Type
Breach
- Judge Richard S. Whitney
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County
San Diego County, CA
