This case was last updated from Los Angeles County Superior Courts on 06/16/2019 at 10:30:05 (UTC).

DIVISION SIX SPORTS INC VS SHAUN WHITE ET AL

Case Summary

On 05/06/2016 DIVISION SIX SPORTS INC filed a Contract - Business lawsuit against SHAUN WHITE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9646

  • Filing Date:

    05/06/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff, Petitioner and Cross Defendant

DIVISION SIX SPORTS INC.

Defendants, Respondents and Cross Plaintiffs

CREATIVE ARTISTS AGENCY

TARGET CORPORATION

WHITE SHAUN

SHAUN WHITE ENTERPRISES INC.

DOES 1 - 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

KILLIAN WILFRED J. ESQ.

ISENBERG RYAN L

MILMAN RACHEL S.

Defendant Attorneys

HOLDEN CRAIG EUGENE ESQ.

HARDER CHARLES JOHN

PURITSKY COURTNEY L.

CHOI VIRGINIA MARCELA ESQ.

 

Court Documents

ORDER GRANTING MOTION OF DEFENDANTS SHAUN WHITE AND SHAUN WHITE ENTERPRISES FOR JUDGMENT ON THE PLEADINGS

3/7/2018: ORDER GRANTING MOTION OF DEFENDANTS SHAUN WHITE AND SHAUN WHITE ENTERPRISES FOR JUDGMENT ON THE PLEADINGS

NOTICE OF ENTRY OF ORDER GRANTING MOTION OF DEFENDANTS SHAUN WHITE AND SHAUN WHITE ENTERPRISES FOR JUDGMENT ON THE PLEADINGS

3/9/2018: NOTICE OF ENTRY OF ORDER GRANTING MOTION OF DEFENDANTS SHAUN WHITE AND SHAUN WHITE ENTERPRISES FOR JUDGMENT ON THE PLEADINGS

R[SPONDENTS NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

6/19/2018: R[SPONDENTS NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

Notice

5/23/2019: Notice

Notice

5/23/2019: Notice

Minute Order

9/27/2016: Minute Order

DEFENDANT CREATIVE ARTISTS AGENCY'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL

12/12/2016: DEFENDANT CREATIVE ARTISTS AGENCY'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL

PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND THE SECOND AMENDED COMPLAINT AGAINST DEFENDANT TARGET; ETC

1/30/2017: PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND THE SECOND AMENDED COMPLAINT AGAINST DEFENDANT TARGET; ETC

ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

2/23/2017: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

STIPULATION TO FILE FIRST AMENDED ANSWER TO SECOND AMENDED COMPLAINT, ETC

3/2/2017: STIPULATION TO FILE FIRST AMENDED ANSWER TO SECOND AMENDED COMPLAINT, ETC

PLAINTIFFS' OPPOSITION TO DEFENDANT CAA'S DEMURRER TO PLAINTIFF'S THIRD AMENDED COMPLAINT; AND MEMORANDUM OF POINTS AND AUTHORITIES.

5/24/2017: PLAINTIFFS' OPPOSITION TO DEFENDANT CAA'S DEMURRER TO PLAINTIFF'S THIRD AMENDED COMPLAINT; AND MEMORANDUM OF POINTS AND AUTHORITIES.

NOTICE OF ENTRY OF STIPULATED PROTECTIVE ORDER RE: CONFIDENTIALITY

6/13/2017: NOTICE OF ENTRY OF STIPULATED PROTECTIVE ORDER RE: CONFIDENTIALITY

NOTICE OF CONTINUANCE OF HEARING AND CASE MANAGEMENT CONFERENCE

7/21/2017: NOTICE OF CONTINUANCE OF HEARING AND CASE MANAGEMENT CONFERENCE

PLAINTIFF DIVISION SIX SPORTS, INC.'S OPPOSITION TO DEFENDANT SHAUN WHITE ENTERPRISES, INC.'S MOTIONS TO COMPEL RESPONSES TO FIRST SET OF DOCUMENT REQUESTS AND SPECIAL INTERROGATORIES; DECLARATION OF

8/1/2017: PLAINTIFF DIVISION SIX SPORTS, INC.'S OPPOSITION TO DEFENDANT SHAUN WHITE ENTERPRISES, INC.'S MOTIONS TO COMPEL RESPONSES TO FIRST SET OF DOCUMENT REQUESTS AND SPECIAL INTERROGATORIES; DECLARATION OF

NOTICE OF RULING ON MOTIONS OF DEFENDANT SHAUN WHITE ENTERPRISES, INC. TO COMPEL PLAINTIFF TO RESPOND TO SWE'S FIRST SET OF SPECIAL INTERROGATORIES AND FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENT

8/15/2017: NOTICE OF RULING ON MOTIONS OF DEFENDANT SHAUN WHITE ENTERPRISES, INC. TO COMPEL PLAINTIFF TO RESPOND TO SWE'S FIRST SET OF SPECIAL INTERROGATORIES AND FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENT

NOTICE OF RULING ON CREATIVE ARTIST ACENCY'S DEMURRER TO THIRD AMENDED COMPLAINT

8/24/2017: NOTICE OF RULING ON CREATIVE ARTIST ACENCY'S DEMURRER TO THIRD AMENDED COMPLAINT

DEFENDANT TARGET CORPORATION'S NOTICE RE: COURT'S NOTICE RESCHEDULING HEARING

9/11/2017: DEFENDANT TARGET CORPORATION'S NOTICE RE: COURT'S NOTICE RESCHEDULING HEARING

Minute Order

9/28/2017: Minute Order

182 More Documents Available

 

Docket Entries

  • 05/23/2019
  • Notice (TO PLAINTIFF DIVISION SIX SPORTS, INC. AND FORMER DEFENDANT CREATIVE ARTISTS AGENCY PURSUANT TO C.R.C. 2.551(b)(3)(A)(iii) OF LODGING DOCUMENTS DESIGNATED AS "CONFIDENTIAL"); Filed by Shaun White Enterprises, Inc. (Cross-Complainant)

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  • 05/23/2019
  • Memorandum of Points & Authorities; Filed by Shaun White Enterprises, Inc. (Cross-Complainant)

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  • 05/23/2019
  • Notice (AND MOTION BY DEFENDANT SHAUN WHITE ENTERPRISES, INC. FOR SUMMARY JUDGMENT OR, IN THE LTERNATIVE, SUMMARY ADJUDICATION); Filed by Shaun White Enterprises, Inc. (Cross-Complainant)

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  • 05/23/2019
  • Separate Statement; Filed by Shaun White Enterprises, Inc. (Cross-Complainant)

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  • 05/23/2019
  • Declaration (and Exhibits iso Motion for Summary Judgment); Filed by Shaun White Enterprises, Inc. (Cross-Complainant)

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  • 05/23/2019
  • Notice (AND MOTION TO SEAL EXHIBITS 18 AND 19 FILED IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF ALLEN B. GRODSKY IN SUPPORT THEREOF); Filed by Shaun White Enterprises, Inc. (Cross-Complainant)

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  • 05/23/2019
  • Notice (Public Redacted Version -- Defendant's Appendix of Confidential Exhibits iso Motion for Summary Judgment); Filed by Shaun White Enterprises, Inc. (Cross-Complainant)

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  • 05/23/2019
  • Notice (of Lodging iin support of Motion for Summary Judgment); Filed by Shaun White Enterprises, Inc. (Cross-Complainant)

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  • 05/20/2019
  • Association of Attorney; Filed by Shaun White Enterprises, Inc. (Cross-Complainant)

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  • 05/16/2019
  • at 08:30 AM in Department 19; Ex-Parte Proceedings - Held

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366 More Docket Entries
  • 07/29/2016
  • PLAINTIFF'S FIRST AMENDED COMPLAINT FOR: 1. BREACH OF CONTRACT; ETC.

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  • 06/29/2016
  • Notice; Filed by Creative Artists Agency (Defendant)

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  • 06/29/2016
  • NOTICE OF ENTRY OF ORDER GRANTING THE STIPLUATION TO EXTEND PLAINTIFF'S TIME TO AMEND ITS COMPLAINT AND TO SUSPEND DEFENDANTS' RESPONSIVE PLEADING DEADLINE UNTIL AFTER PLAINTIFF'S AMENDED COMPLAINT IS FILED

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  • 06/23/2016
  • STIPULATION AND ORDER TO EXTEND PLAINTIFF'S TIME TO AMEND ITS COMPLAINT AND TO SUSPEND DEFENDANTS' RESPONSIVE PLEADING DEADLINE UNTIL AFTER PLAINTIFF'S AMENDED COMPLAINT IS FILED

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  • 06/23/2016
  • Stipulation and Order; Filed by Defendant/Respondent

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  • 05/10/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 05/10/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 05/06/2016
  • Complaint; Filed by Division Six Sports, Inc. (Plaintiff)

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  • 05/06/2016
  • SUMMONS

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  • 05/06/2016
  • PLAINTIFF S COMPLAINT FOR: 1. BREACH OF CONTRACT; ETC

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Tentative Rulings

Case Number: BC619646    Hearing Date: January 28, 2020    Dept: 19

Rulings:

1. Jury Questionnaire:

After further consideration, the Court does not approve Question 31, and orders that it be removed from the jury questionnaire.

2. Ruling on SWE's Motion in Limine No. 4 -

SWE's Motion in Limine No. 4. is DENIED. The Court suggests that the parties discuss a special instruction (without case citations) on this issue, to be discussed at the next FSC. For example the special instruction could read:

“The implied promise [of good faith and fair dealing] requires each contracting party to refrain from doing anything to injure the right of the other to receive the benefits of the agreement.” (Citing Egan v. Mutual of Omaha Ins. Co. (1979) 24 Cal.3d 809, 818 [159 Cal. Rptr. 482, 598 P.2d 452].) “In essence, the covenant is implied as a supplement to the express contractual covenants, to prevent a contracting party from engaging in conduct which (while not technically transgressing the express covenants) frustrates the other party's rights to the benefits of the contract.” (citing Love v. Fire Ins. Exchange (1990) 221 Cal.App.3d 1136, 1153 [271 Cal. Rptr. 246].) However, the implied covenant of good faith and fair dealing does not impose substantive terms and conditions beyond those to which the parties actually agreed. (citing Guz v. Bechtel National, Inc., supra, 24 Cal.4th at p. 349.)

This language was taken from the case cited by Defendants: Avidity Partners, LLC v. State of California, 221 Cal. App. 4th 1180, 1204 (2013).

The jury can decide if the Defendants engaged in conduct that frustrated Division 6's rights to the benefits of the contract.