MERIBEAR PRODUCTIONS INC VS BRETT BAER

Tentative Rulings

Case Number: VC065653    Hearing Date: March 9, 2021    Dept: C

MERIBEAR PRODUCTIONS INC v. BAER

CASE NO.: VC065653

HEARING: 3/9/21 @ 1:30 PM

#7

THE COURT WILL NOT ISSUE A TENTATIVE RULING. THE COURT WILL HEAR FROM THE PARTIES.

Case Number: VC065653    Hearing Date: February 09, 2021    Dept: C

MERIBEAR PRODUCTIONS INC v. BAER

CASE NO.: VC065653

HEARING: 2/9/21 @ 1:30 PM

#6

TENTATIVE ORDER

I. Cross-Defendants Meribear Production, Inc. and Meridith Baer’s motion for summary judgment or, in the alternative, summary adjudication is CONTINUED to Tuesday, 3/16/21 at 1:30 p.m. in Dept. C.

A Hearing on the Discovery Referee’s Report and Recommendation is set for Tuesday, 3/9/21 at 1:30 p.m. in Dept. C.

II. Defendants Showroom Interiors, LLC and Showroom, Inc.’s motion for summary judgment or, in the alternative, for summary adjudication is DENIED.

Plaintiffs to give NOTICE.

I. Meribear Productions, Inc. and Merideth Baer’s MSJ/MSA

Cross-Defendants Meribear Production, Inc. and Meridith Baer’s motion for summary judgment or, in the alternative, summary adjudication is CONTINUED to Tuesday, 3/16/21 at 1:30 PM in Dept. C.

Pursuant to Cross-Complainants’ request, a Hearing on the Discovery Referee’s Report and Recommendation is set for Tuesday, 3/9/21 at 1:30 p.m. in Dept. C.

I. Showroom Interiors, LLC and Showroom, Inc.’s MSJ/MSA

Defendants Showroom Interiors, LLC and Showroom, Inc. (collectively “Showroom”) moves for summary judgment, or in the alternative, summary adjudication pursuant to CCP § 437c.

The Fourth Amended Complaint alleges that Defendant Brett Baer was the President of Meribear Productions, Inc. dba Meridith Baer Home (“MBH”) during the course of thefts, wrongful conduct, and unfair competition. Over 125,000 items of MBH Staging Property with an estimated value of $5 million were wrongly taken from MBH and used by Defendants to build their separate business. Brett Baer was the founder, controlling principal of and agent of Defendant City Lights Staging and Defendant Showroom Interiors, LLC dba Vesta Home, both of which competed with MBH. All Defendants competed with MBH by theft, use of staging property, misappropriation of trade secrets, and wrongful conduct. The Complaint asserts causes of action for:

1. Conversion

2-4. Breaches of Fiduciary Duty

5. Breach of Contract

6. Unfair Competition – B&P Code § 17200

7. Civil Conspiracy

8. Money Had and Received

9. Violation of CC § 3426 Uniform Trade Secrets Act

10. Violation of Penal Code § 496 Recovery or Concealing Stolen Property

11. Violation of Penal Code § 502

“If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion.” (CCP § 437c(h).)

The court finds that facts essential to justify opposition may exist, but cannot be presented. This Court has ordered the production of evidence on numerous occasions, and the moving party, its affiliates, officers and controlled witnesses have not produced evidence as ordered. (Boesch Decl. filed on 8/7/20, ¶ 5.)

Brett Baer and Jaime Baer have a long history of discovery abuses, which recently culminated in the Discovery Referee’s recommendation to issue terminating sanctions.

The Showroom Defendants contend that they are not the subject of the discovery orders. However, CCP § 437c(h) simply requires that Plaintiff demonstrate that facts essential to oppose the Showroom Defendants’ motion may exist. Plaintiff is not required to show that those facts must come directly from the Showroom Defendants.

Further, the Showroom Defendants contend that they are not affiliated with Brett Baer and Jaime Baer, other than in their roles as employees. However, the Showroom Defendants admit that it was doing business as Vesta Home. (Buckner Decl., ¶ 12.) Ex. H to the Opposition is a printout of the “About” page of Vesta Home. Brett Baer and Jaime Morse are listed as “Our Founders”. “Brett Baer and Jaime Morse have worked together for over 10 years in the home staging market, working with high end builders, real estate developers, and celebrity clients at leading home staging companies.” (Opposition, Ex. H.) This evidence demonstrates that Brett Baer and Jaime Morse are either “founders” or act in capacities other than merely employees of the Showroom Defendants.

Because Brett Baer and Jaime Baer have resisted discovery efforts in this action, it is in the interest of justice to deny summary judgment when facts essential to the opposition may exist. The matter should be tried on the merits.

Accordingly, the motion is DENIED.

Case Number: VC065653    Hearing Date: January 12, 2021    Dept: C

MERIBEAR PRODUCTIONS INC v. BAER

CASE NO.: VC065653

HEARING: 1/12/21 @ 1:30 PM

#11 - Add-On

TENTATIVE ORDER

The court reserves ruling on the motions, and will hear from the parties.

Case Number: VC065653    Hearing Date: December 22, 2020    Dept: C

MERIBEAR PRODUCTIONS, INC. v. BAER

CASE NO.:  VC065653

HEARING:  12/22/2020JUDGE: OLIVIA ROSALES

#5

TENTATIVE ORDER

I. Cross-Defendants MERIBEAR PRODUCTIONS, INC. and MERIDITH BAER’s Motion for Summary Judgment, or alternatively, Summary Adjudication is CONTINUED to Tuesday, January 12, 2021 at 1:30 p.m. in Dept. SE-C.

II. Defendants SHOWROOM INTERIORS, LLC and SHOWROOM, INC.’s Motion for Summary Judgment on Plaintiffs’ Fourth Amended Complaint, or alternatively, for Summary Adjudication is CONTINUED to Tuesday, January 12, 2021 at 1:30 p.m. in Dept. SE-C.

Moving Party(s) to give Notice.

Case Number: VC065653    Hearing Date: November 03, 2020    Dept: C

MERIBEAR PRODUCTIONS INC v. BAER

CASE NO.: VC065653

HEARING: 11/3/20 @ 1:30 PM

[Remote appearances are encouraged and will be given priority.]

#7

TENTATIVE ORDER

I. Plaintiffs/Cross-Defendants Meribear Production, Inc. and Merideth Baer’s motion for specific sanctions for discovery abuse and violations of multiple court orders is DENIED without prejudice.

II. Cross-Defendants Meribear Production, Inc. and Merideth Baer’s motion for summary judgment or, in the alternative, summary adjudication is CONTINUED to Tuesday, 12/22/20 at 1:30 PM in Dept. C.

III. Defendants Showroom Interiors, LLC and Showroom, Inc.’s motion for summary judgment or, in the alternative, for summary adjudication is CONTINUED to Tuesday, 12/22/20 at 1:30 PM in Dept. C.

Plaintiffs to give NOTICE.

I.¿Motion for Sanctions

Plaintiffs/Cross-Defendants Meribear Production, Inc. and Merideth Baer move for terminating sanctions, or alternatively for evidence and issue sanctions.

In opposition, Defendants/Cross-Complainants contend that the motion is a duplication of prior motions directed at the Referee. However, the court finds that the instant motion is not duplicative because it contains new evidence, such as Blum’s forensic audit and findings, and contains new requests for relief, such as issue and evidence sanctions (in addition to terminating sanctions).

Because a Discovery Referee has been appointed in this matter since September 2017, and is familiar with the discovery issues in this case, the court directs Plaintiffs/Cross-Defendants to submit the instant motion with the Discovery Referee, to recommend to this court what further action is necessary to ensure a fair trial.

While the Discovery Referee has taken an “incremental approach” and found that “the history of Defendants’ repeated failures to comply… is well documented” and “monetary sanctions are not likely to be effective,” the Referee declined to impose “sanctions other than terminating sanctions” because that issue was not before the Referee at the time. (2/21/20 Report and Recommendation and 2/28/20 Order.)

Plaintiffs are directed to submit the moving and opposing papers to the Discovery Referee. No further briefing is allowed. The court requests that the Discovery Referee make the appropriate recommendations in light of the new evidence, the fact that trial is fast approaching, and the action is nearing the 5-year mandatory dismissal deadline.

II-III. Motions for Summary Judgment

The motions for summary judgment and/or summary adjudication are CONTINUED to Tuesday, 12/22/20 at 1:30 PM in Dept. C, to allow the Discovery Referee an opportunity to submit its recommendations prior to the hearing.