This case was last updated from Fresno County Superior Courts on 03/03/2018 at 11:24:00 (UTC).

Employer Network LLC vs Synergy Group HCM Inc

Case Summary

On 03/12/2013 Employer Network LLC filed a Contract - Other Contract lawsuit against Synergy Group HCM Inc. This case was filed in Fresno County Superior Courts, Bf Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Hamilton, Jeffrey Y, Smith, Bruce, Culver Kapetan, Kristi, Ikeda, Dale, Simpson, Alan, Black, Donald, Snauffer, Mark and Hamilton, Jeffrey Y.. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0789

  • Filing Date:

    03/12/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judges

Hamilton, Jeffrey Y

Smith, Bruce

Culver Kapetan, Kristi

Ikeda, Dale

Simpson, Alan

Black, Donald

Snauffer, Mark

Hamilton, Jeffrey Y.

 

Party Details

Plaintiffs

Employer Network LLC

Onepoint Human Capital Management , LLC

Defendants

Synergy Group HCM, Inc

Arents, Angela

Colburn Insurance Service Inc

Synergy Group, HMC, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Whelan, Walter W.

Whelan Law Group, P.C. 7447 North First St, Ste 201

Fresno, CA 93720

Defendant Attorney

Klingenberger, Daniel K.

 

Court Documents

Motion filed

Motion; Comment: Notice of Hearing on Motion for Attorney's Fees

Declaration Filed

Declaration; Comment: Declaration Of Briand. Whelan In Support Of Plaintiff's Ex Parte Application For Entry Of Judgment Or, In The Alternative, For A Status Conference Hearing To Permit Prompt Entry Of Judgment

Minute Order Attachment

Minute Order Attachment; Comment: Day 14

List filed

List filed; Comment: Defts Witness List

Response filed

Response filed; Comment: Defendants' Response to Plaintiff's Response to Defendants' Statement of Undisputed Facts in Support of Motion for Summary Adjudication

Statement filed

Civil Document

Declaration Filed

Declaration Filed; Comment: Daniel K. Klingenberger

Declaration Filed

Declaration Filed; Comment: of Michael J. Silipini (aka., Michael Si) in Support of Plaintiff's Renewed Application for an Order to Show Cause Re Contempt Directed at Defendant Angela Arents (Concerning the Laptop Computer copy Ordered Produced by this Court)

Declaration Filed

Declaration Filed; Comment: Daniel K. Klingenberger

Memorandum of Points and Authorities

Reply; Comment: Plaintiff's Reply Memorandum of Points and Authorities in Support of its Motion for Attorney's Fees

Writ of Execution Issued

Writ of Execution Issued; Writ of Execution Issued; Comment: County: Fresno Amount: $712,694.00

Minute Order Attachment

Minute Order Attachment; Comment: Day 7

Declaration Filed

Declaration Filed; Comment: Gordon Colburn

Minute Order Attachment

Minute Order Attachment; Comment: Clerk's Certificate of Mailing attached

Declaration Filed

Declaration Filed; Comment: of Walter W. Whelan

Declaration Filed

Declaration Filed; Comment: of Walter W Whelanin Support of Plaintiffs eX Parate Application for Order Permitting Augmentation of Plaintiffs EX pert Witness Deesignation

Memorandum of Points and Authorities

Memorandum of Points and Authorities; Comment: in Support of Plaintiff's Renewed Application for an Order to Show Cause Re Contempt Directed at Defendant Angela Arents (Concerning the Laptop Computer copy Ordered Produced by this Court)

Amended Document Filed

Civil Document; Comment: Proof of Service on Notice of Motion for an order to show cause mailed on 7/13/2015 to Daniel Klingenberger

224 More Documents Available

 

Docket Entries

  • 07/29/2016
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  • Disposition: Judgment- Judgment on Jury Verdict; Judicial Officer: Hamilton, Jeffrey Y.; Judgment Type: Judgment on Jury Verdict; Party Names: Onepoint Human Capital Management, LLC; Synergy Group, HMC, Inc.; Arents, Angela; Colburn Insurance Service Inc; Simpson, Alan; Culver Kapetan, Kristi; Judgment - Monetary Award; Awarded To:; Onepoint Human Capital Management, LLC; Judgment Amount: $712,694.00; Awarded Against:; Synergy Group, HMC, Inc.; Arents, Angela; Colburn Insurance Service Inc

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  • 11/29/2017
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  • Writ Filed- Wholly Unsatisfied- Writ Filed- Wholly Unsatisfied

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  • 05/02/2017
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  • Minute Order Attachment (Tentative Rulings Only)- Minute Order Attachment (Tentative Rulings Only); Comment: Matter previously taken under advisement, the Court now rules;

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  • 05/02/2017
  • Chambers Work - Post- Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 5:30 PM; Result: Chambers Work - Order Submitted for Consideration

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  • 03/30/2017
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  • Notice of Change of Address Filed- Notice of Change of Address

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  • 03/21/2017
  • Taken Under Submission/Advisement

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  • 03/21/2017
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  • Minute Order Attachment- Minute Order Attachment; Comment: re: Motion Tax Costs, Motion Attorney Fees

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  • 03/21/2017
  • Motion - Attorney Fees- Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 3:28 PM; Result: Heard

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  • 03/21/2017
  • Motion - Tax Costs- Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 3:28 PM; Result: Heard; Comment: Dan Klingenberger

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  • 03/14/2017
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  • Reply filed- Reply

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587 More Docket Entries
  • 03/24/2014
  • Financial info for Onepoint Human Capital Management , LLC: Counter Payment Receipt # 188453 Employer Network LLC $60.00

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  • 03/24/2014
  • Financial info for Onepoint Human Capital Management , LLC: Transaction Assessment $60.00

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  • 12/05/2013
  • Financial info for Onepoint Human Capital Management , LLC: Counter Payment Receipt # 184815 Employer Network LLC $20.00

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  • 12/05/2013
  • Financial info for Onepoint Human Capital Management , LLC: Transaction Assessment $20.00

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  • 07/23/2013
  • Financial info for Onepoint Human Capital Management , LLC: Counter Payment Receipt # 180198 Employer Network LLC $20.00

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  • 07/23/2013
  • Financial info for Onepoint Human Capital Management , LLC: Transaction Assessment $20.00

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  • 07/11/2013
  • Financial info for Onepoint Human Capital Management , LLC: Transaction Assessment $435.00

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  • 03/12/2013
  • Financial info for Onepoint Human Capital Management , LLC: Counter Payment Receipt # 175501 Employer Network LLC $435.00

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  • 03/12/2013
  • Financial info for Onepoint Human Capital Management , LLC: Transaction Assessment $435.00

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  • 03/12/2013
  • Financial: Onepoint Human Capital Management , LLC; Total Financial Assessment $3,463.69; Total Payments and Credits $3,463.69

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Complaint Information

Walter W. Whelan, Esq. (SBN 106655) “::' U fl_-:: ‘E D

Brian D. Whelan, Esq. (SBN 256534)

Lucas C. Whelan, Esq. (SBN 292814) FEB 04 2016 WHELAN LAW GROUP, A Professional Corporation

7060 North Fresno Street, Sulte 210 FRESNO COUNTY SUPERIOR COURT Fresno, California 93720 By CSPDEPUTY

Telephone: (559) 437-1079 Facsimile: (559) 437-1720

E-mail: lucas@whelanlawgroup.com Attorney for: Plaintiff ONEPOINT HUMAN CAPITAL MANAGEMENT, formerly known

as EMPLOYER NETWORK, LLC

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF FRESNO, UNLIMITED CIVIL DIVISION

ONEPOINT HUMAN CAPITAL Case No. 13CECGO00789

MANAGEMENT, LLC, formerly known as EMPLOYER NETWORK, LLC,

Plaintiff,

FIRST AMENDED COMPLAINT FOR BREACH OF RESELLER SERVICE

AGREEMENT, BREACH OF EMPLOYMENT AGREEMENT, INTERFERENCE WITH CONTRACTS,

MISAPPROPRIATION OF TRADE

SECRETS, UNFAIR COMPETITION IN

VIOLATION OF BUSINESS AND

PROFESSIONS CODE §17200, AND INJUNCTIVE RELIEF; JURY DEMAND

SYNERGY GROUP, HCM, INC,, a California corporation, AN GELA ARENT S, an individual, COLBURN INSURANCE SERVICE, INC., a California corporation, and DOES 1 through 20, inclusive,

Defendants.

N e’ g s gt s’ “met “ams? “um “am? “wt e "t "t “wap? g’

COMES NOW PLAINTIFF ONEPOINT HUMAN CAPITAL

MANAGEMENT, LLC, formerly known as Employer Network, LLC, ("OnePoint" or "Plaintiff"), which alleges as follows:

L. PARTIES AND JURISDICTION.

1. Plaintiff OnePoint is a limited liability corporation with its principal place of business in Fresno County, California.

1. Plaintiff OnePoint is a limited liability corporation with its principal place of business in Fresno County, California. Whelsn Law Group,

Whelsn Law Group,

A Professional Corporation

447 N. Fireg St., Ste. 201

R T T ATV A Y

9 || employment with Employer Network, Arents breached her duty of loyalty to Plaintiff by setting

10 | up 2 competing business, Synergy, by colluding with Colburn to facilitate the competing

11 | business, by facilitating Colburn’s breach of its contractual obligations under the Reseller Service 12 || Agreement (Exhibit "B") and by marketing directly to Plaintiff’s existing customers and

13 || prospective customers (leads) so that her business, Synergy, instead of her employer’s business, 14 {| would sell payroll, time and labor services, and human resource services to such customers to the 15 | financial detriment of Plaintiff. Arents also actively attempted to undermine Plaintif’s business 16 || by utilizing forms and analysis generated by Arents and other employees of Plaintiff while

17 || engaged in work in the course and scope of their employment for Plaintiff and by modifying and 18 | altering Plaintiff’s business records to preclude Plaintiff from marketing to customers, leads, and

19 || prospective customers because Defendants preferred that Synergy, instead of Plaintiff, obtain

20 I such business.

21 FIRST CAUSE OF ACTION. 22 (Breach of Contract/Duty of Loyalty Against Defendant Arents.) 23 9. Plaintiff incorporates by reference each and every allegation contained in

24 || paragraphs 1 through 8, above.

25 10. During her employment with Plaintiff, Defendant Arents breached her 26 || employment contract, including the covenant of good faith and fair dealing implied in that

27 || contract, and her statutory and common law duty of loyalty to her employer, Plaintiff, by setting

28 § up the competing business, Synergy, while still employed by Plaintiff, and by facilitating

7447 N. First 81, Ste. 209