BRIAN J. BERGER VS BEATCLUB, INC., ET AL.
Case Summary
Case Details
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Case Number:
********
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Filing Date:
04/04/2024
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Case Status:
Open
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Case Type:
Civil - Labor and Employment
Complaint
2. On February 1, 2023 , Mr. Berger resigned his employment (effective February 5) in writing, a copy of which is attached hereto as Exhibit 1.
3. Beatclub thereafter failed to pay Mr. Berger all (or any) owed wages, as well as wages for accrued vacation. To date, Beatclub has failed to either pay Mr. Berger his owed wages or reimburse him for expenses incurred while doing his job.
4. In addition, Beatclub has failed to stop using Mr. Berger's name and likeness on its website despite receiving multiple written requests that it not do SO.
5. At all relevant times, Mr. Berger was an individual living and working in Los Angeles County, California.
6. Beatclub is a Delaware corporation that at all relevant times was physically headquartered in and doing business in West Hollywood, Los Angeles County, with West Hollywood being its principal place of business.
7. At all relevant times, Defendant Timothy "Timbaland" Mosley was the secretary of Beatclub and a resident of Florida as well as a shareholder and managing agent of Beatclub who regularly participated in its operations.
8. At all relevant times, defendants Gary Marella resided and worked in Los Angeles County, California. Defendant Marella was a shareholder of Beatclub and his duties/positions included CEO and managing agent.
9. At all relevant times, Defendant Bobby Davidorf was a California resident living in San Francisco County. Defendant Davidorf was the chief financial officer and a managing agent of Beatclub.
10. At all relevant times, Defendant Joseph McCoy was a director of Beatclub living in Chicago, Illinois.
11. At all relevant times, Defendant Minki Synn was a director of Beatclub residing in Washington State.
12. The true names and capacities, whether individual, corporate, associate, or otherwise, of Defendants DOES 1 through 200, inclusive, are unknown to Mr. Berger, who therefore sues said Defendants by such fictitious names. Mr. Berger will seek leave of court to
Page 2amend this pleading and insert the true names and capacities of said Defendants when the same have been ascertained.
13. Mr. Berger's annual base salary at all relevant times was $250,000.
14. After issuing a scheduled regular paycheck on September 1, 2023 , Beatclub began failing to pay Mr. Berger his regular wages. It continued to do SO through January 2024 (with the only exception being payments (totaling $14,000) consisting of the following: $5,000 that Beatclub wired to Mr. Berger on October 16, 2023 ; $1,500 that Gary Marella sent to Mr. Berger via Venmo on November 15; $3,500 that Mono Music Group, Inc. (a company controlled by Defendant Marella) wired to Mr. Berger on November 15; and $4,000 that Beatclub wired to Mr. Berger on November 30 - with foregoing four payments each coming in response to Mr. Berger's requests and stated concerns about not receiving his wages).
1st Cause of Action
(Failure to Pay Wages - Against Defendant Beatclub and Does 1-50)
15. Mr. Berger incorporates 1 through 14 above. 16. For 24 weeks (starting from about September 1, 2023 through his final day of employment ( February 4, 2024 ), Defendants failed to pay Mr. Berger his regular salaried wages.
17. When Mr. Berger resigned, Beatclub owed him wages in a sum to be proved at trial but believed to be at least $101,384.61 as well as about accrued vacation pay of about $9,600.
Defendants have failed to pay Mr. Berger any of his owed wages.
18.
19. Mr. Berger has suffered damages in a sum to be proved at trial but believed to exceed $111,000. He is also entitled to recover his legal fees pursuant to Labor Code § 218.5.
Page 3
Party Details
Plaintiff
BERGER BRIAN J.
Defendants
BEATCLUB INC.
DAVIDORF BOBBY
MARELLA GARY
MCCOY JOSEPH
MOSLEY TIMOTHY "TIMBALAND" Z.
SYNN MINKI
Attorney/Law Firm Details
Plaintiff Attorney
COWAN JEFFREY
Defendant Attorney
RICHARDS THOMAS KEY
Court Documents
6/7/2024: Answer: Answer
4/4/2024: Complaint
2/20/2025: Notice : Notice of ruling entry stip order fee motion deadline
2/20/2025: Stipulation and Order : Stipulation and Order Stipulation and [Proposed] Order to Extend Plaintiffs February 3, 2025 Deadline to Move for Statutory Fees Vis a Vis Defendants and Judgment Creditors Timothy Mosley and Gary Marella
1/22/2025: Proof of Service by Substituted Service: Proof of Service by Substituted Service
1/6/2025: Stipulation and Order : Stipulation and Order Stipulation and [Proposed] Order to Extend Plaintiffs January 6, 2025 Deadline to Move for Statutory Fees Vis a Vis Defendants and Judgment Creditors Timothy Mosley and Gary Marella
12/6/2024: Stipulation and Order : Stipulation and Order to Continue December 9, 2024 Case Management Conference
11/21/2024: Memorandum of Costs (Summary): Memorandum of Costs (Summary)
11/6/2024: Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998: Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998
9/6/2024: Stipulation and Order : Stipulation and Order Stipulation and [Proposed] Protective Order
8/29/2024: Stipulation and Order : Stipulation and Order to Continue August 30, 2024 Case Management Conference
6/5/2024: Stipulation and Order : Stipulation and Order FOR DEFENDANTS BEATCLUB, INC., TIMOTHY Z. MOSLEY, AND GARY MARELLA TO RESPOND TO PLAINTIFF’S COMPLAINT
6/11/2024: Notice : Notice of Case Management Conference
5/9/2024: Proof of Service by Mail
4/10/2024: Proof of Personal Service
4/10/2024: Proof of Personal Service
4/8/2024: Notice of Case Management Conference
4/4/2024: Civil Case Cover Sheet
Docket Entries
Hearing03/21/2025 at 08:30 AM in Department 57 at 111 North Hill Street, Los Angeles, CA 90012; Case Management Conference
[-] Read LessDocketNotice of ruling entry stip order fee motion deadline; Filed by: Brian J. Berger (Plaintiff); As to: Timothy "Timbaland" Z. Mosley (Defendant); Gary Marella (Defendant)
[-] Read LessDocketStipulation and Order Stipulation and [Proposed] Order to Extend Plaintiffs February 3, 2025 Deadline to Move for Statutory Fees Vis a Vis Defendants and Judgment Creditors Timothy Mosley and Gary Marella; Signed and Filed by: Brian J. Berger (Plaintiff); As to: Timothy "Timbaland" Z. Mosley (Defendant); Gary Marella (Defendant)
[-] Read LessDocketUpdated -- Stipulation and Order Stipulation and [Proposed] Order to Extend Plaintiffs February 3, 2025 Deadline to Move for Statutory Fees Vis a Vis Defendants and Judgment Creditors Timothy Mosley and Gary Marella: Filed By: Brian J. Berger (Plaintiff); Result: Granted ; Result Date: 02/05/2025
[-] Read LessDocketProof of Service by Substituted Service; Filed by: Brian J. Berger (Plaintiff); As to: Minki Synn (Defendant); Service Cost Waived: No; Service Cost: 80.00; Proof of Mailing Date: 10/22/2024
[-] Read LessDocketStipulation and Order Stipulation and [Proposed] Order to Extend Plaintiffs January 6, 2025 Deadline to Move for Statutory Fees Vis a Vis Defendants and Judgment Creditors Timothy Mosley and Gary Marella; Signed and Filed by: Brian J. Berger (Plaintiff); As to: Brian J. Berger (Plaintiff); Timothy "Timbaland" Z. Mosley (Defendant); Gary Marella (Defendant)
[-] Read LessDocketUpdated -- Stipulation and Order Stipulation and [Proposed] Order to Extend Plaintiffs January 6, 2025 Deadline to Move for Statutory Fees Vis a Vis Defendants and Judgment Creditors Timothy Mosley and Gary Marella: Filed By: Brian J. Berger (Plaintiff); Result: Granted ; Result Date: 01/03/2025
[-] Read LessDocketUpdated -- Stipulation and Order to Continue December 9, 2024 Case Management Conference: Filed By: Brian J. Berger (Plaintiff); Result: Granted ; Result Date: 12/06/2024
[-] Read LessDocketStipulation and Order to Continue December 9, 2024 Case Management Conference; Signed and Filed by: Brian J. Berger (Plaintiff); As to: Beatclub, Inc. (Defendant); Timothy "Timbaland" Z. Mosley (Defendant); Gary Marella (Defendant)
[-] Read LessDocketPursuant to written stipulation, Case Management Conference scheduled for 12/09/2024 at 08:30 AM in Stanley Mosk Courthouse at Department 57 Not Held - Continued - Stipulation was rescheduled to 03/21/2025 08:30 AM
[-] Read LessDocketProof of Personal Service; Filed by: Brian J. Berger (Plaintiff); As to: Gary Marella (Defendant); Service Cost Waived: No; Service Cost: 100.00; Service Date: 04/07/2024
[-] Read LessDocketProof of Personal Service; Filed by: Brian J. Berger (Plaintiff); As to: Beatclub, Inc. (Defendant); Service Cost Waived: No; Service Cost: 135.00; Service Date: 04/07/2024
[-] Read LessDocketNotice of Case Management Conference; Filed by: Clerk
[-] Read LessDocketCase Management Conference scheduled for 08/30/2024 at 08:30 AM in Stanley Mosk Courthouse at Department 57
[-] Read LessDocketComplaint; Filed by: Brian J. Berger (Plaintiff); As to: Beatclub, Inc. (Defendant); Timothy "Timbaland" Z. Mosley (Defendant); Gary Marella (Defendant) et al.
[-] Read LessDocketSummons on Complaint; Issued and Filed by: Brian J. Berger (Plaintiff); As to: Beatclub, Inc. (Defendant); Timothy "Timbaland" Z. Mosley (Defendant); Gary Marella (Defendant) et al.
[-] Read LessDocketCivil Case Cover Sheet; Filed by: Brian J. Berger (Plaintiff); As to: Beatclub, Inc. (Defendant); Timothy "Timbaland" Z. Mosley (Defendant); Gary Marella (Defendant) et al.
[-] Read LessDocketAlternate Dispute Resolution Packet; Filed by: Clerk
[-] Read LessDocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk
[-] Read LessDocketCase assigned to Hon. Michael Small in Department 57 Stanley Mosk Courthouse
[-] Read LessSearch Court Records
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