Judge: Peter A. Hernandez, Case: 19STCV11614, Date: 2025-01-14 Tentative Ruling

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Case Number: 19STCV11614    Hearing Date: January 14, 2025    Dept: 34

Plaintiffs Del Records Inc., Del Entertainment Inc., Del Publishing Inc., and Jose Angel Del Villar’s Motion to Approve Bond is GRANTED.  

Background

On April 4, 2019, Plaintiffs Del Records, Inc., Del Entertainment, Inc. and Del Publishing, Inc. (“Plaintiffs”) filed a complaint against Defendants Gerardo Ortiz Medina, Badsin Music Inc., Badsin Entertainment LLC, and Badsin Publishing LLC (“Defendants”) alleging causes of action for:

1.               Breach of Contract (2012 Recording Agreement);

2.               Damages under Labor Code §2855;

3.               Declaratory Relief;

4.               Breach of Contract (Publishing Agreement);

5.               Breach of Contract (Management Agreement);

6.               Intentional Interference with Prospective Economic Advantage;

7.               Negligent Interference with Prospective Economic Advantage;

8.               Intentional Interference with Contractual Relations;

9.               Breach of Oral Agreement;

10.            Intentional Interference with Contractual Relations (“Me Quede Sin Nada”);

11.            Inducing Breach of Contract; and

12.            Intentional Interference with Prospective Economic Advantage (“Me Quede Sin

            Nada”).

On May 9, 2019, the court found that cases 19STCV11614 and 19STCV12816 are related within the meaning of California Rules of Court, rule 3.300(a).

On May 23, 2019, the court consolidated cases 19STCV11614 and 19STCV12816, designating 19STCV11614 as the lead case.

On September 11, 2019, the court overruled Defendants’ Demurrer.

On September 13, 2019, Defendants filed an answer to Plaintiffs’ complaint.

On October 10, 2019, the court granted Plaintiffs’ Motion to Stay the proceedings pending a determination of the controversy by the Labor Commissioner of issues arising under the Talent Agency Act.

On November 4, 2024, the court consolidated cases 19STCV11614, 19STCV12816, and 24LBCP00341, designating 19STCV11614 as the lead case.

On November 15, 2024, Plaintiffs filed this Motion to Approve Bond. On January 6, 2025, Plaintiffs filed a Notice of Non-Opposition to Plaintiffs’ motion. No other responsive pleading has been filed.

Legal Standard

            “In cases of controversy arising under this chapter, the parties involved shall refer the matters in dispute to the Labor Commissioner, who shall hear and determine the same, subject to an appeal within 10 days after determination, to the superior court where the same shall be heard de novo. To stay any award for money, the party aggrieved shall execute a bond approved by the superior court in a sum not exceeding twice the amount of the judgment. In all other cases the bond shall be in a sum of not less than one thousand dollars ($1,000) and approved by the superior court.

            The Labor Commissioner may certify without a hearing that there is no controversy within the meaning of this section if he or she has by investigation established that there is no dispute as to the amount of the fee due. Service of the certification shall be made upon all parties concerned by registered or certified mail with return receipt requested and the certification shall become conclusive 10 days after the date of mailing if no objection has been filed with the Labor Commissioner during that period.” (Cal. Lab. Code § 1700.44(a).)

Discussion

Plaintiffs move the court for an order approving a bond in the amount of $1,000.00 pursuant to Labor Code section 1700.44(a). (Motion, at p. 4.) Plaintiffs contend that the Labor Commissioner issued a Determination of Controversy of the Petitions on October 1, 2024. (Ibid.) Plaintiffs then appealed the determination and initiated case no. 24LBCP00341 on October 11, 2024. (Ibid.) This court then granted the parties stipulation to consolidate cases 19STCV11614, 19STCV12816, and 24LBCP00341, designating 19STCV11614 as the lead case. (Minute Order dated November 4, 2024.) Plaintiffs argue that as the Labor Commissioner’s determination does not include an award for money and instead orders an accounting of Plaintiffs’ books and records, Plaintiffs now seek the approval of a bond. (Motion, at p. 4, Exh. A.)

Plaintiffs motion is unopposed.

The court grants Plaintiffs request to approve a $1,000.00 bond as shown in Exhibit A of Plaintiffs’ motion pursuant to Labor Code section 1700.44(a).

Conclusion

Plaintiffs Del Records Inc., Del Entertainment Inc., Del Publishing Inc., and Jose Angel Del Villar’s Motion to Approve Bond is GRANTED.