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This case was last updated from Los Angeles County Superior Courts on 07/08/2019 at 20:51:01 (UTC).

POLARIS BLUE HOLDINGS LLC ET AL VS MARK FRIEDMAN ET AL

Case Summary

On 07/08/2015 POLARIS BLUE HOLDINGS LLC filed a Contract - Other Contract lawsuit against MARK FRIEDMAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7482

  • Filing Date:

    07/08/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ELIZABETH ALLEN WHITE

 

Party Details

Plaintiffs

MEYEROV DANIEL

POLARIS BLUE HOLDINGS LLC

Defendants

DOES 1 THROUGH 50

FRIEDMAN MARK

ONLYBUSINESS.COM LLC

TRIDENT GROUP INC.

Attorney/Law Firm Details

Plaintiff Attorneys

LAW OFFICES OF MARTIN L. HORWITZ P.C.

MARTIN L. HORWITZ PC

LURIE BARAK ESQ.

Defendant Attorneys

PFEIFFER THIGPEN & FITZGIBBON LLP

FITZGIBBON THOMAS N.

 

Court Documents

Minute Order

5/7/2018: Minute Order

NOTICE OF RULING

8/20/2018: NOTICE OF RULING

Minute Order

6/3/2019: Minute Order

NOTICE OF CASE MANAGEMENT CONFERENCE

7/13/2015: NOTICE OF CASE MANAGEMENT CONFERENCE

Minute Order

3/4/2016: Minute Order

JOINT STATEMENT RE PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS

5/3/2016: JOINT STATEMENT RE PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS

ONLYBUSINESS.COM, LLC'S NOTICE OF MOTION TO COMPEL [1] FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE TO POLARIS BLUE HOLDINGS, LLC, ETC

6/2/2016: ONLYBUSINESS.COM, LLC'S NOTICE OF MOTION TO COMPEL [1] FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE TO POLARIS BLUE HOLDINGS, LLC, ETC

OBJECTION TO [PROPOSED] ORDER APPOINTING A NEUTRAL ACCOUNTANT

6/10/2016: OBJECTION TO [PROPOSED] ORDER APPOINTING A NEUTRAL ACCOUNTANT

NOTICE OF RULING RE DEFENDANTS' EX PARTE APPLICATION TO SPECIALLY SET HEARINGS

6/15/2016: NOTICE OF RULING RE DEFENDANTS' EX PARTE APPLICATION TO SPECIALLY SET HEARINGS

COMBINED REPLY BRIEF OF DEFENDANTS RE [1] DEMURRER TO PLAINTIFFS' THIRD AMENDED COMPLAINT AND ETC.

6/24/2016: COMBINED REPLY BRIEF OF DEFENDANTS RE [1] DEMURRER TO PLAINTIFFS' THIRD AMENDED COMPLAINT AND ETC.

DEFENDANTS' REPLY BRIEF RE MOTION TO BIFURCATE

1/3/2017: DEFENDANTS' REPLY BRIEF RE MOTION TO BIFURCATE

NOTICE OF RULING RE: RELATED CASES

5/16/2017: NOTICE OF RULING RE: RELATED CASES

NOTICE OF RULING RE.: DEFENDANTS' MOTION FOR SECURITY AND FURTHER CASE MANAGEMENT CONFERENCE

6/1/2017: NOTICE OF RULING RE.: DEFENDANTS' MOTION FOR SECURITY AND FURTHER CASE MANAGEMENT CONFERENCE

Minute Order

8/14/2017: Minute Order

NOTICE OF ATTORNEY'S LIEN

8/22/2017: NOTICE OF ATTORNEY'S LIEN

CASE MANAGEMENT STATEMENT

9/12/2017: CASE MANAGEMENT STATEMENT

Minute Order

10/23/2017: Minute Order

164 More Documents Available

 

Docket Entries

  • 06/26/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing - Other (Final Report) - Held - Continued

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  • 06/26/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Trial Setting Conference - Held - Continued

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  • 06/26/2019
  • Minute Order ( (Hearing - Other Final Report; Trial Setting Conference)); Filed by Clerk

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  • 06/03/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Trial Setting Conference - Not Held - Continued - Court's Motion

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  • 06/03/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing - Other (Final Report) - Not Held - Continued - Court's Motion

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  • 06/03/2019
  • Certificate of Mailing for (Minute Order (Trial Setting Conference; Hearing - Other Final Report) of 06/03/2019); Filed by Clerk

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  • 06/03/2019
  • Minute Order ((Trial Setting Conference; Hearing - Other Final Report)); Filed by Clerk

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  • 05/31/2019
  • at 4:50 PM in Department 48, Elizabeth Allen White, Presiding; Court Order

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  • 03/08/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Status Conference - Held

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  • 03/08/2019
  • Minute Order ( (Status Conference)); Filed by Clerk

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410 More Docket Entries
  • 07/17/2015
  • PROOF OF SERVICE OF SUMMONS

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  • 07/17/2015
  • PROOF OF SERVICE OF SUMMONS

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  • 07/17/2015
  • Proof-Service/Summons; Filed by Polaris Blue Holdings, LLC (Plaintiff); Daniel Meyerov (Plaintiff)

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  • 07/17/2015
  • PROOF OF SERVICE OF SUMMONS

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  • 07/13/2015
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 07/13/2015
  • Notice of Case Management Conference; Filed by Clerk

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  • 07/08/2015
  • SUMMONS

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  • 07/08/2015
  • Complaint; Filed by Polaris Blue Holdings, LLC (Plaintiff); Daniel Meyerov (Plaintiff)

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  • 07/08/2015
  • COMPLAINT FOR 1. BREACH OF WRITTEN CONTRACT; ETC

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  • 07/08/2015
  • First Amended Complaint for 1. Breach of Written Contract (Operating Agreement); 2. Breach of Written Contract (Memo of Agreement); 3. Breach of Implied Covenant; 4. Fraud and Misrepresentation; 5. Negligent Misrepresentation; 6. Breach of Fiduciary etc.; Filed by Daniel Meyerov (Plaintiff); Polaris Blue Holdings, LLC (Plaintiff)

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Tentative Rulings

Case Number: BC587482    Hearing Date: October 23, 2020    Dept: 48

[TENTATIVE] ORDER RE MOTION TO DISMISS

On September 30, 2020, Defendants Mark Friedman and Trident Group, Inc. filed a motion to dismiss arguing that Plaintiff Daniel Myerov’s claims in the Fourth Amended Complaint are derivative claims and duplicate claims in related Case No. BC651099. Defendant OnlyBusiness.com, LLC joined the motion. Plaintiff argues the motion is an improper motion for reconsideration of a previously overruled demurrer.

Plaintiffs filed this action on July 8, 2015. On January 24, 2017, Plaintiffs filed the fourth amended complaint. On February 28, 2017, Defendants filed a demurrer and motion to strike. Defendants demurred on the grounds that all of Plaintiff’s claims were derivative. On March 30, 2017, the Court granted a motion to strike the ninth, tenth, and eleventh causes of action without leave to amend and sustained the demurrer to the first and third causes of action without leave to amend. The Court overruled the demurrer to the second and fourth through eighth causes of action. The Court concluded that the second cause of action was based at least in part on a direct claim. The Court stated that to eliminate derivative portions of the cause of action, Defendants should have brought a motion to strike. The Court concluded that the fourth through eight causes of action are at least in part direct claims. Trial is scheduled for January 11, 2021.

The motion to dismiss asks this Court to dismiss the second and fourth through eighth causes of action because they are derivative. Defendants state no legal basis for this Court to reconsider and reverse the decision of a different judge made 3.5 years ago. Defendants argue that the causes of action in this case and in Case No. BC651099 are duplicative. Again, Defendants cite no legal authority for a motion to dismiss based on duplicative claims. Case No. BC651099 was filed on February 17, 2017. If the claims are truly duplicative, Defendants should have demurred on that ground years ago, not long after the time to demurrer and a few months before trial.

The motion is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.

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