Judge Holly J. Fujie, Case 22STCV11383 2022-10-26 Tentative Ruling

MOVING PARTY: Plaintiff/Cross-Defendants Awilda Gisselle Hernandez (“Hernandez”) and Glamlite, Inc. (“Glamlite”) (collectively, “Moving Cross-Defendants”)

The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

This action arises out of the deterioration of a personal and professional relationship. Hernandez initiated this matter by filing a complaint (the “Complaint”) alleging: (1) civil theft; (2) conversion; (3) tortious interference with contractual relations; (4) tortious interference with prospective economic advantage; (5) breach of fiduciary duty; (6) unfair competition; (7) accounting; (8) constructive trust; (9) identity theft; (10) invasion of privacy; (11) declaratory relief; and (12) temporary restraining order, preliminary injunction and permanent injunction.

Defendant/Cross-Complainant Khalil Brian Zaghian (“Zaghian”) filed a cross-complaint (the “XC”) alleging: (1) declaratory relief; (2) summary judgment pursuant to Corporations Code section 709; (3) abuse of process; (4) breach of oral contract; (5) breach of the implied covenant of good faith and fair dealing; (6) breach of fiduciary duty; (7) wrongful termination; (8) conversion; (9) common count for claim and delivery; (10) constructive trust and unjust enrichment; (11) common count for money had and received; (12) accounting; (12) violation of Computer Fraud and Abuse Act; (14) fraud – concealment; (15) libel per se; (16) slander per se; (17) intentional interference with prospective economic relations; (18) intentional infliction of emotional distress (“IIED”); and (19) temporary restraining order, preliminary injunction and permanent injunction.

On August 4, 2022, the Court granted a special motion to strike portions of the XC pursuant to CCP section 426.16 filed by Hernandez (the “anti-SLAPP Motion”).

On September 26, 2022, Moving Cross-Defendants filed a motion for attorney’s fees (the “Motion”) to recover fees associated with the anti-SLAPP Motion. On October 17, 2022, the parties to this action filed a stipulation to stay proceedings (the “Stipulation”) pending their participation in a private mediation session within the next 60-90 days. The Stipulation provides that the Motion is to be continued until notice that the stay is lifted is provided.

Pursuant to the Stipulation, the Court therefore CONTINUES the date of the hearing of the Motion pending notice that the stay is lifted.

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Hon. Holly J. Fujie

Judge of the Superior Court