Not stated v. Not stated

that the clause should not be given effect. (Id. at p. 76.) They have not met that burden. Yes, MP filed the Delaware action before MP and Abdou filed the California action and there is some overlap between the two actions. But neither of these facts compels the Court to conclude that the California action should be stayed at this time in favor of the Delaware action. Fourth, none of the claims in the Delaware arise from the Working Capital Settlement Agreement, which is the foundation for three of the claims in the California action.

Fifth, aside from the claims under the Employment Agreement and Working Capital Settlement, Abdou assets in the California action three other claims that are personal to him -- claims for defamation, intentional infliction of emotional distress, and failure to pay wages in violation of the California Labor Code -- that MP cannot assert in the Delaware action. Defendants shall file a response to the Plaintiffs' Complaint within 21 days of this order. The case management conference that is on calendar today is continued to December 2, 2026 at 8:30 a.m.

sustain with leave to amend the unopposed demurrer of Defendant and to grant with leave to amend the unopposed motion to strike of the Defendant. | Home -->)" -->