Judge: Theresa M. Traber, Case: 22STCV34229, Date: 2025-06-06 Tentative Ruling

Case Number: 22STCV34229    Hearing Date: June 6, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     June 6, 2025               TRIAL DATE: NOT SET

CASE:                         Elysian Health, LLC, et al. v. Justin White, et al.

CASE NO.:                 22STCV34229           

MOTION TO ENFORCE SETTLEMENT

MOVING PARTY:               Defendants Justin White, Applied Approach Services, Inc., Deena Manion, and David Bifulco, joined by Defendants Gerry & Lisa Van Nortwick.

RESPONDING PARTY(S): Plaintiffs Modern Management Solutions, Inc., and Zachary Ament.

CASE HISTORY:

·         10/24/22: Complaint filed.

·         11/03/22: First Amended Complaint filed.

·         03/20/23: Second Amended Complaint filed.

·         08/21/23: Third Amended Complaint filed.

·         11/20/23: Fourth Amended Complaint filed.

·         02/13/24: Fifth Amended Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of fiduciary duty. Plaintiffs allege that Defendants engaged in extensive self-dealing and misappropriation of corporate assets and improperly excluded Plaintiffs from participating in the operation of nominal Defendant Elysian Health, LLC.  

Defendants White, Applied Approach Services, Inc., Manion, & Bifulco move to enforce a settlement agreement.

TENTATIVE RULING:

Defendants White, Applied Approach Services, Inc., Manion, & Bifulco move for an order dismissing this action with prejudice pursuant to a settlement agreement on the grounds that Plaintiff has failed to do so as required by the settlement’s terms. Plaintiff submitted a request for dismissal with prejudice on June 3, 2025, which appears to moot this motion.

Accordingly, Defendants’ Motion to Enforce Settlement is DENIED as moot.

            Moving Parties to give notice.

IT IS SO ORDERED.

Dated:  June 6, 2025                           ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.