This case was last updated from Fresno County Superior Courts on 07/07/2022 at 12:15:45 (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, Fresno County BF Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Simpson, Alan, Smith, Bruce, Hamilton, Jeffrey Y., Ikeda, Dale, Black, Donald, Snauffer, Mark, Culver Kapetan, Kristi and Cullers, Mark. 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

  • County, State:

    Fresno, California

Judge Details

Judges

Simpson, Alan

Smith, Bruce

Hamilton, Jeffrey Y.

Ikeda, Dale

Black, Donald

Snauffer, Mark

Culver Kapetan, Kristi

Cullers, Mark

 

Party Details

Plaintiffs

Employer Network LLC

Onepoint Human Capital Management , LLC

Defendants

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

Declaration Filed

Declaration; Comment: Declaration of Walter W Whelan in Siupport of Plaintiffs Ex Parte Application for Entry of Judgment or in the Alternative, for a Status Conference Hearing to Permit Prompt Entry of Judgment

Notice of Hearing

Notice of Hearing; Comment: Notice of Hearing

Notice Filed

Notice Filed; Comment: Defts' Notice of lodging Depo Transcript of Angela Arents taken 07/29/2014

Stipulation/Order to Use Certified Short Hand Reporter Filed

Stipulation/Order to Use Certified Short Hand Repo; Judicial Officer: Simpson, Alan

Notice of Motion

Notice of Motion; Comment: and Motion for Summary Judgment

Request for Judical Notice

Request for Judical Notice

Writ of Execution Issued

Writ of Execution Issued; Comment: County: Riverside Amount: $712,719.00

Ex parte Filed

Ex parte Filed; Comment: Application for order clarifying payment of expert witness fees

Memorandum of Points and Authorities

Memorandum of Points and Authorities

Notice to Dispose Exhibits Received

08/06/2021: Notice to Dispose Exhibits Received

Notice to Dispose Exhibits Sent

07/28/2021: Notice to Dispose Exhibits Sent

Return filed

04/22/2020: Return filed

Writ Filed- Wholly Unsatisfied

11/29/2017: Writ Filed- Wholly Unsatisfied

Minute Order Attachment (Tentative Rulings Only)

05/02/2017: Minute Order Attachment (Tentative Rulings Only)

Notice of Change of Address

03/30/2017: Notice of Change of Address

Minute Order Attachment

03/21/2017: Minute Order Attachment

Reply

03/14/2017: Reply

Declaration

03/08/2017: Declaration

462 More Documents Available

 

Docket Entries

  • 08/19/2021
  • DocketOrder Signed and Filed; Judicial Officer: Cullers, Mark; Comment: Order: Destroy Exhibits

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  • 08/06/2021
  • View Court Documents
  • DocketNotice to Dispose Exhibits Received; Comment: Party: Defendant - Synergy Group, HMC Inc. - Atty LeBeau Thelen, LLP

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  • 07/28/2021
  • View Court Documents
  • DocketNotice to Dispose Exhibits Sent; Comment: Recipient: Employer Network LLC Whelan Law Group, APC 1827 E Fir Ave., Suite 110 Fresno, CA 93720 Synergy Group, HMC Inc LeBeau Thelen, LLP 5001 E Commercenter Drive, Suite 300 Bakersfield,CA 93309

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  • 04/22/2020
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  • DocketReturn filed; Comment: Return of Writ of Execution filed wholly unsatisfied.

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

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

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  • 05/02/2017
  • DocketChambers 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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  • DocketNotice of Change of Address Filed

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

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

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587 More Docket Entries
  • 05/02/2013
  • DocketPayment; Comment: A Payment of -$1,305.00 was made on receipt CVCE177411.

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

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

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

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  • 03/12/2013
  • DocketNotice of Case Mgnt Conf; Comment: Docket entry for the letter produced from CSAEVNT on 12-MAR-2013 by DHOUSTON.

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  • 03/12/2013
  • DocketPayment; Comment: A Payment of -$435.00 was made on receipt CVCE175501.

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  • 03/12/2013
  • DocketSummons filed; Comment: Summons on Complaint filed. dhouston

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  • 03/12/2013
  • DocketZ_Conversion; Comment: dhouston Event: Civil complaint filed

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  • 03/12/2013
  • DocketCivil case cover sheet; Comment: Civil Case Cover Sheet dhouston

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  • 03/12/2013
  • DocketZ_Conversion; Comment: Event: New Civil Case Filed

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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

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