CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
REQUEST FOR DISMISSAL
REQUEST FOR DISMISSAL
A Request for Dismissal for the above-captioned action is submitted as follows:
1. TO THE CLERK: Please dismiss this action as follows:
a. Party filing this request:
This Request for Dismissal is filed jointly by both parties to this action: (1) Plaintiff and Cross-Defendant Gavin Aldrich, by and through his counsel of record, Cameron Whitfield (SBN 198463), of Whitfield & Associates, 9465 Wilshire Boulevard, Suite 320, Beverly Hills, CA 90212, telephone (310) 555-8900, email cwhitfield@whitfieldlaw.com; and (2) Defendant and Cross-Complainant Aurelius Media Americas Inc., a Delaware corporation, by and through its counsel of record, Renata Vasquez (SBN 224578), of Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, CA 90017, telephone (213) 555-7200, email rvasquez@calderwoodharkness.com.
This Request is filed concurrently by counsel for both parties and reflects the mutual agreement of all parties to the litigation.
2. Scope of Dismissal
Entire action of all parties and all causes of action.
Other (specify): ___________
This dismissal encompasses the entirety of the action captioned Aldrich v. Aurelius Media Americas Inc., Case No. 22STCV41087, pending before the Superior Court of the State of California, County of Los Angeles, Central District, and assigned to the Honorable Catherine Villanueva, Department 52. Specifically, the scope of this dismissal includes the following:
(i) The Complaint filed by Gavin Aldrich on December 9, 2022, asserting the following causes of action against Defendant Aurelius Media Americas Inc.:
(1) First Cause of Action — Wrongful Termination in Violation of Public Policy;
(2) Second Cause of Action — Breach of Contract (Employment Agreement dated September 5, 2017, as amended August 1, 2020);
(3) Third Cause of Action — Breach of the Implied Covenant of Good Faith and Fair Dealing;
(4) Fourth Cause of Action — Declaratory Relief Regarding the Enforceability of the Restrictive Covenant (Employment Agreement § 9.4);
(5) Fifth Cause of Action — Violation of California Labor Code § 2802 (Indemnification of Necessary Expenditures).
(ii) The Cross-Complaint filed by Aurelius Media Americas Inc. on January 20, 2023, asserting the following causes of action against Cross-Defendant Gavin Aldrich:
(1) First Cause of Action — Breach of Employment Agreement §§ 9.2, 9.3, and 9.4 (Non-Disclosure, Non-Solicitation, and Non-Competition Covenants);
(2) Second Cause of Action — Misappropriation of Trade Secrets Under the California Uniform Trade Secrets Act, Cal. Civ. Code § 3426 et seq. (CUTSA);
(3) Third Cause of Action — Breach of Fiduciary Duty;
(4) Fourth Cause of Action — Conversion.
All causes of action asserted in the Complaint and Cross-Complaint, and all claims, counterclaims, cross-claims, and defenses of every nature between and among the parties to this action, are included within the scope of this dismissal.
3. Type of Dismissal
With prejudice
Without prejudice
This dismissal is with prejudice, meaning that no party may re-file or re-assert any of the claims, causes of action, or cross-claims that are the subject of this dismissal. The dismissal with prejudice is made pursuant to the Stipulation for Dismissal with Prejudice executed by both parties and filed with this Court on January 26, 2024.
4. Terms of Dismissal
The terms and conditions governing this dismissal are as follows:
(a) Each party shall bear its own costs of suit and attorneys' fees. No party shall seek to recover from any other party any costs, expenses, fees, or disbursements of any kind incurred in connection with this action, including but not limited to filing fees, deposition costs, expert witness fees, discovery costs, or attorneys' fees.
(b) This dismissal is made pursuant to the Stipulation for Dismissal with Prejudice dated January 26, 2024, which was executed by Plaintiff/Cross-Defendant Gavin Aldrich, through his counsel Cameron Whitfield of Whitfield & Associates, and by Defendant/Cross-Complainant Aurelius Media Americas Inc., through its counsel Renata Vasquez of Calderwood & Harkness LLP, and filed with this Court on the same date.
(c) Pursuant to the parties' Stipulation for Dismissal with Prejudice filed January 26, 2024, the Court shall retain jurisdiction to enforce the terms of the parties' settlement agreement under California Code of Civil Procedure § 664.6. The parties have stipulated to the Court's continuing jurisdiction for this limited purpose, and the terms governing the Court's retention of jurisdiction are set forth in the Stipulation filed January 26, 2024, which is incorporated herein by this reference.
5. Identification of All Actions Being Dismissed
A. The Complaint — *Aldrich v. Aurelius Media Americas Inc.*
Plaintiff: Gavin Aldrich, an individual. Mr. Aldrich is a resident of the State of California and formerly held the position of Senior Vice President of Original Content and Executive Producer at Aurelius Media Americas Inc. Mr. Aldrich's residence address is 1140 Tower Road, Beverly Hills, CA 90210. Plaintiff is represented by counsel of record: Cameron Whitfield, Whitfield & Associates, 9465 Wilshire Boulevard, Suite 320, Beverly Hills, CA 90212, telephone (310) 555-8900.
Defendant: Aurelius Media Americas Inc., a corporation organized and existing under the laws of the State of Delaware, with its principal place of business and principal office located at 8500 Sunset Boulevard, Suite 1400, West Hollywood, CA 90069. Defendant is represented by counsel of record: Renata Vasquez, Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, CA 90017, telephone (213) 555-7200.
The Complaint arose from the termination of Mr. Aldrich's employment with Aurelius Media Americas Inc. on or about October 14, 2022, and asserted five causes of action as enumerated in Section 2 above.
B. The Cross-Complaint — *Aurelius Media Americas Inc. v. Aldrich*
Cross-Complainant: Aurelius Media Americas Inc., a Delaware corporation, with its principal office at 8500 Sunset Boulevard, Suite 1400, West Hollywood, CA 90069. Represented by Renata Vasquez, Calderwood & Harkness LLP.
Cross-Defendant: Gavin Aldrich, an individual, residing at 1140 Tower Road, Beverly Hills, CA 90210. Represented by Cameron Whitfield, Whitfield & Associates.
The Cross-Complaint asserted four causes of action as enumerated in Section 2 above, arising from Mr. Aldrich's alleged breach of the Employment Agreement dated September 5, 2017, as amended August 1, 2020, and related claims of misappropriation of trade secrets, breach of fiduciary duty, and conversion.
6. Reference to Governing Stipulation and Settlement
This Request for Dismissal is filed pursuant to and in accordance with the Stipulation for Dismissal with Prejudice filed with this Court on January 26, 2024. The Stipulation was executed by both parties following the execution of the Settlement Agreement and Mutual Release between Gavin Aldrich and Aurelius Media Americas Inc. (the "Aldrich Settlement Agreement and Mutual Release"), which was fully executed on January 19, 2024.
The settlement embodied in the Aldrich Settlement Agreement and Mutual Release resolved all claims and cross-claims between Gavin Aldrich and Aurelius Media Americas Inc. in their entirety, including but not limited to: (i) all claims arising from Mr. Aldrich's termination from his position as Senior Vice President of Original Content and Executive Producer on October 14, 2022; (ii) all claims for wrongful termination in violation of public policy, breach of contract, breach of the implied covenant of good faith and fair dealing, declaratory relief regarding restrictive covenants, and violations of California Labor Code § 2802, as alleged in the Complaint; and (iii) all claims for breach of the Employment Agreement (dated September 5, 2017, as amended August 1, 2020), specifically Sections 9.2 (Non-Disclosure), 9.3 (Non-Solicitation), and 9.4 (Non-Competition), misappropriation of trade secrets under the California Uniform Trade Secrets Act (Cal. Civ. Code § 3426 et seq.), breach of fiduciary duty, and conversion, as alleged in the Cross-Complaint.
The terms of the Aldrich Settlement Agreement and Mutual Release are confidential and are not filed with this Court. The Stipulation for Dismissal with Prejudice filed January 26, 2024, governs the terms upon which this dismissal is entered, including the Court's retention of jurisdiction under California Code of Civil Procedure § 664.6 to enforce the terms of the settlement.
7. Date and Signatures
The undersigned attorneys for the respective parties hereby request that the Clerk of the Superior Court enter this dismissal of the entire action, including the Complaint and the Cross-Complaint, with prejudice, in accordance with the foregoing terms.
DATED: January 29, 2024
WHITFIELD & ASSOCIATES Attorneys for Plaintiff and Cross-Defendant GAVIN ALDRICH
By: ________
Name: Cameron Whitfield
State Bar No.: 198463 Firm: Whitfield & Associates
Address: 9465 Wilshire Boulevard, Suite 320
Beverly Hills, CA 90212 Telephone: (310) 555-8900
Date: January 29, 2024
CALDERWOOD & HARKNESS LLP Attorneys for Defendant and Cross-Complainant AURELIUS MEDIA AMERICAS INC.
By: ________
Name: Renata Vasquez
State Bar No.: 224578 Firm: Calderwood & Harkness LLP
Address: 777 South Flower Street, Suite 4200
Los Angeles, CA 90017 Telephone: (213) 555-7200
Date: January 29, 2024
CLERK'S CERTIFICATE (For Court Use Only)
This Request for Dismissal was filed and the dismissal entered on the docket of the Superior Court of the State of California, County of Los Angeles, on the date indicated below.
Clerk of the Superior Court County of Los Angeles
By: ________
Deputy Clerk
Date: ________
Judicial Council of California, Form CIV-110 [Rev. January 1, 2023] — Request for Dismissal — Page 1 of 1
FOR COURT USE ONLY
FILED
Superior Court of California
County of Los Angeles
January 29, 2024
Clerk of the Superior Court
By: _____, Deputy
Case No. 22STCV41087
| Name: | Renata Vasquez (SBN 224578) |
| Firm: | Calderwood & Harkness LLP |
| Street Address: | 777 South Flower Street, Suite 4200 |
| City, State, ZIP: | Los Angeles, CA 90017 |
| Telephone No.: | (213) 555-7200 |
| Fax No.: | (213) 555-7201 |
| Email Address: | rvasquez@calderwoodharkness.com |
| Attorney for: | Defendant and Cross-Complainant Aurelius Media Americas Inc. |
| Street Address: | 111 N. Hill Street |
| City and ZIP Code: | Los Angeles, CA 90012 |
| Branch Name: | Central District |
| PLAINTIFF/PETITIONER: | GAVIN ALDRICH |
| DEFENDANT/RESPONDENT: | AURELIUS MEDIA AMERICAS INC. |
| Case Number: | 22STCV41087 |
| Assigned for all purposes to: | Hon. Catherine Villanueva, Dept. 52 |
| Case Number: | 22STCV41087 |
| Date Filed: | December 9, 2022 |
| Court: | Superior Court of California, County of Los Angeles, Central District |
| Assigned Judge: | Hon. Catherine Villanueva, Dept. 52 |
| Case Number: | 22STCV41087 (same action) |
| Date Filed: | January 20, 2023 |
| Case Number: | 22STCV41087 |
| Case Title: | Aldrich v. Aurelius Media Americas Inc. |
| Date of Filing: | January 29, 2024 |
| Dismissal Entered: | Yes |
| Type: | With Prejudice — Entire Action |
| Clerk: | Clerk of the Superior Court, County of Los Angeles |