Volkswagen Group of America, Inc. v. On-Line Administrators, Inc.

O 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 VOLKSWAGEN GROUP OF No. 2:23-cv-06599-CAS-JCx

AMERICA, INC.,

12 Plaintiff, FINDINGS OF FACT AND CONCLUSIONS OF LAW – v. –

ON-LINE ADMINISTRATORS, INC.,

DBA PEAK PERFORMANCE

MARKETING SOLUTIONS; ON-

LINE ADMINISTRATORS, LLC;

AFFINITIV, INC.,

17 Defendants.

19 I. INTRODUCTION On August 11, 2023, plaintiff Volkswagen Group of America, Inc. (“Volkswagen”) filed suit against defendants On-Line Administrators, Inc. dba Peak Performance Marketing Solutions, On-Line Administrators, LLC, and Affinitiv, Inc. (collectively “defendants”) in this Court. Dkt. 1 (“Compl.”). Plaintiff brings claims for: (1) express contractual indemnity; (2) equitable indemnity; (3) declaratory relief; and (4) breach of contract, arguing that defendants were obligated to indemnify plaintiff in a third-party lawsuit that was filed against both parties, Brian Trenz v. On-Line On October 12, 2023,…