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2024.03.07 Motion for Preliminary Approval of Class Action Settlement 149
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.07
Excerpt: ...rom a Go ogle search it appears that it operates a restaurant in Brentwood. Plaintiff alleges that she worked at defendant in a non- exempt hourly job, though her job duties and dates of employment are not identified. The original complaint was filed on May 15, 2023 as a class action. There are no PAGA claims and the case is being settled on a class action basis. The settlement would create a gross settlement fund of $172,500. The class represe...
2024.03.07 Motion for Preliminary Approval and PAGA Settlement 624
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.07
Excerpt: ...iff worke d for defendant as a customer service representative between April and November 2019. The original complaint was filed on March 26, 2021 as a class action. It was amended to add a PAGA claim, and further amended again. The settlement would create a gross settlement fund of $910,000. The class representative payment to the plaintiff would be $7,500. Attorney's fees would be $303,333 (one -third of the settlement). Litigation costs would...
2024.02.29 Petition to Compel Arbitration 498
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.29
Excerpt: ...ns alleging various v iolations of the Labor Code. This case, No. C23 -02498, is filed as a class action. The other, No. C23 - 03184, is filed as a PAGA -only case, but asserts essentially the same set of violations of the law. Although the cases would call for different treatment if AAA's motion to compel arbitration were to be granted, the cases raise essentially the same issues. Defendant's motion is denied. A court must order arbitration if...
2024.02.29 Motion to Compel Arbitration 405
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.29
Excerpt: ...igence, int entional misrepresentation, and negligent misrepresentation. Defendants Shapell Industries and Toll Brothers move to compel arbitration of Plaintiff's claims and stay the action pending arbitration. Plaintiff opposes the motion. For the following reasons, the motion is granted. Request for Judicial Notice Defendants' unopposed request for judicial notice is granted. (Evid. Code §§ 452, 453.) Analysis Legal Standard on Motions to Com...
2024.02.29 Motion for Attorney Fees, to Strike and Tax Costs 872
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.29
Excerpt: ..., however: T he Court believes that the analysis provided below should assist the parties in resolving most if not all of the open points of debate, and should provide a road map for how the sides can go about getting to a bottom -line result as to fees. Accordingly, the parties are SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/29/2024 39 directed to engage in subst...
2024.02.29 Motion for Approval of PAGA Settlement 333
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.29
Excerpt: ...ney's fe es, litigation costs, administration costs, and representative payment. The motion is granted with a modification. 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 c oncerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations ...
2024.02.29 Demurrer, Motion to Strike 357
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.29
Excerpt: ...d file an amend ed cross-complaint. If they decline to do so, Cross -Defendants' time to answer the surviving counts will run from then. Judicial Notice Cross- Defendants request Judicial Notice of a Lease and Lease Amendment between Cross -Defendant 1403 Locust Street LLC a nd Cross-Complainants Taleb and Abughaban. The lease agreements are not attached to the cross -complaint but they are directly referred to in it, and are the basis for two o...
2024.02.29 Motion to Compel Arbitration 524
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.29
Excerpt: ...levant time s” as an hourly-paid or nonSUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/29/2024 22 exempt employee. While Defendant is a Utah limited liability company, Plaintiff worked for Defendant in California. In May 2022, Defendant required all new employees to agree to the terms of a 25 -page document containing various policies and agreements titled the “Ap...
2024.02.22 Motion for Attorney Fees 943
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.22
Excerpt: ...P ruling tha t denied defendant's anti -SLAPP motion in part. Any renewal or amendment of the motion will be deemed timely by relation back to this motion. This case arises from a dispute between plaintiff SMP Construction and defendant Donna Holsten. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/22/2024 22 Holsten hired SMP to do some foundation work on her home. A...
2024.02.22 Demurrer, Motion to Strike 873
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.22
Excerpt: ...ey do not do so, Mitchell is given a further 28 days after that in which to answer the remaining counts of the cross -complaint. Background and the Pleadings This case arises from the buyout of plaintiff Mitchell's majority ownership in SPC, a painting contracting busine ss. SPC was founded by Mitchell and run by him until 2019. It encountered a number of business difficulties, including incurring substantial losses; being subject to an audit con...
2024.02.22 Demurrer to FAC 776
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.22
Excerpt: ...s denied as to the first and eleventh causes of action. If plaintiff contests this tentative 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 firs t challenge to the complaint, plaintiff is given leave to amend as to all remaining causes of action. Plaintiff shall file and serve any amended complaint by March 21, 2024. Shoul...
2024.02.22 Motion for Final Approval of Class Actions and PAGA Settlement 390
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.22
Excerpt: ...s member s. None of the packets was returned as undeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms The pleadings do not identify what business defendant is in, but from its website it is apparently in the business of locating buried utility lines for construction. The complaint alleges that plaintiff was employed at defendant during the relevant period, though it does ...
2024.02.22 Motion to Vacate Order to Compel Arbitration 164
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.22
Excerpt: ... governing these employment relationships at the time of the asserted claims. Plaintiff thereafter filed a claim in arbitration with the American Arbitration Association (AAA). Defendant has refused to participate in that arbitration proceeding, to respond to the arbitra tion claim, or to pay AAAA's fees. Hence, plaintiff has filed the present motion to vacate the Court's prior order compelling arbitration, asking instead that this case proceed...
2024.02.22 Petition for Writ of Mandate 579
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.22
Excerpt: ...nt City's certification of the P lan Orinda Final Environmental Impact Report/Responses to Comments on the Draft EIR ("FEIR") in connection with the approval of zoning modifications and general plan amendments (the "Project" or "Plan Orinda") approved on January 31, 2023. (Administrative Record ("AR") 1-116.) OSEE contends the City failed to comply with the California Environmental Quality Act, Public Resources C...
2024.02.22 Demurrer to SAC, Joinder 498
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.22
Excerpt: ...h, the demurrer by Budde and Ross to the first and second causes of action is sustained without leave to amend. If plaintiff contests the tentative to seek leave to amend, he should come to the hearing prepared to discuss in detail what he has in mind and how it will be sufficient. Budde does not demur to the third cause of action for negligence, which is asserted only against Ross. To the extent that Ross's cursory filing can be taken as demur...
2024.02.15 Motion for Preliminary Approval of Class and PAGA Action 503
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.15
Excerpt: ...as clean ers in 2020 and 2021. The case's procedural history is a little complicated. The original complaint was filed by plaintiff Grande on November 12, 2021 as a class action. PAGA claims were added by amendment in January 2022. However, upon presentation to pla intiff of an arbitration provision, plaintiff dismissed her class and individual claims, narrowing the case to a representative PAGA claim, and the parties stipulated to stay the case...
2024.02.15 Demurrer to FAC 617
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.15
Excerpt: ...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. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) "A demurrer tests the pleading alone, and not o n the evidence or facts alleged." (E -Fab, Inc. v. Accountants, Inc. Servs. (2007) 153 Cal.App.4th 1308, 1315.) Accordingly, the court assumes the truth of the complaint'...
2024.02.08 Motion to Compel Responses 807
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.08
Excerpt: ... Þrst sets of form interrogatories to each plainti¯, served on or about April 26, 2023; and (2) defendant's Þrst sets of requests for production of documents to each plainti¯, served on or about May 7, 2023. Within ten days thereafter, plainti¯s are ordered to produce all responsive documents, without objections. These discovery requests were served last April and May. Purported responses were served last August. The responses, however, w...
2024.02.08 Motion to Compel Arbitration 909
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.08
Excerpt: ...perpetrator. He has sued the person who assaulted him (named as John Doe), the landlord of the apartment complex, and DoorDash. DoorDash has moved for an order compelling plainti¯ to arbitrate his claims against DoorDash and staying the remainder of the action pending the arbitration. Procedures for Enforcement of Arbitration Agreement Whether the arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., or by t...
2024.02.08 Motion for Summary Judgment 368
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.08
Excerpt: ...egligence cause of action on the grounds that: [Issue 1] Plainti¯ failed to plead the existence of any mandatory duty, [Issue 2] Plainti¯ cannot establish the breach of any mandatory duty owed, and [Issue 5] the primary assumption of risk doctrine bars said claim against the City. Defendant moves for summary adjudication on the premises liability cause of action on the grounds that: [Issue 3] Plainti¯ cannot establish the existence of a dan...
2024.02.08 Motion for Summary Judgment 343
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.08
Excerpt: ... the Complaint Defendants Claire and David Aschwanden and plainti¯s Cathleen and Wilrolan Ravelo were friends for a number of years David and Wilrolan served in the military together, then both worked on the San Francisco Police Department SWAT team since approximately 2017 (SSUMF 31) For clarity, and meaning no disrespect, the discussion will use Þrst names where necessary to distinguish the parties The Aschwandens invited the Ravelos to ...
2024.02.08 Motion for Summary Judgment 178
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.08
Excerpt: ...ligence. Defendants move on the grounds that (1) Defendants owed plainti¯ no duty of care and were not negligent; (2) Defendants had no actual or constructive notice of an unreasonably dangerous condition; and (3) Defendants' acts or omissions did not cause or contribute to Plainti¯'s injuries. For the following reasons, Defendants' Motion is denied. Brief Factual Background It is undisputed that on the evening of February 4, 2018, Plainti¯...
2024.02.08 Motion for Final Approval of Class Action Settlement, Attorney Fees 571
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.08
Excerpt: ...pproval was granted, the administrator has mailed notices to 1160 class members. 42 packets were returned by the post o¯ice. Follow up resulted in 35 new addresses, leaving 7 nondeliverable. No objections have been received, and only one request or exclusion. The motions are granted. A. Background and Settlement Terms Deendant is a country club. Plainti¯ was employed there as a banquet server rom July 2019 to March 2020. The original compl...
2024.02.08 Demurrer to Amended Complaint 546
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.08
Excerpt: ...for breach of the peace. Commercial Code § 9609 provides that “after default, a secured party may … take possession of the collateral … without judicial process, if it proceeds without breach of the peace.” Plainti¯ does not allege that Location ever did actually repossess his vehicle. He alleges that Location made an initial, but unsuccessful, attempt to do so on May 22, 2020. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ...
2024.02.01 Motion for Determination of Good Faith Settlement 637
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.01
Excerpt: ...eek the Court's approval of it as a good-faith settlement. Defendant Taylor Morrison has belatedly Þled an objection to the good- faith settlement. Taylor Morrison's basic argument is that although the settlement motions say the settlement releases plainti¯'s claims against everyone – including Taylor Morrison – for all claims relating to the sub-soil work, Taylor Morrison raises doubts about whether the release e¯ectively being provided...
2024.02.01 Demurrer to FAC 007
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.01
Excerpt: ...th leave to amend as to defendant Steven Thomas. Plainti¯ is given to February 23 in which to Þle and serve a second amended complaint. If it elects not to do so, Steven Thomas will be dismissed as a defendant, as the FAC's other cause of action is not asserted against him. Defendants request judicial notice of the FAC. The Court does not need judicial notice for a pleading in its own case docket. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COU...
2024.02.01 Motion for Summary Judgment 483
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.01
Excerpt: ...rd Code of Civil Procedure § 437c(o)(1) and (p)(2) provides the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded. Section 437c(p)(2) provides, in relevant part: A defendant or cross-defendant has met his or her burden of showing that a cause o...
2024.02.01 Motion to Quash Service of Summons 546
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.01
Excerpt: ...orting to show service on November 8, 2023. The Þrst motion to quash (Line 10) is granted. As to the second motion (Line 11), plainti¯ and counsel to appear (Zoom okay) to discuss whether or not plainti¯ has belatedly complied with the requirement of mailing. This case arises from a car loan and repossession. In plainti¯'s c u r r e n t pleading, his Þrst amended complaint, there are only two defendants. Simple Cash Loans, Inc. (dba Monta...
2024.02.01 Motion for Protective Order 514
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.02.01
Excerpt: ...n clean and rentable condition. Defendants propounded routine written discovery to plainti¯, to which plainti¯ has not timely responded. This motion for a protective order does not dispute the content or form of the discovery. The motion contends only that “plainti¯” should be granted a protective order, of undeÞned duration, due to “plainti¯'s” inability to respond to discovery for medical reasons. “Plainti¯” is said to be...
2024.01.25 Petition for Coordination 310
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.25
Excerpt: ...ion petition, and recommends that the coordination proceedings be SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/25/2024 11 assigned to San Francisco Superior Court. Coordination All parties are in agreement that these cases are complex under California Rule of Court 3.502. They are likewise in unanimous agreement that these actions should be coordinated, proceeding ...
2024.01.25 Motion to Compel Arbitration 683
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.25
Excerpt: ...violation of Labor Code SS 1194 and 510; (3) violation of Labor Code S 2802; (4) violation of Labor Code S 226; (5) violation of Labor Code SS 201-204; (6) violation of Labor Code S 2598 et seq.; and (7) Business and Professions Code S 17200 et seq. Defendant moves pursuant to the Federal Arbitration Act to compel Plaintiff to submit all individual claims and non-representatve PAGA claims asserted in his FAC to arbitration. Defendant also moves o...
2024.01.25 Motion for Final Approval of Settlement 868
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.25
Excerpt: ... packets were returned by the post office. Follow up resulted in 14 new addresses, leaving 3 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant is a financial services company offering a variety of services. Plaintiff was employed there in a non-exempt offce position. The original complaint was filed on August 31, 2021 as a class action. PAGA claims were add...
2024.01.25 Motion for Final Approval of Class Action Settlement 538
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.25
Excerpt: ...emailed to corrected addresses, leaving 2 undeliverable. There have been no objections or requests for exclusion. The motion is granted, subject to clarification as to the proposed dates of payment (see below). Counsel are to appear (Zoom okay) to clear this point up. 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 origi...
2024.01.25 Demurrer, Motion to Strike 543
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.25
Excerpt: ...issolution of partnership) or seventh cause of action (declaratory relief). The Court notes that it does not appear that anpne in this case contends that there is any partnership to be dissolved, however, so count 3 may be moot. The Court further notes that the SAC as filed had two plaintiffs, namely Olivarez personally and JR National Floral Network, LLC (referred to by all parties as "JR LLC"). Plaintiff has since filed a dismissal with prejudi...
2024.01.18 Motion for Reconsideration 033
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ... to exercise its discretion to reconsider the prior arbitration ruling at this point, for two reasons. First, while plaintiff has accurately described the state of the law, the legal issue must be regarded as unsettled in light of the pending Supreme Court review. And second, it is unclear that it would make practical sense to reverse only part of the prior ruling at this juncture, in light of the pendency and progress in the arbitration proceedi...
2024.01.18 Demurrer to FAC 933
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ... solicited funds from him for purchase of Structured Assets. (ld. at 10.) According to Plaintiff, Defendant "represented to Plaintiff that Plaintiffs retirement funds would be loaned to individuals and in exchange the individuals would secure payment to Plaintiff from their monthly vested Federal Government Pension payments. Adao further advised Plaintiff that he could purchase options from a Performance Arbitrage company, Inc. SUPERIOR COURT OF ...
2024.01.18 Motion for Final Approval of Class Action Settlement 257
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ...e administrator has mailed notices to 283 class members. After follow-up, no notices were non-deliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant 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 plain...
2024.01.18 Motion for Summary Judgment 163
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ...general negligence; (2) medical malpractice; and (3) premises liability. For the following reasons, the motion for summary judgment is denied. The alternative moton for summary adjudication is granted in part and denied in part. It is granted as to the premises liability claim (count 3), but denied as to the medical malpractice claim (counts 1 and 2, treated as a single claim). Legal Standard Code of Civil Procedure S 437c(o)(1) and provide the r...
2024.01.18 Motion to Compel Discovery Responses, for Monetary Sanctions 293
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ...RNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/18/2024 5 All matters included in Atlantic Casualty's first set of requests for admissions (served on or about June 21, 2023) are deemed admitted. In its Order After Hearing, Atlantic Casualty should spell those matters out verbatim to avoid any ambiguity as to what is so deemed. Plaintiff is further ordered to serve complete responses, verifie...
2024.01.18 Motion to Set Aside Entry of Default 643
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.18
Excerpt: ...a's motion is continued to that date to ascertain compliance. This is a lawsuit by plaintiff Nichols alleging defective home repair work. The contracts attached to the complaint are unclear as to whether the contracting entity was CalProHome or Bina personally, but it is uncontested that Bina was the principal of CalProHome. Bina, suing as "doing business as CalProHome", filed a small claims case against Nichols. ay order of SUPERIOR COURT OF CAL...
2024.01.11 Motion for Summary Judgment 523
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ... defective design and installation of a fire suppression sprinkler system at the residence they built on their property located at 2 Crane Court, Orinda, California (the Property). Plaintiffs allege they engaged defendant and cross-complainant Advanced Automatic Sprinkler, Inc. to design and install the fire sprinkler system. Advanced filed a cross-complaint on January 27, 2022 and added Supreme Glass Company by Roe amendment as Roe No. 26. (UMF ...
2024.01.11 Motion for Preliminary Approval of Class Action and PAGA Settlement 731
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ...01/11/2024 31 supplemental declaration as stated herein. A. Background and Settlement Terms Defendant is in the home warranty business. Plaintiff worked there as a non-exempt employee from September 2016 to December 2020, although her job description is not provided. The original complaint was filed on April 12, 2021 as a class- action and PAGA case. The settlement would create a gross settlement fund of $285,000. The class representative payment...
2024.01.11 Motion for Preliminary Approval of Class Action and PAGA Settlement 666
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.01.11
Excerpt: ...ts, and representative payment. Since preliminary approval was granted, the administrator has mailed notices to 68 class members. 3 packets were returned by the post office. Follow up resulted in 3 new addresses, leaving none nondeliverable. No objections were received, and only one class member opted out. The motion is granted, with a modification. Background and Settlement Terms Defendant provides safety monitoring services for utility lines an...
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 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...
2024.01.11 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...
2024.01.04 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 ...

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