Entrepreneur/Actor Kevin L. Walker has refiled a lawsuit against his former employee Karina Noelle Castillo for, (1) material breaches of contract (2)fraudulent misrepresentation (3) False promises (4) Theft & Misappropriation of company secrets, information & resources. (5) Corporate espionage (6)Tortious interference (7) more.
As Entertainment Heat previous reported, Walker presents evidence proving Karina Noelle Castillo willfully breached her contract, stole company secrets, committed fraud, corporate espionage with her mother (Bell Hernandez: who is also named on the lawsuit) and continues to lie and manipulate the truth.
Noelle Castillo claims her mother started the business with some “unknown person,” and it wasn’t her the founded the company and that she simply coincidentally works for the company, which her mother so-happens to own. Despite the company never existing prior to Noelle working for Walker.
Walker previously filed a lawsuit for $10,000, stating Castillo materially breached her contract, by working for Walker for 2-3 months, stealing his company secrets and “secret sauce,” and setting up a clone business nearby. The lawsuit was dismissed on a technicality where the lawsuit needed to be on behalf of the company (The Creation Station Studios Inc), not personally Walker himself.
Walker expeditiously refiled his lawsuit the same day, thus Noelle and Walker are scheduled to appear in court to discuss these matters.
Noelle recently appeared in court as a witness for her previous co-worker Alexis B. Santiago. Santiago tried out Noelle’s defense, presenting a cookie cut/copy and pasted version of the same exact defense Noelle is using, minus the seeming lie that “she is not a founder, only an employee.”
Noelle testified that she and Santiago both did in fact consider their contract with Walker to “void” despite there being a severability clause, and the fact that the contract was indeed valid. Noelle and Santiago both testified that they did indeed signed a contract with Walker’s company and that they did indeed start their own businesses:
- Fire + Ice Creative Studios: Noelle’s business
- Ascend Acting Studios: Santiago’s business
A complete contradiction to what Noelle is stating in her own case and seemingly a complete admission of guilt to Walker’s claim that she did start her own company, where Noelle currently states that she is merely an employee. Additionally, Walker mentioned in court that one point Noelle even slipped up and listed herself on the company’s website as a “co-founder.”
Noelle’s Person website biography:
As an end result of Santiago’s case, the judge found Santiago and Noelle to be in complete violation of the contract their signed, and issued a judgement against Santiago for the full amount, in favor of Walker.
Oddly enough, Noelle will now try her same argument in her own new case, which already lost. Noelle now has admitted in court that she did indeed start her own business, because she thought the contract was void, so to argue the same thing would seemingly be willfully committing perjury.
Penal Code 118 PC is the California statute that defines the act and crime of perjury. A person commits this offense by deliberately giving false information while under oath (penalty of perjury). A conviction a felony that carries a penalty of up to 4 years in jail or prison.
The language of 118 PC states that “every person who, having taken an oath that he or she will testify…before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false…is guilty of perjury.””
Walker also recently sued former employee Gianna Rose Ditullio for similar charges, which resulted in the business closing doors and thousands being paid to Walker in damages.
SEE RELATED ARTICLE: “Kevin L. Walker Awarded $257,000 in lawsuit against Vigilante Diaries Producers.“
Quick Comparison of the two Companies:
The Creation Station Studios
Fire + Ice Creative Studios
In researching, the “Fire + Ice Creative Studios” was purchased on within the first 30 days (08/05/2019) of her employment being terminated with The Creation Station Studios on, approximately 07/11/2019.
The Creation Station Studios has been around as early as at least February 06, 2016, when it first began using the domain “www.thecstation.com.” They have since migrated to “www.thecreationstationstudios.com” in 2017, of which www.thecstation.com forwards to.
Additionaly, it appears pretty clear what the outcome will be, given California does hold non-competes valid outside of the “employer-employee” context, per recent ruling by the California court of appeals.
In Ixchel Pharma LLC v. Biogen, Inc., the district court ruled that section 16600 (which renders non-competes invalid in California pertaining to the employer-employee context), does not apply outside of the employer-employee context, and the court dismissed the case.
The total amount of damages, depends on damages that can be calculated, whether a liquidated damages clause exists, and a number of other factors, but it can easily be calculated.
In Cherne Indus., Inc. c. Ground & Associates, the plaintiff was awarded $49,322.72, when the defendant and former employe, started up their own similar company using trade secrets and client lists: seemingly identical to this situation.
$138,000 pursuant to a liquidated damages clause in a professional services firm (BDO Seidman v. Hirshberg); and
$25,000 pursuant to a liquidated damages clause in a clinic (Raymundo v. Hammond Clinic Ass’n).
The case is scheduled for a trial on August 24, 2020.