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2023.05.11 Motion for Class Certification 513
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...ourt ...." "The party advocating class treatment must demonstrate the existence of [1] an ascertainable and sufficiently numerous class, [2] a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. [Citations.]" (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021; see also Code of Civil Procedure S 382.) Plaintiff has the burden of showin...
2023.05.11 Motion for Class Certification 155
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...present are current or previous Operators that worked at Chevron's oil refinery in Richmond, California. The Operators belonged to a union (United Steelworkers Local 5), which was the sole bargaining representative of Chevron's employees. The union and Chevron had a collective bargaining agreement which covered the Operators throughout the period of November 25, 2019 through May 30, 2022. (Mohon at 9:22-28.) The collective bargaining agreement co...
2023.05.04 OSC Re Contempt 129
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...y that award of attorney fees has not been paid, and defendants seek to enforce it by contempt order. Left unspoken, however, is exactly what defendants mean by a "contempt order". What exactly do they contemplate the Court is supposed to do as a response to a contempt of court consisting of nonpayment of a judgment? Issue another order that Lewis pay up? Put him in jail? Give him a criminal conviction? Or what? It doesn't appear that defendants ...
2023.05.04 Motion to Compel Arbitration 735
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...reement between the parties that cover this actions' claims. The motion is denied, because in the Court's view defendant has waived the right to seek arbitration. The Agreement to Arbitrate Whether the arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. SS 1 et seq., or by the California Arbitration Act, Code of Civil Procedure SS 1280 et seq., the threshold issue of whether a valid and enforceable agreement to arbitrate ex...
2023.05.04 Motion for Summary Judgment, Adjudication 134
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...ENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/04/2023 7 Facts ["UMF"] No. 1; Neeno Decl. par. 3; Defs.' Additional undisputed Material Fact ["AUMF"] No. 1.) The Neeno Property is located near the top of the Martinez Ridge in or adjacent to the Muir Oaks subdivision of Martinez and was undeveloped when plaintiff purchased it. (AUMF No. 3.) The only paved access to the Neeno property is from Alhambra Avenue, a public road, is by using f...
2023.05.04 Motion for Preliminary Approval of Class Action Settlement 753
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...ment facilities. Plaintiff was employed at one of them in various hourly capacities between 2019 and 2021. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/04/2023 20 The original complaint was filed on August 27, 2021 as a class action. It was later amended to add a PAGA claim. The settlement would create a gross settlement fund of $395,000, payable in two equal insta...
2023.05.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 038
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...al 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 failed to reimburse employees for the cost of obtaining personal protective gear (such as masks) during the COVID crisis. The original complaint was filed on October 8, 2020. After a demurrer ruling, an amended SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MART...
2023.04.27 Petition for Writ of Mandate 738
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
Excerpt: ...Gate Project consistent with various applicable laws. They also seek a determination from this Court that the Project is consistent with the City's standards, and that the City cannot require a zoning amendment. The Court previously requested supplemental briefing to address several questions concerning Chapter 17.486 of the City's Municipal Code, the "blank map" located at section 17.486M8 of that Chapter, ripeness and the issues before the Plan...
2023.04.27 Motion to Compel Production of Docs in Compliance with Deposition Subpoena 633
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
Excerpt: ...ions or other issues requiring ruling as to these categories. Kalamas's counsel has informed defendants' counsel that Kalamas has no documents (or no documents not already SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 04/27/2023 2 produced) responsive to these categories. Defendants' counsel basically offer to take that as an answer, provided Kalamas gives them a writt...
2023.04.27 Motion for Final Approval of Class Action Settlement 481
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
Excerpt: ...otion for preliminary of her wage-and-hour case and settlement (MSC20- 00452), set for hearing on the same day, Line 8.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. Since preliminary approval was granted, the administrator has mailed notices to 7,873 class members. 1,298 packets were returned by the post office. Follow up resulted in 1,189 new addresses, leaving 10...
2023.04.27 Motion for Final Approval of Class Action and PAGA Settlement 462
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
Excerpt: ...ng on the same day, Line 9.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. Since preliminary approval was granted, the administrator has mailed notices to 1,149 class members. 119 packets were returned by the post office. Follow up resulted in 112 new addresses, leaving 7 non-deliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALI...
2023.04.27 Demurrer 119
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
Excerpt: ...is sustained with leave to amend. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 04/27/2023 4 Standard A court assessing a demurrer accepts as true the facts pleaded in the complaint, but rejects contentions, deductions and conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 956-67.) he Court giv...
2023.04.20 Motion to Strike New Causes of Action 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.20
Excerpt: ...at they were added without leave of Court. Argus also moves to strike the request and prayer for punt-ive damages on the grounds that they were added without leave of Court and that the SAXC contains no factual allegations against Argus to support an award of punitive damages. For the following reasons, the motion is granted. Judicial Notice Argus's unopposed Request for Judicial Notice is denied. The Court does not require judicial notce for doc...
2023.04.20 Demurrer 818
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.20
Excerpt: ...d on behalf of the People. Plaintiffs allege that defendants Monsanto Company, Solutia, Inc. and Pharmacia LLC are successors to a prior corporate iteration of Monsanto Company. (For purposes of this demurrer, the corporate distinctions among these entites is irrelevant and will be ignored; they will all be referred to as Monsanto.) Plaintiffs allege that Monsanto sold the chemical compound polychlorinated biphenyl (PCB) and products containing P...
2023.04.13 Motion to Vacate Court Order of Dismissal 526
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...ble neglect". And in the alternative, plaintiffs invoke the later provision of the subdivision, for vacating any dismissal based on "an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect". The motion is granted on the second of these alternative grounds. The statute provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgmen...
2023.04.13 Motion to Dismiss SACC 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...wart and Cross-complainant Agra Tech, Inc. designates the Civil Court in Rotterdam, the Netherlands as the exclusive forum for litigation between them. For the following reasons, the motion is denied. Evidentiary Matters Zwart's unopposed Request for Judicial Notice is denied. The Court does not require judicial notice for documents already in its own case file. The Court need not address Zwart's objections to the Sinke declaration. The Court has...
2023.04.13 Motion to Compel Arbitration and Stay Proceedings 756
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...employee of Defendant Matternet, Inc., a drone manufacturer and operator. Plaintiff was hired on February 28, 2022 as a drone "Visual Observer." On March 1, 2022, Plaintiff electronically signed various onboarding documents. Among them was an "At-Will Employment, Confidential Information, Invention Agreement, and Arbitration Agreement" ("Agreement"), which stated: "...l AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES THAT I MAY HAVE WIT...
2023.04.13 Motion to Compel Arbitration 164
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...ofers and Allied Workers, AFL-CIO and Associated Roofing Contractors of the Bay Area Counties attached as Exhibit A to the Bernal Declaration. Defendant's request for dismissal of the action in connection with the motion is denied; the Court in its discretion orders the action stayed pending completion of the arbitration. The parties shall appear at the further case management conference set at 8:30 a.m. on October 2, 2023 and advise the Court of...
2023.04.13 Motion for Final Approval of Class Action Settlement 644
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...e class consists of employees who directly provide those services. Preliminary approval of the proposed settlement was granted on November 28, 2022. Since preliminary approval was granted, the administrator has mailed notices to 2,141 class members. 133 packets were returned by the post office. Follow up resulted in 88 new addresses, leaving 46 non-deliverable. No objections or requests to opt out have been received. The motion for final approval...
2023.03.30 Petition for Writ of Mandate 738
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...sented, the parties' briefs either just assume their conclusions or bypass discussion of the issues altogether. Accordingly, before reaching the merits of an important public litigation, the Court wants to be sure that it really has both sides' substantive contentions fully laid out for consideration. If either party wants to take issue with the Court's indications on preliminary points, it should do so now, not wait for the tentative on the next...
2023.03.30 Motion for Preliminary Approval of Class Action Settlement 638
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...Settlement Terms Defendant and its affiliates, also sued as defendants here, are in the business of operating McDonalds restaurants throughout the area. Plaintiff worked in one such restaurant as a crew member in 2020. The original complaint was filed on July 30, 2021. PAGA claims were added by amendment in February 2022. The settlement would create a gross settlement fund of $3.5 million. The class representative payment to the plaintiff, and a ...
2023.03.30 Motion for Preliminary Approval of Class Action Settlement 157
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...in order. The motion is granted, conditioned on submission of a satisfactory supplemental declaration explaining Worksafe and the proposed cy pres provision. A. Background and Settlement Terms Defendant ISP2, and its subsidiaries also named as defendants, are in the business of SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/30/2023 10 operating a chain of restaurants...
2023.03.30 Motion for Preliminary Approval of Class Action and PAGA Settlement 604
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...f proposed class representative payments. A. Background and Settlement Terms Defendant is in the business of providing clinical outpatient intervention to autistic teens, and their families and caretakers, principally on an in-home basis. Each of plaintffs was employed by defendant for various periods in 2020-2022 in various hourly, non-exempt positions. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER...
2023.03.30 Motion for Final Approval of Class Action Settlement 023
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...TE: 03/30/2023 7 A. Background and settlement Terms The original complaint was filed January 8, 2020. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage statements, and reimbursement of employee business expenses. The case does not include a claim under PAGA. Since preliminary approval was granted, the administrator has mailed ...
2023.03.23 Demurrer to FACC, Motion to Strike 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.23
Excerpt: ... OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/23/2023 13 In a nutshell, the fundamental problem with TEG'S cross-complaint against Agra Tech is that it is a defense masquerading as a cross- complaint. Importantly, although there are numerous parties to this litigation, the only party that has sued TEG is Agra Tech. Accordingly, there are no claims against TEG, from plaintiff Natu...
2023.03.23 Demurrer to SAC 870
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.23
Excerpt: ...rrer to the third and fourth causes of action is overruled. Defendant shall answer the complaint within 15 days. Background On September 2, 2022 Plaintiff Shonte Herse filed this action against Defendant Harley-Davidson Motor Company, Inc. ("HDMC"), alleging violations of California's Song-Beverly Act (SBA, Civil Code SS 1790 et seq.), and the federal Magnuson- Moss Warranty Act (MMWA) (15 U.S.C. SS 2300 et seq.). In the operative Second Amended ...
2023.03.23 Petition for Coordination 273
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.23
Excerpt: ...on and PAGA case. • Chiesa v. Airgas, No. 34-2022-00325292, filed in Sacramento County on August 17, 2022 as a class action. • Chiesa v. Airgas, No. 34-2022-00328503, filed in Sacramento County on October 19, 2022 by the same plaintiff as the precedng case, as a PAGA-onl',' case. Pursuant to an order of the Chief Justice entered February 16, 2023, Contra Costa Superior Court was assigned to decide the motion, and the Presiding Judge of this c...
2023.03.16 Motion for Preliminary Approval of Class Action Settlement 154
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ...e science research and clinical SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 6 diagnostic products. Plaintiff worked in its manufacturing operations. The original complaint was filed on January 27, 2021 as a class achon. The class claims were dismissed pursuant to an unopposed motion based on an arbitration agreement and class action waiver, but PAGA claims...
2023.03.16 Motion for Approval of PAGA Settlement 413
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ...A case (not a class action), alleging a variety of violations of the Labor Cuie 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 work outside paid SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 10 time, and violations as t...
2023.03.16 Motion for Preliminary Approval of Class and Representative Action Settlement 784
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ... bus driver. The original complaint was filed on April 24, 2019 as a class action. PAGA claims were added by amendment shortly thereafter. The first amended complaint is the operative pleading. 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-third of the settlement). Litigation costs would not exceed $12,000. The settlement ad...
2023.03.09 Motion to Compel Arbitration 342
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...t. Parties are ordered to submit plaintiff's individual PAGA claims to arbitration and this proceeding is otherwise stayed, pending the outcome of arbitration. (Code of Civil Procedure S 1281.4.) The Court notes that this is a PAGA-only action. The same plaintiff filed a parallel class action in this Court asserting substantively similar claims. That case was removed to federal court. Defendant filed a parallel moton in the federal case to compel...
2023.03.09 Motion to Apply Texas Tort Law 322
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ... comply with rule 3.1116 of the California Rules of Court in future law and motion proceedings. Plaintiffs' Evidence. The bulk of plaintiffs' opposition evidence is of little value to the Court in deciding this motion. For example, plaintiffs' counsel attaches "Material safety data sheet[sl" and a related piece of correspondence as Exhibits 1-7 and 24, with no explanation of the nature or significance of these documents. Equally unhelpful are the...
2023.03.09 Motion for Preliminary Approval of Class Action Settlement 131
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...tlement would create a gross settlement fund of $390,000. The class representative payment to the plaintiffs would be $7,500. Attorney's fees would be $130,000 (one- third of the settlement). Litigation costs would not exceed $12,500. The settlement administrator's costs are estimated at $7,000. PAGA penalties would be $40,000, resulting in a payment of $30,000 to the LWDA. The net amount paid directly to the class members would be about $185,000...
2023.03.09 Demurrer to FAC 781
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...ons and for retaliation for asserting rights as tenants. The demurrer is and sustained with leave to amend as to the Eleventh cause of action. It is otherwise overruled. Plaintiffs shall have 30 days from the date of this order in which to amend. Defendants shall have 30 days from service of the amended complaint, or from expiration of Plaintiffs' time to amend, in which to respond. Background/procedural History On September 1, 2021, plaintiff Sa...
2023.03.09 Application for Leave to File SAC 901
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...before it an unrebutted factual showing by defendant which, if true, demonstrated to the Court's satisfaction that the proposed substitute plaintiff Norma Chayrez could not assert the claims at issue in the case, could not be an adequate class representative, and did not present a timely PAGA claim. As the Court summarized in that tentative ruling: [Chayrez] in fact worked at defendant only two days, in February 2020. During that time she did not...
2023.03.02 Motion to Compel Arbitration and Stay Court Proceedings 066
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...mmissions, or that Puri otherwise interfered with Saini's ability to receive commissions from transactions involving the family and friends of Burt Benepal. (Complaint, ¶ 22 and ¶ 30.) • The parties may, but are not required to, arbitrate the claim that plaintiff Saini is owed a 30 percent referral fee for the transaction that closed on June 29, 2022. (Complaint, ¶ 22 and ¶ 23.) This action is stayed pending the outcome of the arbitration. ...
2023.03.02 Motion to Compel Arbitration 594
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...all not prejudice the parties' right to stipulate to arbitration for all plaintiffs, should the parties deem that a more efficient mode of proceeding. Defendants' request for judicial notice is granted. This action is stayed pending the outcome of the arbitration, and of any judicial reference, subject to further court order. The Original Purchaser Plaintiffs. The plaintiffs who were original purchasers of their homes do not dispute that their pu...
2023.03.02 Motion to Compel Arbitration and Stay Proceedings 513
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...nd stay further proceedings. (Some of these individuals appear in the case only as trustees for trusts.) The distinctions among these moving defendants are largely irrelevant to the motion, and unless otherwise required, they will be collectively called the “Rhoads defendants” or “Rhoads parties”. Plaintiffs in the case are John Frazer and Cecilia Cruickshank (husband and wife), both suing solely on behalf of a family trust of which they ...
2023.03.02 Motion to Stay 548
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...ors, including its former Chief Executive Officer, Sam Bankman-Fried, are the subject of numerous pending civil actions, bankruptcy proceedings, and criminal investigations. Bankman-Fried and others are alleged to have misappropriated funds invested on the FTX.com platform, in part through another company owned by Bankman-Fried, Alameda Research. On November 11, 2022, FTX.com announced that it, FTX US, Alameda, and numerous related companies file...
2023.02.23 Motion for Summary Judgment, Adjudication 518
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.23
Excerpt: ... only on those issues relating to which entity or entities were responsible as the employer(s) of plaintiff Hill – Tesoro, or co-defendant Specialty Welding and Turn Arounds, LLC (SWAT). Background This action arises out of plaintiff's employment as a journeyman pipefitter for approximately three weeks from February 28 to March 19, 2019 at an oil refinery in Martinez owned and operated by defendant Tesoro. (Second Amended Complaint (2AC) ¶ 8.)...
2023.02.23 Motion for Preliminary Approval of Class Settlement 186
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.23
Excerpt: ...a class action in this County, and amended the complaint to add a PAGA claim. NCR removed the case to federal court based on the Class Action Fairness Act. Kalaveras's class claims were then dismissed, and the action remanded to this Court. Meanwhile, Missreezadah filed a PAGA-only case in Los Angeles County. The latter case was dismissed voluntarily, and Missreezadah was added by amendment as a plaintiff in the Contra Costa action. After a succe...
2023.02.23 Motion for Leave to Amend Complaint 819
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.23
Excerpt: ... require leave of court to amend. (Proposed defendant Quam is not a party in the case.) At a previous CMC the Court had informally observed that plaintiff's existing complaint is virtually SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/23/2023 9 devoid of any factual allegations. The present motion is presumably his response to that admonition. However, the proposed ...
2023.02.23 Demurrer to FAC 987
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.23
Excerpt: ... a procedural and jurisdictional subtext here, which neither side tries to conceal. Plaintiff sued three defendants (not counting Does) in her complaint, and again in her first amended complaint: Wal-Mart Associates, Inc.; Walmart Inc.; and Emmy Rodriguez. Plaintiff is evidently of diverse citizenship from the two corporate defendants, but not from Rodriguez. Defendants removed the case to federal court on the basis of diversity, asserting that R...
2023.02.16 Motion for Preliminary Injunction 817
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.16
Excerpt: ...tice of their request for a preliminary injunction by serving either a notice of motion or an order to show cause. (CRC 3.1150(a).) “An OSC must be used when … the party against whom the preliminary injunction is sought has not appeared in the action.” (Ibid.) “If the responding party has not appeared, the OSC must be served in the same manner as a summons and complaint.” (Ibid.) The OSC must describe the injunction to be sought at the ...
2023.02.16 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 812
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.16
Excerpt: ...TY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/16/2023 18 Since preliminary approval was granted, the administrator has mailed notices to 115 class members. No objections or requests to opt out have been received. A. Background and Settlement Terms The original complaint was filed on August 30, 2021, raising class action claims on behalf of non-exempt employees, alleging that defendant violated the Labor Code in ...
2023.02.16 Motion for Approval of PAGA Representative Action Settlement 589
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.16
Excerpt: ...ntiffs worked for defendants as hourly employees – Torres as a shipping/receiving clerk, and Rascon as a machinist. 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. Among other things, the action alleges violations centering ...
2023.02.16 Demurrer to FAC 580
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.16
Excerpt: ... care to assert one) seeking a judicial order requiring Kristin Pace to turn over particular documents or sets of documents from her prior service as an attorney for one or more of the cross-complainants. In all other respects, leave to amend is denied; indeed, it is not even requested. The Relevant Players In the interests of both readability and brevity, the Court will use convenient shorthand to speak of SUPERIOR COURT OF CALIFORNIA, CONTRA CO...
2023.02.09 Motion to Compel Arbitration 296
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.09
Excerpt: ...s are ordered to arbitration. The Court denies the motion to the extent it seeks dismissal of the action and grants the motion to the extent it seeks a stay of the action as to Plaintiffs' representative PAGA claims, as described below. This action shall be stayed through June 9, 2023. A case management conference is set for 8:30 a.m. on May 2, 2023. The parties shall include with their case management conference statements a report on the status...
2023.02.09 Motion for Preliminary Approval of Class Action Settlement 497
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.09
Excerpt: ...rrent and former hourly or non-exempt employees at defendant's restaurants. The motion will be granted if plaintiff provides a compliant declaration concerning submission of this proposed settlement to LWDA. 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 practice of understaffing its restaura...
2023.02.09 Motion for Judgment on the Pleadings 271
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.09
Excerpt: ...ed, subject to the possibility of either or both parties seeking to coordinate this case with the Venegas case. Preliminary Observations The key points of contention between the parties on this motion predictably center on a substantial difference between this case and the Venegas case – namely, that Venegas is pleaded only as a PAGA action, whereas this case is filed as both a PAGA claim and a purported class action. Looking back over the part...

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