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2024.05.30 Motion to Stay Pending Appeal 062
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...the motion is denied. Background Plaintiff Marcus Mitchell was employed by defendant San Pablo Healthcare and Wellness Center, Inc. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/30/2024 12 His complaint alleges a single cause of action under the California Private Attorneys General Act, Labor Code §§ 2698 et seq. (PAGA) for various wage and hour and other Labor Co...
2024.05.30 Motion for Reconsideration or to Deny Motion for Summary Judgment 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...ration M otion Defendants' prior summary judgment motion rested on four distinct arguments: 1. Plaintiff's present lawsuit is barred because of its failure to comply with the procedural requirements of Code of Civil Procedure § 474 as to naming Doe defendants. 2. P laintiff's present lawsuit is barred by judicial estoppel, arising from its inconsistent statements in the prior lawsuit as to whether it knew or didn't know the identity of the Doe d...
2024.05.30 Motion for Approval of PAGA Settlement 441
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: .... Plaintiff was employed by defendant during the relevant time period as a per sonal attendant. Plaintiff also moves for approval of her attorney's fees, litigation costs, administration costs, and representative payment. The motion is granted. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pa...
2024.05.30 Motion to Compel Arbitration 870
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...ey- Davidson motorcycle from defendant McGuire Powersports, LLC (McGuire or defendant) pursuant to a Retail Sales Installment Contract (RISC) dated April 27, 2022. (Declaration of David MacDonald, ¶ 3 and RISC, 1 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINE Z, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/30/2024 2 Exh. A.) Plaintiff filed an amendment to the complaint naming McGuire on January 30, 2023. (See ...
2024.05.23 Motion to Compel Arbitration 918
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ... December 2 020 through July 2023. (Declaration of Melissa Harborne 1/29/24 (“First Harborne Decl.”) ¶ 3.) Plaintiff Donna Prevost worked for CMG as an hourly, non -exempt funder from approximately 2016 through 2023, and was also based in San Ramon, California. (First Harbourne Decl. ¶ 4.) On November 15, 2023, Plaintiffs filed a class action complaint against Defendant alleging that Defendant engaged in a pattern and practice of wage abus...
2024.05.23 Motion for Preliminary Injunction 262
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...cedure § 5 29(a); and (b) Plaintiffs filing amended proofs of service demonstrating service of the summons, complaint, and motion pleadings on defendants Town SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TRE AT HEARING DATE: 05/23/2024 14 of Moraga and Z -Golf Food and Beverage Services, LLC dba Wedgewood Weddings as set forth below. Specifically, the Court grants a preliminary injunc...
2024.05.23 Demurrer 977
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...ief, the cas e arose out of allegations that plaintiff was stabbed on the premises of a restaurant in Pacheco. Counsel filing the complaint on Fernandez's behalf was Robert Rodriguez. However, Rodriguez was suspended from the practice of law on April 30, 2021, and he was disbarred on September 23, 2022. The parties have not identified the grounds for the suspension and disbarment, but there is no contention that they arose from any conduct dire...
2024.05.23 Demurrer 091
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...h caus e of action for abuse of process is sustained without leave to amend. Tyma's demurrer to the fifth cause of action for injunctive relief is sustained with leave to amend as set forth below. If Be Kind contests this tentative ruling to seek leave to amend the third and fourth causes of action, it should come to the hearing with a specific proposal as to how it intends to amend the complaint and argument as to how the amendment will salvag...
2024.05.16 Motion for Preliminary Approval of Class Action and PAGA Settlement 628
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...tes, it app ears that Staffers is in the business of providing temporary clinical personnel to cover open shifts for health care organizations. Plaintiff Valpey, a certified nursing 1 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIA L OFFICER: CHARLES S TREAT HEARING DATE: 05/16/2024 assistant, worked at least two extended assignments for Staffers, in Modesto and Walnut Creek. Valpey's declaration states that ...
2024.05.16 Demurrer on FAC 425
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ointed to represent the estate in civil litigation. The remaining plaintiffs are the surviving children of the decedent. The attorney who filed the original complaint and FAC has subbed out, and counsel for plaintiffs now is Tariq Mohaddidi, representing himself and the remaining plaintiffs. However, he has filed no opposition to this demurrer or motion to strike. The FAC names three defendants: Dr. McWhirter, who has answered; Dr. Kamlot, who ...
2024.05.16 Demurrer, Motion to Strike 212
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...f law.” (H oliday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550 (“Doe”)), but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the pl...
2024.05.16 Motion for Preliminary Injunction, OSC Re Preliminary Injunction 563
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ... Country Club Drive, Lafayette (in unincorporated County). The complaint alleges that plaintiff David Forkosh entered into a business deal with plaintiff Suraj Ethirajan and defendants Brian Adair, Perry Gong, and Diquan Gong. The purpose of the deal was to acq uire, rehabilitate, and flip the property. Forkosh was to contribute construction work (personally and through subcontractors). However, Forkosh (who had taken up residence) was evicted f...
2024.05.16 Motion for Summary Adjudication 192
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ur and PAGA claims against Chevron U.S.A. Inc., Contra Costa Electric, Inc., Nooter Construction Company, and Nooter Corporation. Plaintiff moves for summary adjudication of the following affirmative defenses asserted in CCE's Amended Answer: Twenty- Eighth (Bar and Release), Twenty -Ninth (Collateral Estoppel and/or Res Judicata), and Thirtieth Affirmative Defenses (Double Recovery). Each affirmative defense centers around the argument that Plai...
2024.05.16 Motion for Summary Judgment 895
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ted. Judici al Notice Defendant requests judicial notice of four exhibits. Judicial notice is granted as to Exhibits 3 and 4, which are a filing and a transcript from plaintiff's family -law case in Monterey Superior Court. (See, e.g., Cuenca v. Safeway San Francisco E mps. Fed. Credit Union (1986) 180 Cal.App.3d 985, 997; People v. Smith (1989) 215 Cal.App.3d 19, 25.) Notice is denied as unnecessary as to exhibits 1 and 2, which are the Court's...
2024.05.09 Petition Re Writ of Mandate 046
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...rtment offic ers responded to a report that a vehicle had driven into a ditch. (Administrative Record (“AR”) 9.) On arrival, Officer Culberson observed petitioner's Acura SUV wedged between a fence and the street. (Ibid.) Upon making contact with petitioner, Officer Cu lberson observed objective signs of intoxication, including the odor of an alcoholic beverage, and petitioner's slurred words, and unsteady balance. (AR 9.) Petitioner expresse...
2024.05.09 Motion to Dismiss Judgment 645
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...Brentwoo d and the City Council for (1) violations of CEQA, (2) violations of the general plan, (3) due process pursuant to 42 U.S.C. § 1983, (4) injunctive relief, and (5) declaratory relief. The real party in interest is Costco Wholesale Corporation. In general, the petition raises issue of CEQA compliance as to a project that Costco proposes to develop in Brentwood. Respondents and Real Party bring this motion to dismiss Discovery Builders, a...
2024.05.09 Motion for Attorney Fees 203
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...ailing party. In stead, they expressly provided that such fees and costs could be sought by a noticed motion. This is that motion. Plaintiff's motion for attorney's fees and costs is granted, but only to a limited extent. Plaintiff is awarded attorney's fees in the amount of $10,687.50, and costs in the amount of $508.61. Background, Litigation, and Settlement Plaintiff alleged that he bought a new 2017 Chevy Silverado. Without going into (now) i...
2024.05.09 Demurrer 403
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...eaches different results as to the several demurrers filed. The demurrers by California Burrito #1, Inc. through California Burrito #12, Inc. are sustained without leave to amend, but without prejudice to plaintiffs filing the required motion for leave. The motions to strike by these defendants are denied as moot. The demurrers as to California Burrito #13, Inc., California Burrito #14, Inc., and California Burrito #15, Inc. are sustained with ...
2024.05.02 Motion to Dismiss, Demurrer to FAC 416
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
Excerpt: ...lusive foru m for litigation between them. For the following reasons, the motion is denied. Legal Standard In accordance with California Code of Civil Procedure § 418.10(a)(2), a defendant may serve and file a notice of motion “to stay or dismiss [an] action on the gr ound of inconvenient forum.” Upon such a motion, if in the interest of substantial justice, a court finds that an action should be heard in a forum outside California, the co...
2024.05.02 Motion to Compel Arbitration 122
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
Excerpt: ... requested a statement of decision under Code of Civil Procedure § 1291: “A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment … is made that is appealable under this title [Title 9, Arbitration].” A denial of a motion to compel arbitration is appealable under Code of Civil Procedure § 1294(a). Arguably the request does not comply with the requirement of § 632 that it “...
2024.05.02 Motion for Summary Judgment 984
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
Excerpt: ...g – and it di d not review or rely upon the original Points and Authorities. Defendant's request for judicial notice is denied because the Court does not need judicial notice for documents in this docket file. Factual Background This matter concerns injuries allegedly sustained by Plaintiff Juana Thomas as a result of the “new” fare gates installed at the Richmond BART station in 2019. BART Fare Gates In 2018, the District began investigat...
2024.05.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 724
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
Excerpt: ...its websit e it is apparently in the business of constructing foundations for swimming pools and similar features. Plaintiff Quiroz worked for defendant as a laborer from 1989 to 2020. Plaintiff Basurto worked as a lead from 2009 to 2022. The original complaint was fi led by plaintiff Quiroz as a PAGA and class -action case on March 14, 2022. It was amended later to include claims for piece rate employees. (The majority of defendants' non - exem...
2024.05.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 412
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
Excerpt: ...e LWDA. E. Background and Settlement Terms Defendant operates major hospital and other medical facilities throughout the County. Plaintiffs were SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/02/2024 employed as non- exempt hourly employees of defendant, though their job duties are not specified. Lundsgaard worked at John Muir from 2021 to 2021; Randolph from 2016 t...
2024.04.25 Writ of Mandate 306
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ... notify th e Court and opposing counsel by 4:00 p.m. on the date of this posting, April 24. In short, the Court now rules: • Although there is a question about the report being read by Judge Campins, there is no broader prohibition on the Court generally (a differen t Judge) seeing and reviewing the report. • The District Attorney's office, however, may not see the report, at least not at this point. • The Court can and should review the re...
2024.04.25 Motion for Preliminary Approval of Class Action Settlement 576
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ... locations . Plaintiff is a former nonexempt employee of defendants, though her job description and employment dates are not provided. The original complaint was filed on March 3, 2021. Several amendments were made, one of which (in September 2022) added PAGA claims. The settlement would create a gross settlement fund of $625,000. The class representative payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICI...

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