CTC Global Corporation v. Jason Huang et al

NOTICE OF MOTION AND MOTION for Summary Judgment as to Counterclaims

C.D. Cal.March 4, 2019

DLA PIPER LLP (US) LO S A NG EL ES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WEST\285538084.2 CTC GLOBAL’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT TAMANY J. VINSON BENTZ (SBN 258600) tamany.bentz@dlapiper.com AARON T. GOODMAN (Pro Hac Vice) aaron.goodman@dlapiper.com HECTOR COREA (SBN 318971) hector.corea@dlapiper.com DLA PIPER LLP (US) 2000 Avenue of the Stars Suite 400 North Tower Los Angeles, California 90067-4704 Tel: 310.595.3000 Fax: 310.595.3300 RICHARD J. FREY (SBN 174120) rfrey@ebglaw.com DAVID M. PRAGER (SBN 274796) dprager@ebglaw.com EPSTEIN BECKER GREEN 1925 Century Park East, Suite 500 Los Angeles, CA 90067-2506 Tel: 310.557.9513 Fax: 310.943.3304 Attorneys for Plaintiff and Counterdefendant CTC GLOBAL CORPORATION UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CTC GLOBAL CORPORATION, a Delaware corporation, Plaintiff, v. JASON HUANG, an individual, RULONG CHENG, an individual; and JIANPING HUANG a/k/a JAMES HUANG, an individual, Defendant. CASE NO. 8:17-cv-02202-AG-KES NOTICE OF MOTION AND MOTION BY CTC GLOBAL CORPORATION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT JASON HUANG, an individual, Counterclaimant, v. CTC GLOBAL CORPORATION, a Delaware Corporation, Counterdefendant. Date: April 1, 2019 Time: 10:00 a.m. Courtroom: 10D Complaint Filed: December 18, 2017 Trial Date: May 7, 2019 Case 8:17-cv-02202-AG-KES Document 162 Filed 03/04/19 Page 1 of 4 Page ID #:5386 DLA PIPER LLP (US) LO S A NG EL ES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WEST\285538084.2 1 CTC GLOBAL’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on April 1, 2019 at 10:00 a.m., or as soon thereafter as the matter may be heard before the Honorable Andrew J. Guilford, in Courtroom 10D, located at 411 West 4th Street, Santa Ana, CA 92701-4516, plaintiff and counter-defendant CTC Global Corporation ("CTC") will, and hereby does, move for summary judgment, or in the alternative partial summary judgment, pursuant to Federal Rule of Civil Procedure 56, in CTC's favor and against defendant and counterclaimant Jason Huang ("Huang"). This motion is made following the conference of counsel pursuant to L.R. 7-3 which took place on January 30, 2019. (Declaration of Tamany Bentz in Support of CTC’s Motion for Summary Judgment, ¶ 2.) This motion is made on the following grounds: Count I – Retaliation in Violation of California Labor Code § 1102.5 1. There is no genuine dispute as to any material fact and CTC Global Corporation is entitled to judgment as a matter of law on Jason Huang's claim for retaliation under California Labor Code section 1102.5 because Huang cannot establish a causal connection between his complaints about CTC's exaggerated performance specifications and an adverse employment action and therefore cannot establish a prima facie case for retaliation. 2. There is no genuine dispute as to any material fact and CTC Global Corporation is entitled to judgment as a matter of law on Jason Huang's claim for retaliation under California Labor Code section 1102.5 because Huang cannot establish a causal connection between his complaints about a bribery and price-fixing scheme in Kenya and an adverse employment action and therefore cannot establish a prima facie case for retaliation. 3. There is no genuine dispute as to any material fact and CTC Global Corporation is entitled to judgment as a matter of law on Jason Huang's claim for retaliation under California Labor Code section 1102.5 because Huang cannot rebut Case 8:17-cv-02202-AG-KES Document 162 Filed 03/04/19 Page 2 of 4 Page ID #:5387 DLA PIPER LLP (US) LO S A NG EL ES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WEST\285538084.2 2 CTC GLOBAL’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT CTC's legitimate, non-discriminatory reason for terminating his employment with a showing of pretext. Count II – Wrongful Termination in Violation of Public Policy 4. There is no genuine dispute as to any material fact and CTC Global Corporation is entitled to judgment as a matter of law on Jason Huang's claim for wrongful termination in violation of public policy because Huang cannot establish a causal connection between his complaints about CTC's exaggerated performance specifications and an adverse employment action and therefore cannot establish a prima facie case for retaliation. 5. There is no genuine dispute as to any material fact and CTC Global Corporation is entitled to judgment as a matter of law on Jason Huang's claim for wrongful termination in violation of public policy because Huang cannot establish a causal connection between his complaints about a bribery and price-fixing scheme in Kenya and an adverse employment action and therefore cannot establish a prima facie case for retaliation. 6. There is no genuine dispute as to any material fact and CTC Global Corporation is entitled to judgment as a matter of law on Jason Huang's claim for wrongful termination in violation of public policy because Huang cannot rebut CTC's legitimate, non-discriminatory reason for terminating his employment with a showing of pretext. Prayer For Attorney's Fees 7. There is no genuine dispute as to any material fact and CTC Global Corporation is entitled to judgment as a matter of law on Jason Huang's prayer for recovery of attorney's fees because there is no factual or legal basis for Huang to recover attorney's fees in this action. CTC's motion is based upon this Notice of Motion and Motion, the Memorandum of Points and Authorities in support thereof, the Declarations of Tamany J. Vinson Bentz and J.D. Sitton and exhibits attached thereto, the Statement Case 8:17-cv-02202-AG-KES Document 162 Filed 03/04/19 Page 3 of 4 Page ID #:5388 DLA PIPER LLP (US) LO S A NG EL ES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WEST\285538084.2 3 CTC GLOBAL’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT of Uncontroverted Facts and Conclusions of Law, all the papers and pleadings on file in this case, and all other evidence and argument as may be presented at the hearing on the motion. Dated: March 4, 2019 DLA PIPER LLP (US) By: /s/ Tamany J. Vinson Bentz TAMANY J. VINSON BENTZ AARON T. GOODMAN HECTOR E. COREA Attorneys for Plaintiff and Counterdefendant CTC GLOBAL CORPORATION, a Delaware corporation, and Third-party Defendants Case 8:17-cv-02202-AG-KES Document 162 Filed 03/04/19 Page 4 of 4 Page ID #:5389