Tamara Wareka v. Trusper Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TAMARA WAREKA, Case No. 21-cv-02682-VC

Plaintiff,

ORDER GRANTING TRUSPER’S

v. MOTION FOR SUMMARY

JUDGMENT

TRUSPER INC., et al., Re: Dkt. No. 77 Defendants.

Trusper is entitled to summary judgment on its claim that Wareka breached its settlement agreement with Mai Couture by suing Trusper. This order assumes the reader’s familiarity with the facts of the case and the relevant law. The settlement agreement “inure[s] to the benefit of and [is] binding upon the Parties and…all those acting in concert or participation with them or under their direction or control.” Dkt. No. 80-1 at 8. Because Mai denies creating the posts at issue or even providing the photograph to Trusper, Wareka contends there are factual disputes that preclude summary judgment. But even assuming these disputes are genuine, they are not material. Even if Trusper independently obtained the photograph and posted it on its own social media channels, no reasonable juror could conclude that Trusper did not act in concert or participation with Mai. The services agreement between Trusper and Mai contemplates the…