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GOMEZ V PLA-ART INTERNATIONAL INC

Plaintiff Gomez testified that one of the reasons he terminated Miguel Chavez was because Miguel Chavez was conspiring with the Plants against Plaintiff Gomez. (SSUF No. 3.) Plaintiff Gomez also testified one of the reasons he terminated Miguel Chavez was because Miguel Chavez had made slanderous and untrue statements about Plaintiffs. (See SSUF No. 3.) Plaintiffs attempt to overcome this deposition testimony by explaining that Plaintiff Gomez did not understand the legal term "conspire."

  • Hearing

    Mar 28, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

Plaintiff Gomez testified that one of the reasons he terminated Miguel Chavez was because Miguel Chavez was conspiring with the Plants against Plaintiff Gomez. (SSUF No. 3.) Plaintiff Gomez also testified one of the reasons he terminated Miguel Chavez was because Miguel Chavez had made slanderous and untrue statements about Plaintiffs. (See SSUF No. 3.) Plaintiffs attempt to overcome this deposition testimony by explaining that Plaintiff Gomez did not understand the legal term "conspire."

  • Hearing

    Mar 28, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

Plaintiff Gomez testified that one of the reasons he terminated Miguel Chavez was because Miguel Chavez was conspiring with the Plants against Plaintiff Gomez. (SSUF No. 3.) Plaintiff Gomez also testified one of the reasons he terminated Miguel Chavez was because Miguel Chavez had made slanderous and untrue statements about Plaintiffs. (See SSUF No. 3.) Plaintiffs attempt to overcome this deposition testimony by explaining that Plaintiff Gomez did not understand the legal term "conspire."

  • Hearing

    Mar 28, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

Plaintiff Gomez testified that one of the reasons he terminated Miguel Chavez was because Miguel Chavez was conspiring with the Plants against Plaintiff Gomez. (SSUF No. 3.) Plaintiff Gomez also testified one of the reasons he terminated Miguel Chavez was because Miguel Chavez had made slanderous and untrue statements about Plaintiffs. (See SSUF No. 3.) Plaintiffs attempt to overcome this deposition testimony by explaining that Plaintiff Gomez did not understand the legal term "conspire."

  • Hearing

    Mar 28, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: Plaintiffs' Motion for Production of Financial Records for Defendant Miguel Chavez is DENIED. The Court elects to consider the papers on their merits.

  • Hearing

    Oct 18, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: Plaintiffs' Motion for Production of Financial Records for Defendant Miguel Chavez is DENIED. The Court elects to consider the papers on their merits.

  • Hearing

    Oct 18, 2018

  • Type

    Contract

  • Sub Type

    Breach

CHAVEZ, MIGUEL VS GODDARD, LINDA KAY

On June 21, 2016, Plaintiff Miguel Chavez (“Plaintiff”) filed this action against Defendant Linda Kay Goddard (“Defendant”). On February 15, 2018, Plaintiff filed a Motion to Compel Deposition of Defendant’s Expert Witness (the “Motion”). On February 23, 2018, Defendant filed an opposition. As of March 7, 2018, no reply has been filed. Legal Standard CCP § 94 set the limitations for discovery in limited jurisdiction courts.

  • Hearing

    Mar 08, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

  • Judge

    Georgina Torres Rizk or Jon R. Takasugi

  • County

    Los Angeles County, CA

GOMEZ V PLA-ART INTERNATIONAL INC

(5) Plaintiffs' Motion for Production of Financial Records for Defendant Miguel Chavez is DENIED. Pursuant to Civil Code section 3295, the Court may "enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294." (Civ. Code, § 3295(c).)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(5) Plaintiffs' Motion for Production of Financial Records for Defendant Miguel Chavez is DENIED. Pursuant to Civil Code section 3295, the Court may "enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294." (Civ. Code, § 3295(c).)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(5) Plaintiffs' Motion for Production of Financial Records for Defendant Miguel Chavez is DENIED. Pursuant to Civil Code section 3295, the Court may "enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294." (Civ. Code, § 3295(c).)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(5) Plaintiffs' Motion for Production of Financial Records for Defendant Miguel Chavez is DENIED. Pursuant to Civil Code section 3295, the Court may "enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294." (Civ. Code, § 3295(c).)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(5) Plaintiffs' Motion for Production of Financial Records for Defendant Miguel Chavez is DENIED. Pursuant to Civil Code section 3295, the Court may "enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294." (Civ. Code, § 3295(c).)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(5) Plaintiffs' Motion for Production of Financial Records for Defendant Miguel Chavez is DENIED. Pursuant to Civil Code section 3295, the Court may "enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294." (Civ. Code, § 3295(c).)

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(2) Defendant Miguel Chavez' Motion to Strike Portions of Plaintiffs' Second Amended Complaint is DENIED. As to conspiracy, Plaintiffs have pled a cause of action for conspiracy and the allegations rise to the level of malice. Plaintiffs allege Chavez conspired with the others to wrongfully transfer the equipment, employees, vendors, clients, good will and assets of Plaintiffs to SDCS and San Diego Logistics, Inc. (SAC, ¶ 197.)

  • Hearing

    Jul 13, 2017

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(2) Defendant Miguel Chavez' Motion to Strike Portions of Plaintiffs' Second Amended Complaint is DENIED. As to conspiracy, Plaintiffs have pled a cause of action for conspiracy and the allegations rise to the level of malice. Plaintiffs allege Chavez conspired with the others to wrongfully transfer the equipment, employees, vendors, clients, good will and assets of Plaintiffs to SDCS and San Diego Logistics, Inc. (SAC, ¶ 197.)

  • Hearing

    Jul 13, 2017

  • Type

    Contract

  • Sub Type

    Breach

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 ...

  • Hearing

    Jan 19, 2017

  • Type

    Contract

  • Sub Type

    Breach

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...

  • Hearing

    Apr 12, 2017

  • Type

    Contract

  • Sub Type

    Breach

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...

  • Hearing

    Apr 12, 2017

  • Type

    Contract

  • Sub Type

    Breach

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...

  • Hearing

    Aug 22, 2019

  • Type

    Contract

  • Sub Type

    Breach

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...

  • Hearing

    Aug 15, 2019

  • Type

    Contract

  • Sub Type

    Breach

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...

  • Hearing

    Jan 09, 2020

  • Type

    Contract

  • Sub Type

    Breach

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...

  • Hearing

    Aug 05, 2020

  • Type

    Contract

  • Sub Type

    Breach

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...

  • Hearing

    Aug 05, 2020

  • Type

    Contract

  • Sub Type

    Breach

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...

  • Hearing

    Aug 15, 2019

  • Type

    Contract

  • Sub Type

    Breach

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...

  • Hearing

    Aug 05, 2020

  • Type

    Contract

  • Sub Type

    Breach

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