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2024.01.11 Motion for Approval of PAGA Settlement 360
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ...inistration costs, and representative payment. The moton is granted. A. Background of the Case and Terms of Settlement This is 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 pay minimum wages and overtime, and cascading SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/1...
2024.01.11 Demurrer 498
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ...he arbitration award (or this Court's order confirming it) operates as res judicata as such, because the claims and defendants involved were different from those now asserted in the SAC against Budde. However, may operate as collateral estoppel. Is there authority supporting or rejecting the argument that a confirmed arbitration award establishes collateral estoppel binding the losing party to all legal conclusions reached in the arbitration awar...
2024.01.11 Demurrer to FAC 775
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ... to the first and eleventh causes of action. If plaintiff contests this tentatve to seek leave to amend those counts, he should come to the hearing prepared to discuss in detail how he proposes to amend, and how that will suffice. Because this is the first challenge to the complaint, plaintiff is given leave to amend as to all remaining causes of acton. Plaintiff shall file and serve any amended complaint by February 8, 2024. Should plaintiff ele...
2024.01.11 Demurrer 648
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ...fficient to constitute a cause of action (Code of Civil Procedure S 430.10(e). They also demurrer to the second cause of action separately claiming that it "is not properly justiciable", without citing any statutory source for that basis of the demurrer. Cross-Defendants' demurrer is overruled for the reasons set forth below. Factual Allegations and Background This matter pertains to a property dispute between two neighbors. Plaintiffs own proper...
2024.01.04 Motion for Final Approval of Class Action Settlement 646
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.04
Excerpt: ...y logistical history since then. The parties missed their originally scheduled date for final approval in February 2023. The notice to the class was sent, but it was discovered that it had been sent to an overbroad list including salaried employees. This required a stipulation to send out corrective notices. The parties then found themselves in a Catch-22 where they couldn't send the notices until they had a hearing date for final approval, but t...
2023.12.14 Motion to Determine Right to Discharge Water 434
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.14
Excerpt: ...ion. Plaintiff's motion is denied. As the Court will explain, Plaintiff's argument skips a step and cannot establish as a matter of law that defendants have no right to discharge storm water into the Park because they have no easement. Procedural Objections The Court rejects Defendants' objections. They are contrary to the express directions of the Court at pretrial conferences. Defendants point out that in seeking a ruling on what Plaintiff cont...
2023.12.14 Motion to Compel Further Responses 432
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.14
Excerpt: ...tz. He first argues, with no citation to authority or other rationale, that discovery must be strictly limited to the issue of class certification. Who says so? First, the complaint includes non-class claims. Second, even if class certification were denied or abandoned, there would remain individual and representative claims to litigate. And in any event, this case has now been pending for over three years. If the parties have not gotten started ...
2023.12.07 Motion to Expunge Lis Pendens, for Sanctions 403
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.07
Excerpt: ...by Plaintiff Praveen Gupta. For the follow-ng reasons, the Mohon is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 12/07/2023 26 Legal standard lis pendens is recorded by someone asserting a real property claim, to give notice that a lawsuit has been filed which may, if that person prevails, affect title to or possession of the real property described in the no...
2023.12.07 Motion to Determine Prevailing Party, for Attorney Fees 938
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.07
Excerpt: ...in addition to whatever other costs it may be entitled to. Background and Substance of the Case Plaintiff filed this lawsuit against two residents to compel them to correct a number of what plaintiff said were violations of the HOA rules concerning defendants' unit and common areas. To make a long story short, after some litigation and extensive discussion, plaintiff now acknowledges that defendants have taken all the corrective actions that plai...
2023.12.07 Motion to Compel Arbitration and Dismiss Class Claims 825
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.07
Excerpt: ... action. The other, No. C23-01484, is filed as a PAGA-only case, but asserts essentially the same set of violations of the law. In both cases, defendants bring substantially the same motion to compel arbitration, based on an arbitration agreement found in Wynn's employment contract. (See Line 12.) Although the two motons would call for slightly different treatment if they were to be granted, they raise essentially the same issues; the parties' ar...
2023.12.07 Demurrer, Motion to Strike 342
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.07
Excerpt: ... by unspecified forms of cyber harassment and traumatization by agents of the Chinese government on account of plaintiffs' political opposition to the Chinese regime. The events giving rise to this complaint occurred in June 2020. Plaintiff Yue Ma admitted herself to an emergency psychiatric facility in Santa Clara County for trauma allegedly induced by the repressive acts of the Chinese government. She was transferred to John Muir Health Behavio...
2023.12.07 Demurrer 818
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.12.07
Excerpt: ...twice during each calendar month, on days designated in advance by the employer as the regular paydays." Defendant demurs. The demurrer is overruled. Defendant is given 28 days in which to file and serve its answer. Demurrer Standards "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420. A complaint "is sufficient if it alleges ultimate...
2023.11.16 Motion for Summary Judgment 293
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.16
Excerpt: ...ral negligence, and her third cause of action for premises liability. Accordingly, summary judgment is also denied. The trial date previously set in Department 36 is no longer available because that Department is vacant. The trial date and all related dates are vacated, and the case is set for Case Management Conference and trial-setting in Department 12 on December 19, 2023 at 8:30 a.m. l. Background This is a wrongful death action. Plaintiff Re...
2023.11.16 Demurrer, Motion to Strike 679
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.16
Excerpt: ... to file and serve a first amended complaint. In the event that he elects not to amend, FPI is given to January 5, 2024 in which to answer the surviving counts of the complaint. Legal Standard "The function of a demurrer is to test the sufficiency of the complaint as a matter of aw." (Holiday Matinee, Inc. v. Rambus, Inc. (2Cu) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if alleges ultimate rather than evidentiary facts" (Doe v. City ...
2023.11.09 Motion for Final Approval of Class Action and PAGA Settlement 118
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.09
Excerpt: ...e returned by the post offce. Follow up resulted in 12 new addresses, leaving 5 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant operates a number of addiction treatment clinics. Plaintiff was employed there as a nonexempt employee. The original complaint was filed on June 3, 2022, and amended shortly thereafter to add PAGA claims. The settlement will crea...
2023.11.09 Demurrer 582
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.09
Excerpt: ...rmanent injunction. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/09/2023 5 Defendants demur to all Plaintiffs' causes of action for pursuant to Code of Civil Procedure S 430.10(e) on several grounds. For the follow-ng reasons, the Demurrer is overruled. Defendants are given to December 8 in which to file and serve their answer. Legal Standard "The function of a dem...
2023.11.09 Demurrer 350
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.09
Excerpt: ...er is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2W4) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2W7) 42 Cal.4th 531, 550), but the plaintiff must set forth the essential facts of his or her case "with reasonable precision and with particularity sufficient to acquaint [thel defendant with the n...
2023.11.02 Motion for Approval of PAGA Settlement 363
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ... their attorney's fees, litigation costs, administration costs, and representative payments. 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 pay minimum wages and overtime, and cascading derivative violations. This case was first filed on February 23, 2021 as a class acti...
2023.11.02 Demurrer, Motion to Strike 817
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ...y November 27, 2023. This is a lawsuit between two former cohabitants, previously inwlved romantically and otherwise with each other; the female plaintiff is substantially younger than the male defendant. The male party has filed a cross-complaint against the female. This is her demurrer to his cross- complaint. Legal Standards for Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well-pleaded factual allegations of ...
2023.11.02 Demurrer to FAC 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ...TRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/02/2023 11 Medical care as to FAC in its entirety and all causes of action — sustained with leave to amend; (b) additionally and/or alternatively, general demurrers to FAC in its entirety and all causes of action by Tele Care and Medical Care based on failure to allege facts as to employer status in light of Exhibits A and B to FAC Exhibit 1— sustai...
2023.11.02 Motion for Final Approval of Class Action and PAGA Settlement 604
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ... The moton is granted. Since preliminary approval was granted, the administrator has mailed notices to 407 class members. 31 packets were returned by the post office. Follow up resulted in 27 new addresses, leaving 4 nondeliverable. No objections have been received, and only one request for exclusion. A. Background and Settlement Terms Defendant is in the business of providing clinical outpatient intervention to autistic teens, and their SUPERIOR...
2023.11.02 Motion to Vacate Order Compelling Arbitration and Reopen Case 363
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ...s granted. Legal Standard "In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration are not paid within 30 days after the due date, the drafting party is in material breach of the arbitr...
2023.11.02 Motion to Compel Individual Claims to Arbitration and Stay Non-Individual Claims 062
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ...eement, the agreement by its own terms excludes the present dispute from its scope, because the law in existence at the time of contracting did not allow for arbitration agreements for individual PAGA claims. That law has since changed, but the contract itself excludes "claims that are not subject to arbitration under current law" — meaning the aw of 2019. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFF...
2023.11.02 Motion for Final Approval of Class Action Settlement 113
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.11.02
Excerpt: ... to 175 class members. 32 packets were returned by the post office. Follow up resulted in 15 new addresses, leaving 17 nondeliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/02/2023 28 A. Background and Settlement Terms Despite its clever name, Rodd & Gunn is not a sporting goods business but a retail s...
2023.10.26 Motion for Final Approval of Class Action Settlement, Attorney Fees 686
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.26
Excerpt: ...nt. The motions are granted. Since preliminary approval was granted, the administrator has mailed notces to 152 class members. 5 packets were returned by the post office. Follow up resulted in 2 new addresses, leaving 3 nondeliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/26/2023 2 A. Background and S...
2023.10.26 Motion for Summary Judgment 404
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.26
Excerpt: ...rth LLC. Defendants move on the grounds that the derivative claims (second through fifth causes of action) are barred because EBO has lost standing to sue on Taylor's after relinquishing its membership interest voluntarily, without wrongdoing by Defendants. Defendants also contend that the sixth cause of action for declaratory relief is barred EBO lost standing to seek declaratory relief under the Taylor operating agreement after relinquishing it...
2023.10.19 Motion to Compel Arbitration and Stay Proceedings 431
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...driver from April to December 2022, and according to PacPizza, he is still a PacPizza employee. (Higgins Decl. '1 2; Hough Suppl. Decl. 3.) Plaintiff filed a complaint alleging a single cause of achon under the California Private Attorneys General Act, Labor Code S 2699 et seq. ("PAGA") for multiple Labor Code violations he contends he and other aggrieved employees of PacPizza have sustained. PacPizza moves to compel arbitration of Plaintiff's cl...
2023.10.19 Motion for Summary Judgment, Adjudication 616
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...the reason set forth, the motion for summary judgment and motion for summary adjudication of the sixth cause of action are denied. Background Plaintiff and cross- defendant De Petra is the owner of a commercial building located at 911 Moraga Road in Lafayette. Defendant and cross-complainant Persons Plastic Surgery, Inc. ("Persons") is a tenant who leased one of the offices for its plastic surgery center, unit 205 (the "Premises"), under a writte...
2023.10.19 Motion for Final Approval of Class Action Settlement, Attorney Fees 638
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...motions are granted. Since preliminary approval was granted, the administrator has mailed notices to 7,126 class members. 625 packets were returned by the post office. Follow up resulted in 367 new addresses, leaving 270 non-deliverable. No objections have been received, and only one class member requested exclusion. A. Background and Settlement Terms Defendant and its affiliates, also sued as defendants here, are in the business of operating McD...
2023.10.19 Motion for Final Approval of Class Action Settlement, Attorney Fees 157
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...istrator's declaration) that when investigation turned up more class and workweeks than previously believed to exist, thereby potentially triggering an escalator clause in the settlement agreement, the response of the parties was to lop off the back end of the class period for which settlement payments will be made — and lop it off substantially tin, from the preliminary approval date (spring 2023) back to July 25, 2022. While the Court obvousl...
2023.10.19 Motion for Final Approval of Class Action Settlement 204
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...ses, leaving 4 nondeliverable. No objections out have been received, and only one class member has opted out. A. Background and Settlement Terms Defendant is the parent of Hand & Stone Massage and Facial Spa. Plaintiff was employed with defendant as a neuromuscular therapist in the spring of 2021, though only briefly. The original complaint was filed on October 26, 2021. A PAGA claim was added by amendment in January 2022. The settlement will cre...
2023.10.19 Motion for Final Approval of Class Action and PAGA Settlement 956
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.19
Excerpt: ...e preliminary approval was granted, the administrator has mailed notices to 19,854 class members. 1,086 packets were returned by the post office. Follow up resulted in 605 new addresses, leaving 464 non-deliverable. No objections have been received, and only two class members have requested to opt out. A. Background and Settlement Terms Defendant operates a number of Taco Bell restaurants throughout the area. Plaintiffs were employed at various t...
2023.10.05 Demurrer 988
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...d a class action complaint alleging nine causes of action for Labor Code violations by defendant Bay Air Systems, Inc. and a representative claim on behalf of himself and "aggrieved" employees in the tenth cause of action under the Private Attorney General Act, Labor Code section 2699 et seq. ("PAGA"). Plaintiff subsequently filed an amendment to the complaint naming defendants John Morgan, Roberta Morgan, Ben Morgan, and Bert Morgan as "Doe" def...
2023.10.05 Motion for Approval of PAGA Settlement 072
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...d a class action complaint alleging nine causes of action for Labor Code violations by defendant Bay Air Systems, Inc. and a representative claim on behalf of himself and "aggrieved" employees in the tenth cause of action under the Private Attorney General Act, Labor Code section 2699 et seq. ("PAGA"). Plaintiff subsequently filed an amendment to the complaint naming defendants John Morgan, Roberta Morgan, Ben Morgan, and Bert Morgan as "Doe" def...
2023.10.05 Motion for Approval of PAGA Settlement 518
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...yed by SWAT as a journeyman pipefitter, working at the Tesoro site in February and March of 2019. The motion is granted. B. Background of the Case and Terms of Settlement This a PAGA case (not a class action), asserting that SWAT violated the Labor Code by not paying employees for the time spent donning and doffing safety gear at the beginning and end of shifts. Notably, SWAT changed its policy and commenced paying for donning and doffing time in...
2023.10.05 Motion for Approval of PAGA Settlement 680
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...aintiff was employed as a non-exempt employee during the relevant time period, though the pleadings and moving papers do not identify her job capacity or employment dates. The motion is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 28 C. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of viola...
2023.10.05 Motion for Final Approval of Class Action and PAGA Settlement 604
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...mount and the average paput. There are a number of identifiable reasons for this, most of which are understandable and acceptable. However, it appears that there may have been a substantial miscommunication with respect to one particular (and unusual) feature of this settlement namely that the employee class members, not the employer, end up bearing the cost of paying the employer's share of payroll taxes on the settlement proceeds. SUPERIOR COUR...
2023.10.05 Motion for Final Approval of Class Action and PAGA Settlement 874
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...or approval of their attorney's fees, litigation costs, administrative fees, and representative payments. Both motions are granted. Since preliminary approval was granted, the administrator has mailed notices to 52 class members. 2 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 24 packets were returned by the post office. Follow-up was unable to find better a...
2023.10.05 Special Motion to Strike 416
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ... JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 32 Plaintiffs are Jason Kristal, JKristallnvestmentsLLC, and 219KingsburyGrade, LC (the "Kristal Plaintiffs"). Defendants are Omer Eugene Beaird Ill ("Eugene"), Alesia Thomas ("Alesia") (collectively, "Defendants") and their former attorney, M. Todd Jenks. Plaintiffs filed a Notice of Settlement of their claims against Mr. Jenks on September 18, 2023. This action is preceded by three rel...
2023.10.05 Motion for Preliminary Approval of Class Action Settlement 257
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...ndant operates an oil refinery in Martinez. Plaintiffs are employed there as Operators. The original complaint was filed on July 2, 2020 as a class and PAGA action. It was amended twice, including deletion of one named plaintiff and modification of the claims asserted. The second amended complaint successfully withstood demurrer. The settlement would create a gross settlement fund of $1,224,210. The class representative payments to the plaintiffs...
2023.09.28 Motion for Preliminary Approval of Class Action Settlement 390
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.28
Excerpt: ...pparently in the business of læating buried utility lines for construction. The complaint alleges that plaintiff was employed at defendant during the relevant period, though it does not give his employment dates or identify what job he held. The original complaint was filed on July 6, 2022. It was amended on November 28, 2022 to add PAGA claims. The settlement would create a gross settlement fund of The class representative payment to the plaint...
2023.09.28 Motion for Leave to Amend Complaint 546
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.28
Excerpt: ...complaint as a freestanding pleading. Formal service of process on defendants Simple Cash Loans and Shafir should be accomplished promptly. Plaintiff has sued two defendants—Simple Cash Loans, for various asserted forms of illegality in connection with a car loan; and Location, the repossession agent. Plaintiff served Location, but has yet to serve Simple Cash Loans. He faces a hard deadline of October 17 by which to do so, or the case will be ...
2023.09.28 Motion for Final Approval of Class Action Settlement 753
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.28
Excerpt: ...tices to class members. 23 packets were returned by the post office. Follow up resulted in 19 new addresses, leaving 4 nondeliverable. No objections or requests to opt out have been received. The motion is granted. E. Background and Settlement Terms Defendants, related entities, are in the business of operating several "escape room" entertainment facilities. Plaintiff was employed at one of them in various hourly capacities between 2019 and 2021....
2023.09.28 Motion for Attorney Fees 517
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.28
Excerpt: ...al dissolution. There are three other cases to which Robert and Madeline are or were parties: (1) Serafin v. Serafin, Contra Costa Superior Court Case No. 021-02739, (2) Burden v. Serafin, U.S. District Court for the Northern District of California Case No. 4:22-cv-25 03479 DMR, and (3) Serafin v. Serafin, Contra Costa Superior Court Case No. C23-00131. Robert filed his complaint in this action on March 30, 2023. The complaint asserted the follow...
2023.09.21 Motion for Final Approval of Class and Representative Action Settlement 931
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...oval was granted, the administrator has mailed notices to 816 class members. 50 packets were returned by the post office. Follow up resulted in 35 new addresses, leaving 15 nondeliverable. No objections or requests to opt out have been received. The motion is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 2 A. Background and settlement Terms The sett...
2023.09.21 Demurrer 909
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...irfield Belmont. Defendant is given 30 days in which to answer. Demurrer Standards A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (lonabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) "A demurrer tests the pleading alone, and not on the evid...
2023.09.21 Motion for Final Approval of Class Action and PAGA Settlement 222
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ... also moves for approval of plaintiff's attorney's fees, litigation costs, administration costs, and representative payment. Since preliminary approval was granted, the administrator has mailed notices to 317 class members. 6 packets were returned by the post office. Follow up resulted in 3 new addresses, leaving 3 nondeliverable. No objections or requests to opt out have been received. The motions are granted. E. Background and Settlement Terms ...
2023.09.21 Motion for Final Approval of Class Action Settlement 279
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ... resulted in 23 new addresses, leaving 30 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant Rubicon is in the business of manufacturing and wholesaling baked goods. Plaintiff Lucas was previously employed at Rubicon as a maintenance worker. Plaintiff Miles was formerly employed at Rubicon as a sanitation worker. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA CO...
2023.09.21 Motion for Final Approval of Class, Representative, and Collection Action Settlement 499
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...cted with Synctruck to provide delivery services in California and Utah. The Plaintiffs are drivers employed by Synctruck, and allegedly by Amazon as a joint employer. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 23 Plaintiffs also move separately for approval of their attorney's fees, litigation costs, administration costs, and representative payments. The...
2023.09.21 Motion for Preliminary Approval of Class Action Settlement 571
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...l complaint was filed on March 19, 2021. The settlement would create a gross settlement fund of $950,000. The class representative payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 38 to the plaintiff would be $10,000. Attorney's fees would be $316,667 (one-third of the settlement). Litigation costs would not exceed $20,000. The settlement administrator'...
2023.09.21 Motion for Summary Adjudication 330
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...eir first amended complaint against defendant Evangelista. Background and Summary of the Case Defendant Evangelista operates a dentistry business. Plaintiffs Rozenberg and Puen formerly worked as dentists in one of defendant's offices. In the first cause of action in the FAC they contend that they were employees, not independent contractors, and Evangelista failed to reimburse them for certain employment-related expenses. Their second cause of ac...
2023.09.21 Motion to Compel Arbitration 920
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...a PAGA claim, but it appears that the complaint may be amended to add a PAGA claim in the future. (Comp. "34-36.) Whether the arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. S 1, et seq. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 12 (FAA) or by the California Arbitration Act, Code of Civil Procedure S 1280 et seq. (CAA), the thr...
2023.09.21 Petition to Compel Arbitration, Motion to Strike, Demurrer 321
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...case.) The motion is granted. This arbitration motion is unprecedented, in this Court's experience, in one respect: Not only is there an arbitration already in existence and going forward, covering the same set of claims— but indeed, that arbitration proceeding was initiated by plaintiff himself. The Court confesses itself mystified as to why plaintiff, having filed and prosecuted that arbitration, then filed this lawsuit— and even more mysti...
2023.09.14 Motion to Approve PAGA Settlement 934
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...violations during the period of the initial COVID emergency'. After a demurrer was sustained to part of plaintiff's claim, her first amended complaint focused specifically on allegations that defendant unlawfully required employees to exhaust personal leave time before taking COVID-related sick time as authorized by emergency' statutory provisions. The total settlement payment is Out of this is to come attorney's fees of $41,667 (onethird of the ...
2023.09.14 Motion for Final Approval of Class Action Settlement 131
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...eliverable. No objections out have been received, and only one class member has opted out. The motion is granted. B. Background and Settlement Terms The original complaint was filed on October 5, 2021. A PAGA claim was added by later amendment. The settlement will create a gross settlement fund of The class representative payment to the plaintiff will be $7,5W. Attorney's fees will be $130,WO (one-third of the settlement). Litigation SUPERIOR COU...
2023.09.14 Motion for Final Approval of Class Action and PAGA Settlement 154
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...ts were returned by the post offce. Follow up resulted in 27 new addresses, leaving 7 nondeliverable. No objections have been received; there have been 4 valid opt-out requests. The motion is granted. A. Background and Settlement Terms Defendant is in the business of developing and selling life science research and clinical diagnostic products. Plaintiff worked in its manufacturing operations. The original complaint was filed on January 27, 2021 ...
2023.09.14 Motion for Approval of Representative Action Settlement 762
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...und 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 pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations for unpaid off-the-clock time and untaken or shortened rest and meal breaks. This case was first filed by Iraheta on April 19, 2021 as a...
2023.08.31 Demurrer to FAC, Motion to Strike 154
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...hat all parties have captioned their papers as if Midstate were the only cross-defendant on this cross-complaint (which was true on Fryer's original crosscomplaint). In fact, there are two other cross-defendants here, both of which have answered. Demurrer Standards A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) In a demurrer proceeding, the defects must be apparent...
2023.08.31 Motion for Approval of PAGA Settlement 170
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...t a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations for violations concerning missed meal breaks, rest breaks, and second meal breaks for long shifts. This case was first filed on June 17, 2021, as a PAGA action (not a class action). The total sett...
2023.08.31 Motion to Determine DHCS Lien Claim 553
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...n Esquivel, a minor, by and through her guardian ad litem, Jennifer Barnes, filed this action against Defendant Contra Costa County on March 21, 2019. Plaintiffs allege that County, through its Contra Costa Regional Medical Center staff, negligently managed Tammy Esquivel's labor and delivery resulting in a severe hypoxic brain injury to Evelyn. Plaintiffs filed a notice of conditional settlement On August 17, 2020 and Judge We] approved the sett...
2023.08.31 Motion to Enter Judgment 355
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...face and is denied. Section 664.6(a) states: If parties to a pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in ful...
2023.08.31 Motion to Stay Court Action 405
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...For the following reasons, the motion is granted. Request for Judicial Notice Defendants unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) Relevant Law Civil Code S 910 provides: Prior to filing an acton against any party alleged to have contributed to a violation of the standards set forth in Chapter 2 (commencing with Section 896), the claimant shall initiate the following prelitigation procedures. Section 910 and the ...
2023.08.24 Motion to Compel Discovery Responses 521
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.24
Excerpt: ... defendant served formal responses to the discovery, objecting to all requests and interrogatories principally on the ground that defendant's arbitration motion was pending (although, for preservation, defendant also stated a number of other boilerplate objections). Thereafter, plaintiff's opposition to the arbitration motion convinced defendant that the motion would be denied, and defendant withdrew it. Defendant then assured plaintff that it wa...
2023.08.24 Motion for Final Approval of Class Action Settlement 153
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.24
Excerpt: ... costs, administrative costs, and a class representative payment. Since preliminary approval was granted, the administrator has mailed notices to 27 class members. After follow- up, only one notice was non-deliverable. No objections or requests to opt out have been received. The motion is granted. A. Prior Rulings and Judicial Comment When plaintiff's preliminary approval moton first came up for hearing, the Court indicated generally that the set...
2023.08.17 Motion for Preliminary Approval of Class and Representative Action 666
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ...s. Plaintiff was employed there during the class period, though his job duties and dates are not provided. The original complaint was filed on December 22, 2021 as a class action. Plaintiff filed a separate PAGA acton on September 21, 2022. That action was dismissed and the PAGA claims amended into the class case to facilitate settlement. The settlement would create a gross settlement fund of $200,000. The class representative payment SUPERIOR CO...
2023.08.17 Motion for In Camera Review of Docs 036
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ... advice of Paul Bork", and "Internal document with legal advice of Paul Bork". CBE acknowledges that Bork is an inhouse attorney at Dow, and apparently does not dispute that Bork's legal advice is protected work product. CBE fails to state any basis for doubting the accuracy of these descriptions; nor for doubting that Bork's advice is attached, repeated, discussed, or incorporated into the challenged documents. 12. 9:00 AM CASE NUMBER: MSC21-020...
2023.08.17 Motion for Final Approval of Class Action and PAGA Settlement 038
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ...resses, leaving only one non-deliverable. No objections have been received, and only one class member has opted out. The motion is granted. Background and Settlement Terms Defendant is in the shipping business. Plaintiff was employed as a driver. This case is unusual among wage-and-hour cases, in that its sole focus is on a failure-of-reimbursement claim rather than any allegations as to payment for time worked. Plaintiff alleges that defendant f...
2023.08.17 Demurrer, Motions to Strike 781
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ...leged former landlords, defendants Deanna Graves (individually and as trustee of her family trust) and her daughter Rashida Graves. The Graveses filed a cross-complaint against Ellis only. The cross-complaint asserts two causes of action — the first for breach of contract (non-payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 08/17/2023 2 of rent), and a cause of...
2023.08.04 Petition to Compel Arbitration 743
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ... action is stayed pending the completion of arbitration proceedngs. (CCP S 1281.4.) (2) A post-arbitration status conference is scheduled for February 5, 2024 at 8:30 a.m. The parties are required to file a status report or reports at least 10 calendar days before the conference. Background Plaintiffs Lindsay Jo Schutte Crittendon and Zachariah Bonsignore Crittendon filed this action for breach of a residential construction contract on April 3, 2...
2023.08.04 Motion for Preliminary Approval of Class Action Settlement 538
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ...notification of LWDA of the settlement. A. Background and Settlement Terms Defendant operates two car washes located in Concord and Fremont. Plaintiff has been employed there as a car washer since the mid-2000s. The original complaint was filed on March 23, 2022. The settlement would create a gross settlement fund of $437,800. The class representative payment to the plaintiffs would be $10,000. Attorney's fees would be $145,933 (one-third of the ...
2023.08.04 Motion for Preliminary Approval of Class Action Settlement 118
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ...e 3, 2022, and amended shortly thereafter to add PAGA claims. The settlement would create a gross settlement fund of $250,000. The class representative payment to the plaintiffs would be $10,000. Attorney's fees would be $83,325 (one-third of the settlement). Litigation costs would not exceed $10,000. The settlement administrator's costs are estimated at $5,350. PAGA penalties would be $7,500, resulting in a payment of $5,625 to the LWDA. The net...
2023.08.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 686
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.04
Excerpt: ...mployed from April 2019 to January 2022 as a field service technician. The original complaint was filed on February 28, 2022. It is a class-action and PAGA case. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 08/03/2023 2 The settlement would create a gross settlement fund of $725,000. The class representative payment to the plaintiffs would be $10,000. Attorney's fees ...
2023.07.27 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 186
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.27
Excerpt: ... 65 packets were returned by the post office. Follow up resulted in 51 new addresses, leaving only 4 nondeliverable. No objections or requests to opt out have been received. The motion is granted. Background and Settlement Terms The two plaintiffs in this case initially filed separate actions in different counties. Kalaveras filed a class action in this County, and amended the complaint to add a PAGA claim. NCR removed the case to federal court b...
2023.07.27 Motion for Final Approval of Class Action and Representative Action Settlement 784
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.27
Excerpt: ...t office, but that member was located by skip tracing. No objections or requests to opt out have been received. The motion is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 07/27/2023 9 Background and Settlement Terms Defendant is a public-school district. Plaintiff has worked for defendant as a school bus driver since 2013. The original complaint was filed on ...
2023.07.27 Motion to Strike FAC 807
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.27
Excerpt: ...ction is protected by the anti-SLAPP statute, as discussed below. Background Plaintiffs Deepak Joshi and Diana Martinez filed their initial Complaint on December 30, 2022, alleging causes of action for (1) Defamation, (2) Malicious Prosecution, (3) Abuse of Pruess, (4) Intentional Infliction of Emotional Distress, and (5) Negligent Infliction of Emotional Distress. On February 25, 2023, they personally served the initial complaint on defendant. O...
2023.07.20 Motion for Leave to File Amended Answer 316
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.07.20
Excerpt: ...driven by an employee of defendant SGWS. He filed this action on November 4, 2021 against SGWS and other defendants. SGWS answered on February 17, 2022. The answer include some affirmative defenses, but none based on availability workers' compensation as a remedy. SGWS now moves to amend its answer to include such a defense. SGWS has presented a proposed copy of the First Amended Answer. (See Declaration of Michael A. McLain, Ex. A.) SGWS argues ...
2023.06.29 Motion to Compel Production of Docs 036
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.29
Excerpt: ...the sufficiency of particular responses to discovery and particular objections. If so, those will be the subject of a further motion to compel addressing discoverability (though the Court frankly hopes the parties will have resolved those disputes by meet-and-confer in the meantime). This, however, is not that motion. The present motion does not call on the Court to referee any discoverability issues or the validity of any objections. Rather, fts...
2023.06.29 Motion for Leave to Amend Complaint 432
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.29
Excerpt: ...r 30, 2020. The complaint was pleaded as a class action and alleged nine causes of action for various wage and hour violations under the Labor Code and Industrial Wage Order No. 5-2001. Defendant The Counter Walnut Creek LP filed a demurrer to the original complaint, which was sustained with leave to amend. (9/13/2021 Order.) Plaintiff filed a first amended complaint on September 3, 2021 which added as the tenth cause of action a representative c...
2023.06.22 Motion to Dismiss Arbitration Proceeding 513
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.22
Excerpt: ...e Arbitration Proceeding, or in the alternative, Stay Arbitration Proceedings. For the reasons set forth below, the Motion is denied. The Relevant Parties This set of disputes involves multiple claims in both directions. As did the Court's prior ruling, for ease of reference and avoidance of confusion, the Court will refer to the competing sides by summarizing names rather than litigation designators. Plaintiffs in this court case (respondents in...
2023.06.22 Motion to Compel Further Responses, for Reconsideration 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.22
Excerpt: ..., that ruling can be viewed less as an order requiring plaintiff to comply, than as one giving plaintiff an opportunity to comply. The cost of noncompliance will not be any further discovery sanctions; it will be the inevitable granting of motons in limine barring most or all of plaintiff's case, for failure to identify facts, documents, and witnesses in support of plaintiff's trial contentions. This topic was discussed at considerable length in ...
2023.06.22 Motion for Preliminary Approval of Class Action and PAGA Settlement 956
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.22
Excerpt: ...imes at some of those restaurants. The present Gonzalez complaint was filed on January 5, 2021, and subsequently amended. This settlement also covers two other cases asserting similar claims. Plaintiff Frank filed his complaint in SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 06/22/2023 13 Alameda County in 2018; plaintiff Collins, in Santa Clara County in 2018. Those ...
2023.06.22 Motion for Approval of PAGA Settlement 010
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.22
Excerpt: ...EZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 06/22/2023 10 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 pay minimum wages and overtime, and cascading derivative violations. Because of the preclusive effect of prior PAGA cases against defendants, this case was limited ...
2023.06.22 Demurrer 810
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.22
Excerpt: ...and other "similarly situated" employees of defendant, Dolan's of Pinole Lumber and Building Materials Co. Specifically, plaintiff alleges the action is on behalf of "[all' persons who worked for any Defendant in California as an hourly-paid or non-exempt employee at any time during the [relevant time period]." (Complaint, 8:4- 5.) The entire complaint is alleged on information and belief. (Complaint, 1:1-2.) Plaintiff alleges SUPERIOR COURT OF C...
2023.06.08 Motion for Final Approval of Class Action Settlement 257
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.08
Excerpt: ...0 class members and 128 PAGA aggrieved employees. Two packets were returned by the post office. Follow up resulted in one new address, leaving only one non-deliverable. No objections have been received, and only one class member opted out. E. Background and Settlement Terms The original complaint was filed on June 1, 2021. It remains the operative complaint. The alleged violations are of a technical nature. Defendant is not alleged to have underp...
2023.06.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 204
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.08
Excerpt: ...endant is the parent of Hand & Stone Massage and Facial Spa. Plaintiff was employed with defendant as a neuromuscular therapist in the spring of 2021, though only briefly. The original complaint was filed on October 25, 2021. A PAGA claim was added by amendment in January 2022. The settlement would create a gross settlement fund of $150,000. The class representative payment to the plaintiff would be $5,000. Attorney's fees would be $50,000 (one-t...
2023.06.08 Motion for Preliminary Approval of Class Action Settlement 113
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.08
Excerpt: ...aintiff was employed there as a stylist in the summer of 2021. The original complaint was filed on October 17, 2021. A PAGA claim was added by amendment in December 2021. The settlement would create a gross settlement fund of $450,000. The class representative payment to the plaintiffs would be $10,000. Attorney's fees would be $150,000 (one-third of the settlement). Litigation costs would not exceed $15,000. The settlement administrator's costs ...
2023.06.08 Motion for Preliminary Approval of Class and Representative Action 931
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.08
Excerpt: ...uired Victory in January 2021, and continued its business with the same work force. Victory and Thorpe were in the business of designing and installing fire protection systems. Delamora was employed as a pipefitter from 2016 to 2021; Cardenas, as a carpenter from 2020 to 2022. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 06/08/2023 2 Delamora's original complaint was ...
2023.06.08 Motion for Summary Adjudication 264
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.08
Excerpt: ... dba Certified Heating and Air Conditioning and dba Certified Solar, Heating & Air Conditioning ("Certified") and Brian Arlaud arises out of Plaintiffs' purchase of a heating and air conditioning system ("HVAC") from Certified. (Pl. Sep. Stmt. of Undisputed Material Facts ("LJMF"), Issue l, UMF No. 1.) They allege Certified gave them a written "18 Month Certified Trust Guarantee" when they bought the system. (UMF No. 3.) The Huslers contend they ...
2023.06.01 Motion to Compel Responses 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.01
Excerpt: ... interrogatories, stating that counsel "lost track of this discovery amongst the Wluminous sets of burdensome discovery by the numerous Defendants in this matter". However, it is plaintiff that chose to sue some 20 defendants in this case; it should have been prepared to respond to discovery from all of them. And as seen in its opposition to the trial-scheduling motion still pending, it is plaintiff that SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA...
2023.06.01 Motion for Determination of Good Faith Settlement 799
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.06.01
Excerpt: ...p on which plaintiff tripped or slipped. The Rabinovicis own the adjacent residence. They are not accused of doing anything to cause the alleged dangerous condition — only of not having remedied it. The City cites a municipal ordinance requiring adjacent property owners to maintain sidewalks in a non- dangerous condition, and to "repair and replace" such sidewalks whenever necessary to maintain them in nan-dangerous condition. SUPERIOR COURT OF...
2023.05.25 Motion for Summary Judgment 603
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ...about which causes of achon include Ralph Padilla (as opposed to Padilla Construction Company). Perhaps out of an excess of caution, Ralph Padilla sought summary adjudication as to causes of action one, two and three. In the opposition, however, plaintiffs confirmed that they are suing Ralph Padilla only for negligence (cause of action one). The Court's review of the fourth amended complaint also shows that plaintiffs are not suing Ralph Padilla ...
2023.05.25 Motion for Preliminary Approval of Class and PAGA Action Settlement 874
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ...y products in agriculture and structural pest control. Plaintiffs were employed (Desantis formerly, and Barnes currently) as workers in a warehouse facility in California. The original complaint was filed by Desantis on September 8, 2021 as a class action and PAGA case. Barnes filed a parallel class action complaint on February 18, 2022. The settlement would create a gross settlement fund of $372,500. The class representative payments to the name...
2023.05.25 Motion for Final Approval of Class Action Settlement 497
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ...ator has mailed notices to 859 class members. 114 packets were returned by the post office. Follow up resulted in 73 new addresses, leaving 39 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms The original complaint was filed on March 9, 2020. There are a number of claims in the complaint, but they all arise generally from the allegation that defendant made a practic...
2023.05.25 Motion for Approval of PAGA Settlement 804
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ...ployed by some of the defendants during the relevant time period. 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 pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiffs assert alleged violations for off-the-clock work, meal and rest breaks, reporting time...
2023.05.25 Demurrer to SAC 901
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ...nsidering Jorgensen, she missed the deadline for filing an LWDA notice by two years. And looking to the effect of Jorgensen's notice and complaint, although the parties argue about whether Chayrez does or doesn't get to piggyback onto what Jorgensen had done, doesn't matter much because even if Chayrez steps fully into Jorgensen's LWDA notice and complaint, Jorgensen's position was that of representing employees for a PAGA period that didn't star...
2023.05.25 Demurrer 188
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.25
Excerpt: ... to Richmond's adoption of a new business tax mulel ("Measure U" or "the Richmond Business Tax") based on business' gross receipts instead of a flat tax rate. The new system, which was originally promoted as being "based on the Berkeley Model," results in significant increased taxes on plaintiffs. Plaintiffs allege their taxes have increased by a factor of more than and that their class of businesses, Class C, is disproportionately affected. (See...
2023.05.18 Motion for Preliminary Approval of Class Action Settlement 868
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.18
Excerpt: ...ffice position. The original complaint was filed on August 31, 2021 as a class action. PAGA claims were added by amendment in December 2022, and additional claims added in March 2023. The settlement would create a gross settlement fund of $750,000. The class representative payment to the plaintiff would be $10,000. Attorney's fees would be $250,000 (one-third of the settlement). Litigation costs would not exceed $15,000. The settlement administra...
2023.05.18 Demurrer to FAC 693
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.18
Excerpt: ...n complaint against John Muir Health (JMH). The Court previously sustained in part a demurrer to their original complaint. Plaintiffs allege that each of them is a Facebook user which gives them a unique Facebook ID associated with their Facebook profile and account. (FAC 55, 91, 95, 101, 106.) They further SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/18/2023 2 all...
2023.05.11 Motion for Final Approval of Settlement, Attorney Fees 999
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...ted, the administrator has mailed notces to 951 class members. Fourteen packets were returned by the post office. Follow up resulted in 10 new addresses, leaving 4 non- deliverable. No objections or requests to opt out have been received. 12 Both motions are granted. A. Background and Settlement Terms The original complaint was filed on September 28, 2020, raising claims under PAGA and a class action on behalf of non-exempt employees, alleging th...
2023.05.11 Motion for Final Approval of Class Action Settlement 073
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...ator has mailed notices to 533 class members. One packet was returned by the post offce. Follow up resulted in a new address, leaving none non-deliverable. No objections have been received, and only three class members have requested exclusion from the class settlement. The Court notes some confusion as to the amount of the settlement administration cost. The estimate at the time of preliminary approval was $11,857.70. Now the body of the motion ...

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