Superior Court of California

County of Los Angeles

Department 50

MARLENE CORNEJO,

Plaintiff,

vs.

ATLANTIC SOLUTIONS GROUP INC., et al.

Defendants.

Case No.:

23STCV11722

Hearing Date:

October 19, 2023

Hearing Time: 10:00 a.m.

TENTATIVE RULING RE:

DEFENDANT’S MOTION FOR SANCTIONS AGAINST PLAINTIFF AND HER COUNSEL [CCP §§ 128.5, 128.7]

Background

Plaintiff Marlene Cornejo (“Plaintiff”) filed this action on May 24, 2023 against Defendants Atlantic Solutions Group Inc., doing business as Empire Workforce Solutions and Adam Kidan. The Complaint alleges causes of action for (1) declaratory relief-arbitration, (2) declaratory relief – recusal of counsel, (3) declaratory relief – profit share, (4) accounting, (5) wages, (6) wrongful termination, (7) vacation pay, and (8) unfair business practices.

Atlantic Solutions Group, Inc. d/b/a Empire Workforce Solutions and Adam R. Kidan (jointly, “Defendants”) now move for sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7 against Plaintiff and Henry J. Josefsberg, Esq. in the amount of $7,500. Plaintiff opposes.

Discussion

As an initial matter, on August 7, 2023, Defendants filed a motion to compel arbitration and to stay this matter. On October 13, 2023, the Court issued an Order granting the motion. The Court’s October 13, 2023 minute order provides, inter alia, that “[t]he Motion to Compel Arbitration filed by Adam Kidan, Atlantic Solutions Group, Inc., a Delaware corporation on 08/07/2023 is Granted. The Court hereby stays the case in its entirety.”

Conclusion

For the foregoing reasons, Defendants’ motion for sanctions is taken off calendar.

Defendants are ordered to give notice of this order.¿

DATED: October 19, 2023

________________________________

Hon. Rolf M. Treu

Judge, Los Angeles Superior Court