Notice Of Unavailability Of Musell, Wendy E (unavailable Only On
07/22/2013, 07/23/2013, 08/19/2013 Through 08/23/2013 & 9/01/2013
Filed By Plaintiff
Baker, Ronald
Notice Of Time And Place Of Trial, Jury Trial Set For Feb-10-2014 At
9:30 Am In Dept. 206.
Case Management Conference On Jul-10-2013 Is Off Calendar. Notice Sent
By Court.
Answer To 2nd Amended Complaint Filed By Defendant
Datataech Systems, Inc.
Raging Stallion Studios, Inc Dba Falcon Studios & Raging
Stallion Studios
Hrw Investments, Llc Dba Falcon Entertainment
Datatech Enterprises, Llc
Data Conversions Inc.
Datatech Ventures, Llc
59
Filed: 5/28/2013, Entered: 5/28/2013
Law And Motion 302, Defendant Data Conversions Inc.'s Demurrer To 2nd
Amended Complaint Is Overruled In Its Entirety. Plaintiff Has Pled
Sufficient Facts For Constructive Discharge. Furthermore, Whether A
Reasonable Person In The Employee's Shoes And Faced With The Alleged
Intolerable Working Conditions Would Have Felt Compelled To Resign Is
A Question Of Fact Not Properly Decided On Demurrer. Plaintiff's
Claims For Intentional Infliction Of Emotional Distress And Negligent
Infliction Of Emotional Distress Are Not Barred By Worker's
Compensation. Here, Plaintiff's Intentional Infliction Of Emotional
Distress And Negligent Infliction Of Emotional Distress Claims Are
Premised Upon Defendants' Violation Of A Fundamental Public Policy,
And Such Misconduct Lies Outside Of The Exclusive Remedy Provisions Of
The Labor Code. Leibert V. Transworld Systems, Inc. (1995), 32
Cal.app.4th 1693, 1706-1707; Accardi V. Superior Court (1993), 17
Cal.app.4th 341, 352-353. Order Signed In Open Court. Judge: Marla J.
Miller; Clerk: Gina Gonzales; Court Reporter: Anthony C. Vaughn, Csr #
6185
Law And Motion 302, Defendant Data Conversions Inc., Datatech
Ventures, Llc Motion To Quash Service Of Summons Or Stay Or Dismiss Is
Off Calendar. A Second Amended Complaint Was Filed On March 22, 2013.
Judge: Marla J. Miller, Clerk: Lesley Fiscella, Reporter: Sherry
Sawyer #5976.
2nd Amended Complaint Filed By Plaintiff
Baker, Ronald
As To Defendant
Data Tech Ventures, Llc
Does 1 To 20, Inclusive
Data Conversions, Inc. Dba Adult Entertainment Broadcase
Network
Raging Stallions Studios, Inc. Dba Falcon Studios & Raging
Stallion Studios
Data Tech Enterprises, Llc
Datatech Systems, Llc
Hrw Investments, Llc Dba Falcon Entertainment
39
Filed: 3/22/2013, Entered: 3/22/2013
Law And Motion 302, Plaintiff Ronald Baker's Motion For Leave To File
Second Amended Complaint Is Granted. Order Signed. (see Mini Minutes
And Order For Details Of The Ruling.) Judge: Marla J. Miller; Clerk:
Gina Gonzales; Court Reporter: Anthony C. Vaughn, Csr # 6185
Order Granting Motion For Leave To File Second Amended Complaint
37
Filed: 3/20/2013, Entered: 3/20/2013
Declaration Of (supplemental) Elisa J Stewart In Support Of Pltf's
Oppos. To Deft's Demurrer To First Amended Complaint Filed By
Plaintiff
Baker, Ronald
Opposition To Pltf's Motion To Amend Filed By Defendant
Raging Stallions Studios, Inc. Dba Falcon Studios & Raging
Stallion Studios
Hrw Investments, Llc
Datataech Systems, Inc.
Datatech Enterprises, Llc
Law And Motion 302, Defendants Datatech Systems, Llc, Raging Stallion
Studios, Inc Dba Falcon Studios &, Hrw Investments, Llc Dba Falcon
Entertainment And Datatech Enterprises, Llc's Demurrer To 1st Amended
Complaint Continued From Mar-01-2013 To Law And Motion At Apr-05-2013,
9:30 Am In Dept. 302. No Appearance On This Matter. The Court Adopted
Its Tentative Ruling - Continued On The Court's Own Motion To April 5,
2013. Judge: Marla J. Miller, Clerk: Cynthia Herbert; Court Reporter:
Anthony C. Vaughn, Csr # 6185
Notice Of Motion And Motion For Leave To File Second Amended
Complaint, Points And Authorities Filed By Plaintiff
Baker, Ronald
Hearing Set For Mar-22-2013 At 09:30 Am In Dept 302
Motion To Quash Service Of Summons Or Stay Or Dismiss, Points And
Authorities, Declaration Filed By Defendant
Data Conversions Inc.
Datatech Ventures, Llc
Hearing Set For Mar-28-2013 At 09:30 Am In Dept 302
Ex Parte Application For Order To Withdraw And Replace Exhibits,
Declaration Filed By Defendant
Raging Stallions Studios, Inc. Dba Falcon Studios & Raging
Stallion Studios
Data Tech Enterprises, Llc
Hrw Investments, Llc
Summons On Complaint, Proof Of Service Only, Filed By Plaintiff
Baker, Ronald
Served Jan-03-2013, Personal Service On Defendant
Data Conversions, Inc. Dba Adult Entertainment Broadcase
Network
Summons On Complaint, Proof Of Service Only, Filed By Plaintiff
Baker, Ronald
Served Jan-03-2013, Personal Service On Defendant
Data Tech Ventures, Llc
Summons On Complaint, Proof Of Service Only, Filed By Plaintiff
Baker, Ronald
Served Jan-03-2013, Personal Service On Defendant
Datataech Systems, Inc.
Summons On Complaint, Proof Of Service Only, Filed By Plaintiff
Baker, Ronald
Served Jan-05-2013, Personal Service On Defendant
Raging Stallion Studios, Inc Dba Falcon Studios & Raging
Stallion Studios
Proof Of Service Of First Amended Complaint Summons, Frist Amended
Complaint, Notice To Plaintiff Filed By Plaintiff
Baker, Ronald
Served Jan-03-2013, Personal Service On Defendant
Datatech Enterprises, Llc
8
Filed: 1/11/2013, Entered: 1/11/2013
Request For Judicial Notice In Support Of Demurrer
Memorandum Of Points And Authorities In Support Of Demurrer Filed By
Defendant
Raging Stallions Studios, Inc. Dba Falcon Studios & Raging
Stallion Studios
Data Tech Enterprises, Llc
Hrw Investments, Llc
Datatech Systems, Llc
1st Amended Complaint Filed By Plaintiff
Baker, Ronald
As To Defendant
Adult Entertainment Broadcast Network
Falcon Studios & Raging Stallon Studios
Data Tech Ventures, Llc
Does 1 To 20, Inclusive
Data Conversions, Inc. Dba Adult Entertainment Broadcase
Network
Raging Stallions Studios, Inc. Dba Falcon Studios & Raging
Stallion Studios
Data Tech Enterprises, Llc
Hrw Investments, Llc
Datatech Systems, Llc
Datataech Systems, Inc.
Other Non Exempt Complaints, Complaint Filed By Plaintiff
Baker, Ronald
As To Defendant
Adult Entertainment Broadcast Network
Falcon Studios & Raging Stallon Studios
Data Tech Ventures, Llc
Datatech Enterprises, Llc C/o Falcon Entertainment And Datatech
Systems, Llc
Does 1 To 20, Inclusive
Summons Issued, Judicial Council Civil Case Cover Sheet Filed
Case Management Conference Scheduled For Mar-13-2013
Proof Of Service Due On Dec-10-2012
Case Management Statement Due On Feb-26-2013
Date: 2/10/2014, Time: 09:30:00, Status: None
Master Calendar Jury
Date: 7/10/2013, Time: 10:30:00, Status: None
Case Management Conference
Off Calendar Jun-27-2013 Set For Trial On Feb-10-14 At 09:30 A.m. In Dept 206
Date: 5/28/2013, Time: 09:30:00, Status: None
Demurrer To 2nd
Amended Complaint
Off Calendar May-28-2013 Text Ruling
Tentative Ruling: Matter On Calendar For Tuesday, May 28, 2013, Line 17, Defendant Data Conversions Inc.'s Demurrer To 2nd
Amended Complaint.
Overruled In Its Entirety.
Plaintiff Has Pled Sufficient Facts For Constructive Discharge.
Furthermore, Whether A Reasonable Person In The Employee's Shoes And Faced With The Alleged Intolerable Working Conditions Would Have Felt Compelled To Resign Is A Question Of Fact Not Properly Decided On Demurrer.
Plaintiff's Claims For Intentional Infliction Of Emotional Distress And Negligent Infliction Of Emotional Distress Are Not Barred By Worker's Compensation.
Here, Plaintiff's Intentional Infliction Of Emotional Distress And Negligent Infliction Of Emotional Distress Claims Are Premised Upon Defendants' Violation Of A Fundamental Public Policy, And Such Misconduct Lies Outside Of The Exclusive Remedy Provisions Of The Labor Code.
Leibert V. Transworld Systems, Inc. (1995), 32 Cal.app.4th 1693, 1706-1707;
Accardi V. Superior Court (1993), 17 Cal.app.4th 341, 352-353.
Any Party Who Contests A Tentative Ruling Must Send An Email To Contestdept302tr@sftc.org With A Copy To All Other Parties By 4pm Stating, Without Argument, The Portion(s) Of The Tentative Ruling That The Party Contests. The Prevailing Party Is Required To Prepare A Proposed Order With The Name And Address Of The Prevailing Party's Counsel Or The Prevailing Party If Pro Per In The Top Left Of The First Page Of Proposed Order Which Repeats Verbatim The Substantive Portion Of The Tentative Ruling And Must Bring The Proposed Order To The Hearing Or Email It To Contestdept302tr@sftc.org Prior To The Hearing Even If The Motion Is Not Opposed Or The Tentative Ruling Is Not Contested. =(302/mjm)
Mini Minutes:
Appearances:
Karen Tynan, Esq. Of The Law Office Of Karen Tynan, Tel. 707.395.0062, For Defendant And Moving Party;
Elisa J. Stewart, Esq. Of Stewart Musell, Tel. 415.274.0700, For Plaintiff And Opposing Party.
Ruling:
A R G U E D.
At The Conclusion Of Argument, The Court Adopted Its Tentative Ruling. Defendant Data Conversions Inc.'s Demurrer To 2nd Amended Complaint Is Overruled In Its Entirety.
Plaintiff Has Pled Sufficient Facts For Constructive Discharge.
Furthermore, Whether A Reasonable Person In The Employee's Shoes And Faced With The Alleged Intolerable Working Conditions Would Have Felt Compelled To Resign Is A Question Of Fact Not Properly Decided On Demurrer.
Plaintiff's Claims For Intentional Infliction Of Emotional Distress And Negligent Infliction Of Emotional Distress Are Not Barred By Worker's Compensation.
Here, Plaintiff's Intentional Infliction Of Emotional Distress And Negligent Infliction Of Emotional Distress Claims Are Premised Upon Defendants' Violation Of A Fundamental Public Policy, And Such Misconduct Lies Outside Of The Exclusive Remedy Provisions Of The Labor Code.
Leibert V. Transworld Systems, Inc. (1995), 32 Cal.app.4th 1693, 1706-1707;
Accardi V. Superior Court (1993), 17 Cal.app.4th 341, 352-353.
Order Signed In Open Court.
Judge: Marla J. Miller; Clerk: Gina Gonzales; Court Reporter: Anthony C. Vaughn, Csr # 6185
Date: 5/8/2013, Time: 10:30:00, Status: None
Case Management Conference
Off Calendar Apr-24-2013 Continued To Jul-10-13 At 10:30 A.m. In Dept 610
Date: 4/5/2013, Time: 09:30:00, Status: None
Demurrer To 1st
Amended Complaint
Off Calendar Apr-05-2013 Text Ruling
Tentative Ruling:
Matter On Calendar For Friday, April 5, 2013, Line 11, Defendants Datatech Systems, Llc, Raging Stallion Studios, Inc Dba Falcon Studios & Raging Stallion Studios, Hrw Investments, Llc Dba Falcon Entertainment, Datatech Enterprises, Llc's Demurrer To 1st Amended Complaint.
Off Calendar.
A Second Amended Complaint Was Filed On March 22, 2013.
=(302/mjm)
Mini Minutes: No Appearance On This Matter.
Ruling: The Court Adopted Its Tentative Ruling.
Defendants Datatech Systems, Llc, Raging Stallion Studios, Inc Dba Falcon Studios & Raging Stallion Studios, Hrw Investments, Llc Dba Falcon Entertainment, Datatech Enterprises, Llc's Demurrer To 1st Amended Complaint Is Off Calendar.
A Second Amended Complaint Was Filed On March 22, 2013. Judge: Marla J. Miller,
Clerk: Lesley Fiscella, Reporter: Sherry Sawyer #5976.
Date: 3/28/2013, Time: 09:30:00, Status: None
Motion To Quash Service Of Summons Or Stay Or Dismiss
Off Calendar Mar-28-2013 Text Ruling
Tentative Ruling:
Matter On Calendar For Thursday, March 28, 2013, Line 14, Defendant Data Conversions Inc., Datatech Ventures, Llc Motion To Quash Service Of Summons Or Stay Or Dismiss.
Off Calendar.
A Second Amended Complaint Was Filed On March 22, 2013.
=(302/mjm)
Mini Minutes: No Appearance On This Matter.
Ruling: The Court Adopted Its Tentative Ruling.
Defendant Data Conversions Inc., Datatech Ventures, Llc Motion To Quash Service Of Summons Or Stay Or Dismiss Is Off Calendar.
A Second Amended Complaint Was Filed On March 22, 2013. Judge: Marla J. Miller,
Clerk: Lesley Fiscella, Reporter: Sherry Sawyer #5976.
Date: 3/22/2013, Time: 09:30:00, Status: None
Notice Of Motion And Motion For Leave To File Second Amended Complaint
Off Calendar Mar-22-2013 Text Ruling
Tentative Ruling: Matter On Calendar For Friday, March 22, 2013, Line 12, Plaintiff Ronald Baker's Motion For Leave To File Second Amended Complaint.
The Motion To File The Second Amended Complaint Is Granted.
There Is A Liberal Policy In Favor Of Amendment And Allowing Plaintiff To File The Pleading Does Not Prejudice The Defendants.
Plaintiff Shall Immediately File The Second Amended Complaint.
After The Second Amended Complaint Is Filed, The Court Will Take The Motion To Quash Set For March 28, 2013 And Demurrer Set For April 2, 2013 Off Calendar As Moot.
Defendants May File New Responses To The Second Amended Complaint After It Is Served.
Any Party Who Contests A Tentative Ruling Must Send An Email To Contestdept302tr@sftc.org With A Copy To All Other Parties By 4pm Stating, Without Argument, The Portion(s) Of The Tentative Ruling That The Party Contests. The Prevailing Party Is Required To Prepare A Proposed Order With The Name And Address Of The Prevailing Party's Counsel Or The Prevailing Party If Pro Per In The Top Left Of The First Page Of Proposed Order Which Repeats Verbatim The Substantive Portion Of The Tentative Ruling And Must Bring The Proposed Order To The Hearing Or Email It To Contestdept302tr@sftc.org Prior To The Hearing Even If The Motion Is Not Opposed Or The Tentative Ruling Is Not Contested. =(302/mjm)
Mini Minutes:
No Appearance On This Matter.
The Court Adopted Its Tentative Ruling Which Was Not Contested.
Plaintiff Ronald Baker's Motion For Leave To File Second Amended Complaint Is Granted.
There Is A Liberal Policy In Favor Of Amendment And Allowing Plaintiff To File The Pleading Does Not Prejudice The Defendants.
Plaintiff Shall Immediately File The Second Amended Complaint.
After The Second Amended Complaint Is Filed, The Court Will Take The Motion To Quash Set For March 28, 2013 And Demurrer Set For April 2, 2013 Off Calendar As Moot.
Defendants May File New Responses To The Second Amended Complaint After It Is Served.
The Court Signed The Order That Was Emailed To The Court.
Judge: Marla J. Miller; Clerk: Gina Gonzales; Court Reporter: Anthony C. Vaughn, Csr # 6185
Date: 3/13/2013, Time: 10:30:00, Status: None
Case Management Conference
Off Calendar Feb-27-2013 Continued To May-08-13 At 10:30 A.m. In Dept 610
Date: 3/1/2013, Time: 09:30:00, Status: None
Demurrer To 1st
Amended Complaint
Off Calendar Mar-01-2013 Continued To Apr-05-13 At 09:30 A.m. In Dept 302
Tentative Ruling:
Set For Hearing On Friday,
March 1,
2013,
Line 18, Defendants Datatech Systems, Llc, Raging Stallion Studios, Inc Dba Falcon Studios &, Hrw Investments, Llc Dba Falcon Entertainment, Datatech Enterprises, Llc's Demurrer To 1st Amended Complaint
Continued On The Court's Own Motion To April 5, 2013. Any Party Who Contests A Tentative Ruling Must Send An Email To Contestdept302tr@sftc.org With A Copy To All Other Parties By 4pm Stating, Without Argument, The Portion(s) Of The Tentative Ruling That The Party Contests.
= (302/mjm)
Mini Minutes:
No Appearance On This Matter.
The Court Adopted Its Tentative Ruling.
Defendants Datatech Systems, Llc, Raging Stallion Studios, Inc Dba Falcon Studios &, Hrw Investments, Llc Dba Falcon Entertainment And Datatech Enterprises, Llc's Demurrer To 1st Amended Complaint Is Continued On The Court's Own Motion To April 5, 2013.
Judge: Marla J. Miller,
Clerk: Cynthia Herbert;
Court Reporter: Anthony C. Vaughn, Csr # 6185
= (302/mjm)
October 11, 2012 - Payment W1012A11F033 to 
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