Kleinberg v. Landmark Dividend CA2/8
Plaintiff Peter Kleinberg sued his former employer, Landmark Dividend, LLC, and related entities and individuals (collectively, defendants or Landmark), claiming defendants failed to pay him a commission in violation of the Labor Code and in breach of contract, and asserting numerous other causes of action based on the same facts. After a 31-day bench trial, the court issued a 33-page statement of decision rejecting all of plaintiff’s claims. Among a host of other detailed fact findings, the court found plaintiff’s testimony “was not credible in any respect.”
In his opening brief, plaintiff fails to comply with the rules of court. He presents a biased summary of facts to support his position, omitting many of the significant facts found by the trial court. (See Cal. Rules of Court, rule 8.204(a)(2)(C).)
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