On 06/30/2016 MERIBEAR PRODUCTIONS INC filed a Contract - Business lawsuit against BRETT BAER. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are ROGER ITO, LORI ANN FOURNIER, MARGARET MILLER BERNAL, MARGARET M. BERNAL and KENNETH R. FREEMAN. The case status is Pending - Other Pending.
****5653
06/30/2016
Pending - Other Pending
Los Angeles County Superior Courts
Norwalk Courthouse
Los Angeles, California
ROGER ITO
LORI ANN FOURNIER
MARGARET MILLER BERNAL
MARGARET M. BERNAL
KENNETH R. FREEMAN
MERIBEAR PRODUCTIONS INC
MERIDITH BAER HOME A CALIFORNIA CORP.
BAER MERIDITH AN INDIVIDUAL
BAER MERIDITH
SHOWROOM INTERIORS LLC DOE 1
SHOWROOM INC DOE 2
BAER BRETT AN INDIVIDUAL
CITY LIGHTS STAGING INC.
SHOWROOM INTERIORS LLC DOE 1
MORSE CALEB
BAER JAIME
BAER JAIME AN INDIVIDUAL
VESTA HOME DOE 1
MORSE CALEB AN INDIVIDUAL
BAER BRETT
SHOWROOM INTERIORS LLC (DOE 1)
VESTA HOME (DOE 1)
SHOWROOM INC.
SHOWROOM INC DOE 2
BARBARA A. REEVES ESQ.
REEVES BARBARA ESQ.
K&L LAW GROUP P.C.
LUBKA & WHITE
BOESCH LAW GROUP THE
KSADZHIKYAN ANNIE
BOESCH PHILIP WENDEL JR
LEVINSON ARSHONSKY & KURTZ LLP
LAZO MARC YOUSSEF
BERGLUND KEITH WILLIAM
WILSON KEADJIAN BROWNDORF
THE BERGLUND GROUP
SCHWARTZ RICHARD ADAM
MADNICK H. MARK
REISS SAUL
AMEZCUA-MOLL & ASSOCIATES P.C.
NOWELS SARAH JANE
PUGH FIROUZEH
8/6/2020: Notice of Lodging - NOTICE OF LODGING DOCUMENTS UNDER SEAL IN SUPPORT OF PLAINTIFF'S OPPOSITION TO SHOWROOM DEFENDANTS' MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION
8/6/2020: Declaration - DECLARATION OF PHILIP W. BOESCH, JR., IN SUPPORT OF PLAINTIFF'S OPPOSITION TO SHOWROOM DEFENDANTS' MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION (REDACTED)
7/3/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER TO SPECIALLY SET CO...)
7/18/2019: Order - ORDER RULING ON SUBMITTED MATTER
8/20/2019: Objection - OBJECTION TO REPORT AND RECOMMENDATION RE PAYMENT OF DISCOVERY REFEREE FEES ADVANCED BY PLAINTIFF
3/25/2020: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)
4/6/2020: Appeal - Notice of Appeal/Cross Appeal Filed
5/31/2019: Notice - NOTICE OF ENTRY OF ORDER TERMINATING AUTOMATIC BANKRUPTCY STAY
7/19/2017: Order -
7/31/2018: Cross-Complaint -
9/11/2018: Objection -
9/24/2018: Notice of Ruling -
10/22/2018: Motion for Sanctions - Motion for Sanctions Against Third Party Murray Blank due to Non-Compliance with this Court's Orders and Motion to Compel Further Compliance
11/6/2018: Opposition - Opposition to Defendants Brett Baer, City Lights Staging Inc, Jaime Baer and Caleb Morse's Motion to Strike the Third Amended Complaint; Declaration of Annie Ksadzhikyan in support thereo
11/14/2018: Minute Order - Minute Order (Hearing on Motion for Order relieving discovery referee from ...)
11/14/2018: Ex Parte Application - Ex Parte Application for an order continuing the hearing on defendant Showroom Interiors, LLC's Motion to Strike
11/14/2018: Stipulation and Order - Stipulation and Order for continuance of hearing on defendant Showroom Interiors, LLC's demurrer and motion to Strike plaintiff's third amended complaint
4/19/2019: Reply - REPLY DECLARATION OF KEITH W. BERGLUND IN SUPPORT OF DEFENDANT SHOWROOM INTERIORS, LLC'S EX PART APPLICATION TO DISQUALIFY BARBARA REEVES AS DISCOVERY REFEREE
Hearing07/01/2021 at 10:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel Further Discovery Responses
Hearing07/01/2021 at 10:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel Further Discovery Responses
Hearing03/01/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Jury Trial
Hearing02/16/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Final Status Conference
Hearing02/01/2021 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Mandatory Settlement Conference (MSC)
Hearing01/12/2021 at 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion for Summary Judgment
Hearing01/12/2021 at 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion for Summary Judgment
Docketat 1:30 PM in Department C; Hearing on Motion for Summary Judgment - Not Held - Continued - Court's Motion
Docketat 1:30 PM in Department C; Hearing on Motion for Summary Judgment (filed by Plaintiff) - Not Held - Continued - Court's Motion
DocketMinute Order ( (Hearing on Motion for Summary Judgment filed by Plaintiff; He...)); Filed by Clerk
DocketRtn of Service of Summons & Compl (BY SUBSTITUTED SERVICE ON 07/06/16 ); Filed by Attorney for Plaintiff
DocketRtn of Service of Summons & Compl; Filed by MERIBEAR PRODUCTIONS INC (Plaintiff)
DocketNotice of Case Management Conference; Filed by Clerk
DocketSummons; Filed by Plaintiff
DocketComplaint filed-Summons Issued
DocketNotice-Case Management Conference; Filed by Clerk
DocketSummons Filed; Filed by Attorney for Plaintiff
DocketComplaint filed-Summons Issued; Filed by Attorney for Plaintiff
DocketOpposition (TO MOTION FOR PROTECTIVE ORDER RESTRICTING DISCOVERY, REQUEST FOR SANCTIONS IN THE AMT. OF $3,150. AGAINST PLAINTIFF AND ITS COUNSEL OF RECORD; ); Filed by Attorney for Plaintiff
DocketOpposition; Filed by MERIBEAR PRODUCTIONS INC (Plaintiff); MERIDITH BAER HOME a California corp. (Plaintiff)
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.
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