This case was last updated from Los Angeles County Superior Courts on 06/29/2019 at 01:30:26 (UTC).

JOSEPH PODULKA VS VNU RETAIL GROUP, LLC ET AL

Case Summary

On 01/08/2018 JOSEPH PODULKA filed a Labor - Other Labor lawsuit against VNU RETAIL GROUP, LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is NANCY L. NEWMAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8661

  • Filing Date:

    01/08/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

NANCY L. NEWMAN

 

Party Details

Plaintiff

PODULKA JOSEPH

Defendants

VNU HOLDING LLC

VNU GROUP LLC

VNU RETAIL GROUP LLC

DRORI RON

Attorney/Law Firm Details

Plaintiff Attorney

LEWIS DREW

Defendant Attorneys

HENRY S. DAVID

DAVID HENRY S.

 

Court Documents

Complaint

1/8/2018: Complaint

Summons

1/8/2018: Summons

Civil Case Cover Sheet

1/8/2018: Civil Case Cover Sheet

Legacy Document

1/12/2018: Legacy Document

Legacy Document

1/12/2018: Legacy Document

Legacy Document

2/1/2018: Legacy Document

Proof of Service (not Summons and Complaint)

2/14/2018: Proof of Service (not Summons and Complaint)

Legacy Document

2/14/2018: Legacy Document

Proof of Service (not Summons and Complaint)

3/19/2018: Proof of Service (not Summons and Complaint)

Legacy Document

4/2/2018: Legacy Document

Legacy Document

4/2/2018: Legacy Document

Case Management Statement

7/9/2018: Case Management Statement

Notice of Ruling

8/22/2018: Notice of Ruling

Substitution of Attorney

8/31/2018: Substitution of Attorney

Substitution of Attorney

8/31/2018: Substitution of Attorney

Notice of Case Reassignment and Order for Plaintiff to Give Notice

11/16/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Certificate of Mailing for

2/20/2019: Certificate of Mailing for

Minute Order

3/26/2019: Minute Order

14 More Documents Available

 

Docket Entries

  • 03/26/2019
  • at 08:30 AM in Department P; Order to Show Cause Re: Dismissal - Held

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  • 03/26/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

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  • 02/20/2019
  • at 08:30 AM in Department P; Status Conference - Held

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  • 02/20/2019
  • Certificate of Mailing for (Minute Order (Status Conference re binding arbitration) of 02/20/2019); Filed by Clerk

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  • 02/20/2019
  • Minute Order ( (Status Conference re binding arbitration)); Filed by Clerk

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  • 11/16/2018
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 08/31/2018
  • Substitution of Attorney; Filed by Attorney for Defendant

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  • 08/31/2018
  • Substitution of Attorney; Filed by RON DRORI (Defendant)

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  • 08/31/2018
  • Substitution of Attorney; Filed by VNU HOLDING, LLC (Defendant)

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  • 08/31/2018
  • Substitution of Attorney; Filed by VNU RETAIL GROUP, LLC (Defendant)

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39 More Docket Entries
  • 02/01/2018
  • First Amended Complaint; Filed by Attorney for Plaintiff

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  • 01/12/2018
  • Proof-Service/Summons; Filed by JOSEPH PODULKA (Plaintiff)

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  • 01/12/2018
  • Proof-Service/Summons; Filed by JOSEPH PODULKA (Plaintiff)

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  • 01/12/2018
  • Proof-Service/Summons; Filed by Attorney for Plaintiff

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  • 01/12/2018
  • Proof-Service/Summons; Filed by JOSEPH PODULKA (Plaintiff)

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  • 01/08/2018
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 01/08/2018
  • Complaint Filed

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  • 01/08/2018
  • Civil Case Cover Sheet

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  • 01/08/2018
  • Summons; Filed by Plaintiff

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  • 01/08/2018
  • Complaint; Filed by JOSEPH PODULKA (Plaintiff)

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Tentative Rulings

Case Number: SC128661    Hearing Date: April 27, 2021    Dept: P

Tentative Ruling

Podulka v. VNU Retail Group, Case No. SC128661

Hearing Date April 27, 2021

Plaintiff’s Motion to Withdraw from Arbitration (UNOPPOSED)

Plaintiff alleges his former employer, defendant VNU, failed to pay a contractually mandated bonus and owes him wages and reimbursements. The parties entered into contractual arbitration.

In March 2020 the arbitrator granted VNU’s attorney’s motion to be relieved, and VNU failed to secure replacement counsel or pay arbitration fees. Plaintiff alleges VNU is a defunct, insolvent corporation and seeks to withdraw from arbitration under Cal. Code of Civ. Proc. §§1281.97-1281.99, which allow a party to withdraw from arbitration if the opposing party fails to pay arbitrator fees.

Under Cal. Code of Civ. Proc. §1281.98(a), in an employment arbitration agreement, if the drafting party fails to pay arbitration fees “within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, and waives its right to compel the employee . . . to proceed with that arbitration[.]” If the drafting party materially breaches under the above section, the employee may “withdraw the claim from arbitration and proceed in a court of appropriate jurisdiction.” Cal. Code of Civ. Proc. §§1281.98(b). In the event of such a breach, sanctions are mandatory against the breaching party. Cal. Code of Civ. Proc. §1281.99.

Defendant has not paid arbitration fees. Lewis Decl. at ¶14. Defendant does not oppose the motion. Plaintiff may withdraw from arbitration under Cal. Code of Civ. Proc. §1281.98. Plaintiff also requests evidentiary or terminating sanctions but fails to argue why such remedy is currently justified. The court will consider monetary sanctions, pending filing a notice of costs and fees. GRANTED.

DUE TO THE ONGOING COVID-19 PANDEMIC PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR VIA LA COURT CONNECT.

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