This case was last updated from Los Angeles County Superior Courts on 07/27/2019 at 01:53:42 (UTC).

DIAMOND PEO, LLC. VS. MICHELLE ANDERSON

Case Summary

On 02/21/2018 DIAMOND PEO, LLC filed a Personal Injury - Assault/Battery/Defamation lawsuit against MICHELLE ANDERSON. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are LORI ANN FOURNIER, MARGARET M. BERNAL, MEYERS, PATRICK and MARGARET MILLER BERNAL. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6941

  • Filing Date:

    02/21/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Assault/Battery/Defamation

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LORI ANN FOURNIER

MARGARET M. BERNAL

MEYERS, PATRICK

MARGARET MILLER BERNAL

 

Party Details

Plaintiffs

DIAMOND PEO LLC

OMEGA COMMUNITY LABOR ASSOCIATION

LAKE VERONICA

DIAMOND ZB STAFFING SERVICES LLC

Defendant

ANDERSON MICHELLE

Attorney/Law Firm Details

Plaintiff Attorneys

MANOCK LAW

MANOCK CHARLES KENDALL

Defendant Attorney

FU EUGENE SOLOMON

 

Court Documents

Notice of Case Management Conference

2/21/2018: Notice of Case Management Conference

Civil Case Cover Sheet

2/21/2018: Civil Case Cover Sheet

Summons

2/21/2018: Summons

Legacy Document

2/21/2018: Legacy Document

Legacy Document

3/14/2018: Legacy Document

Minute Order

3/14/2018: Minute Order

Legacy Document

3/14/2018: Legacy Document

Legacy Document

3/14/2018: Legacy Document

Legacy Document

3/14/2018: Legacy Document

Minute Order

3/21/2018: Minute Order

Legacy Document

3/21/2018: Legacy Document

Legacy Document

3/21/2018: Legacy Document

Proof of Service (not Summons and Complaint)

3/21/2018: Proof of Service (not Summons and Complaint)

Minute Order

3/29/2018: Minute Order

Minute Order

4/11/2018: Minute Order

Legacy Document

4/13/2018: Legacy Document

Minute Order

4/13/2018: Minute Order

Minute Order

8/21/2018: Minute Order

14 More Documents Available

 

Docket Entries

  • 07/25/2019
  • at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Trial Setting Conference - Held

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  • 07/25/2019
  • at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Order to Show Cause Re: (regarding answer/responsive pleading) - Held

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  • 07/25/2019
  • Minute Order ( (Order to Show Cause Re: regarding answer/responsive pleading ...)); Filed by Clerk

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  • 07/25/2019
  • Certificate of Mailing for ((Order to Show Cause Re: regarding answer/responsive pleading ...) of 07/25/2019); Filed by Clerk

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  • 04/16/2019
  • at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Order to Show Cause Re: (regarding answer/responsive pleading) - Held - Continued

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  • 04/16/2019
  • at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Trial Setting Conference - Held - Continued

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  • 04/16/2019
  • Minute Order ( (Trial Setting Conference; Order to Show Cause Re: regarding a...)); Filed by Clerk

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  • 02/11/2019
  • at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Order to Show Cause Re: (as to why the case should not be dismissed for parties' failure to appeaer on 11/30/18) - Held

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  • 02/11/2019
  • Minute Order ( (Order to Show Cause Re: as to why the case should not be dism...)); Filed by Clerk

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  • 02/07/2019
  • Declaration (of Charles K. Manock re:Order to Show Cause re:Answer to Responsive Pleading/Default); Filed by DIAMOND PEO, LLC (Plaintiff); DIAMOND ZB STAFFING SERVICES, LLC (Plaintiff); VERONICA LAKE (Plaintiff) et al.

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38 More Docket Entries
  • 03/14/2018
  • Declaration; Filed by DIAMOND PEO, LLC (Plaintiff); DIAMOND ZB STAFFING SERVICES, LLC (Plaintiff); VERONICA LAKE (Plaintiff) et al.

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  • 03/14/2018
  • Minute order entered: 2018-03-14 00:00:00; Filed by Clerk

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  • 03/14/2018
  • Order (EX PARTE HEARING ); Filed by Attorney for Plaintiff

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  • 02/21/2018
  • Summons; Filed by DIAMOND PEO, LLC (Plaintiff); DIAMOND ZB STAFFING SERVICES, LLC (Plaintiff); VERONICA LAKE (Plaintiff) et al.

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  • 02/21/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 02/21/2018
  • Civil Case Cover Sheet; Filed by DIAMOND PEO, LLC (Plaintiff)

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  • 02/21/2018
  • Complaint filed-Summons Issued; Filed by Attorney for Plaintiff

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  • 02/21/2018
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 02/21/2018
  • Notice-Case Management Conference; Filed by Clerk

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  • 02/21/2018
  • Complaint filed-Summons Issued; Filed by DIAMOND PEO, LLC (Plaintiff); DIAMOND ZB STAFFING SERVICES, LLC (Plaintiff); VERONICA LAKE (Plaintiff) et al.

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Tentative Rulings

Case Number: VC066941    Hearing Date: December 17, 2020    Dept: C

DIAMOND PEO, LLC v. ANDERSON

CASE NO.:  VC066941

HEARING:  12/17/2020

JUDGE: OLIVIA ROSALES

#4

TENTATIVE ORDER

Plaintiffs DIAMOND PEO, LLC; DIAMOND ZB STAFFING SERVICES, LLC; and LAKE’s Motion for Entry of Judgment Pursuant to Settlement is GRANTED. Plaintiffs are entitled to Judgment against Defendant Anderson in the sum of $20,000.00. Plaintiffs are also entitled to attorney’s fees in the sum of $1,950.00 pursuant to ¶14 of the Settlement Agreement.

Plaintiffs are ORDERED to submit a Judgment in accordance with this Ruling.

Moving Party(s) to give Notice.

Plaintiffs DIAMOND PEO, LLC; DIAMOND ZB STAFFING SERVICES, LLC; and LAKE move to enter Judgment pursuant to CCP §664.6.

If parties to a pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP §664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810-812.)

The Court finds that the Settlement Agreement signed on 9/18/19 is sufficiently definite and has been signed by the parties. (Reply, Atalla Decl., Ex. A.) ¶5 specifically provides that the “lawsuit has been settled pursuant to Code Civ. Proc. §664.6, and the parties request that the court retain jurisdiction over them to enforce the settlement.”

The parties agreed that “Michelle Anderson will refrain from publishing any statements about the Diamond Parties.” (Id. at ¶4.) ¶¶5(a) and (b) provide that “Michelle Anderson agrees to judgment in The Lawsuit for the amount of $20,000.00.. The Diamond Parties agree they will not seek actual entry of judgment unless and until Michelle Anderson violates the terms of the agreement by publishing statements about” the Diamond Parties. ¶ 14 allows recovery of attorney’s fees to the prevailing party who seeks to enforce any right created by the settlement agreement.

Accordingly the motion is GRANTED.

Plaintiffs are entitled to judgment against Defendant Anderson in the sum of $20,000.00. Plaintiffs are also entitled to attorney’s fees in the sum of $1,950.00 pursuant to ¶ 14 of the settlement agreement.

Plaintiffs are ORDERED to submit a judgment in accordance with this ruling.

Case Number: VC066941    Hearing Date: September 29, 2020    Dept: C

DIAMOND PEO, LLC v. ANDERSON

CASE NO.:  VC066941

HEARING 9/29/20

JUDGE: OLIVIA ROSALES

#5

TENTATIVE ORDER

Plaintiffs Diamond Peo, LLC, Diamond ZB Staffing Services, LLC, and Lake’s motion for entry of judgment pursuant to settlement is GRANTED. Plaintiffs are entitled to judgment against Defendant Anderson in the sum of $20,000.00. Plaintiffs are also entitled to attorney’s fees in the sum of $1,950.00 pursuant to ¶ 14 of the settlement agreement.

Plaintiffs are ORDERED to submit a judgment in accordance with this ruling.

Moving Parties to give NOTICE.

Plaintiffs Diamond Peo, LLC, Diamond ZB Staffing Services, LLC, and Lake move to enter judgment pursuant to CCP § 664.6.

If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810-812.)

The Court finds that the Final Settlement Agreement signed on 9/18/19 is sufficiently definite and signed by the parties. (Reply, Atalla Decl., Ex. A.) ¶ 5 specifically provides that the “lawsuit has been settled pursuant to Code Civ. Proc. §664.6, and the parties request that the court retain jurisdiction over them to enforce the settlement.” (Reply, Atalla Decl., Ex. A, ¶ 5.)

The parties agreed that “Michelle Anderson will refrain from publishing any statements about the Diamond Parties.” (Id. at ¶ 4.) ¶¶ 5(a) and (b) provide that “Michelle Anderson agrees to judgment in The Lawsuit for the amount of $20,000.00… The Diamond Parties agree they will not seek actual entry of judgment unless and until Michelle Anderson violates the terms of the agreement by publishing statements about” the Diamond Parties. ¶ 14 allows recovery of attorney’s fees to the prevailing party who seeks to enforce any right created by the settlement agreement.

In opposition, Plaintiff contends that the settlement agreement attached to the motion as Ex. A does not state an amount that Defendant agreed to pay. However, Plaintiff stated in its reply that it inadvertently included a settlement agreement executed on 4/8/19, instead of the Final Settlement Agreement signed on 9/18/19. The court finds that the April Settlement Agreement is not signed by all of the parties, and therefore unenforceable.

Defendant does not dispute signing the Final Settlement Agreement attached to the Reply. Instead, Defendant contends that the Final Settlement agreement is invalid because Omega Community Labor Association did not sign the agreement. However, Plaintiff attaches Omega Community Labor Association’s signature to its Amended Reply. (Attalla Decl., Ex. A.) The September Final Settlement Agreement is valid and enforceable.

Because Defendant published damaging statements about Plaintiffs Diamond Peo, LLC, Diamond ZB Staffing Services, LLC, and Veronica Lake, and not about Co-Plaintiff Omega Community Labor Association, no allocation between Plaintiffs is required. Plaintiffs Diamond Peo, LLC, Diamond ZB Staffing Services, LLC, and Veronica Lake are entitled to a $20,000 Judgment because Defendant violated the settlement terms as to these Plaintiffs.

Defendant also contends that she did not post the LinkedIn postings because her account was hacked. (Anderson Decl., ¶ 3.) It is not credible to this court that a random hacker would post information specifically dealing with the subject matter of this lawsuit and the parties therein.

Defendant speculates that “a few associates” that she terminated went to work for Veronica Lake and had managed her social media, and they may still have her passwords. (Id. at ¶ 5.) Defendant does not identify these “associates,” and does not provide any evidentiary proof supporting her speculation.

Accordingly, the motion is GRANTED.

Plaintiffs are entitled to judgment against Defendant Anderson in the sum of $20,000.00. Plaintiffs are also entitled to attorney’s fees in the sum of $1,950.00 pursuant to ¶ 14 of the settlement agreement.

Plaintiffs are ORDERED to submit a judgment in accordance with this ruling.

Case Number: VC066941    Hearing Date: August 04, 2020    Dept: C

DIAMOND PEO, LLC v. ANDERSON

CASE NO.:  VC066941

HEARING 8/4/20

JUDGE: RAUL A SAHAGUN

#4

TENTATIVE ORDER

Plaintiffs Diamond Peo, LLC, Diamond ZB Staffing Services, LLC, and Lake’s motion for entry of judgment pursuant to settlement is GRANTED. Plaintiffs are entitled to judgment against Defendant Anderson in the sum of $20,000.00. Plaintiffs are also entitled to attorney’s fees in the sum of $1,950.00 pursuant to ¶ 14 of the settlement agreement.

Plaintiffs are ORDERED to submit a judgment in accordance with this ruling.

Moving Parties to give NOTICE.

Plaintiffs Diamond Peo, LLC, Diamond ZB Staffing Services, LLC, and Lake move to enter judgment pursuant to CCP § 664.6.

If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810-812.)

The Court finds that the Settlement Agreement signed on 9/18/19 is sufficiently definite and signed by the parties. (Reply, Atalla Decl., Ex. A.) ¶ 5 specifically provides that the “lawsuit has been settled pursuant to Code Civ. Proc. §664.6, and the parties request that the court retain jurisdiction over them to enforce the settlement.”

The parties agreed that “Michelle Anderson will refrain from publishing any statements about the Diamond Parties.” (Id. at ¶ 4.) ¶¶ 5(a) and (b) provide that “Michelle Anderson agrees to judgment in The Lawsuit for the amount of $20,000.00… The Diamond Parties agree they will not seek actual entry of judgment unless and until Michelle Anderson violates the terms of the agreement by publishing statements about” the Diamond Parties. ¶ 14 allows recovery of attorney’s fees to the prevailing party who seeks to enforce any right created by the settlement agreement.

Accordingly, the motion is GRANTED.

Plaintiffs are entitled to judgment against Defendant Anderson in the sum of $20,000.00. Plaintiffs are also entitled to attorney’s fees in the sum of $1,950.00 pursuant to ¶ 14 of the settlement agreement.

Plaintiffs are ORDERED to submit a judgment in accordance with this ruling.

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