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2024.05.30 Motion to Stay Pending Appeal 062
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...the motion is denied. Background Plaintiff Marcus Mitchell was employed by defendant San Pablo Healthcare and Wellness Center, Inc. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/30/2024 12 His complaint alleges a single cause of action under the California Private Attorneys General Act, Labor Code §§ 2698 et seq. (PAGA) for various wage and hour and other Labor Co...
2024.05.30 Motion for Reconsideration or to Deny Motion for Summary Judgment 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...ration M otion Defendants' prior summary judgment motion rested on four distinct arguments: 1. Plaintiff's present lawsuit is barred because of its failure to comply with the procedural requirements of Code of Civil Procedure § 474 as to naming Doe defendants. 2. P laintiff's present lawsuit is barred by judicial estoppel, arising from its inconsistent statements in the prior lawsuit as to whether it knew or didn't know the identity of the Doe d...
2024.05.30 Motion for Approval of PAGA Settlement 441
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: .... Plaintiff was employed by defendant during the relevant time period as a per sonal attendant. Plaintiff also moves for approval of her attorney's fees, litigation costs, administration costs, and representative payment. The motion is granted. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pa...
2024.05.30 Motion to Compel Arbitration 870
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.30
Excerpt: ...ey- Davidson motorcycle from defendant McGuire Powersports, LLC (McGuire or defendant) pursuant to a Retail Sales Installment Contract (RISC) dated April 27, 2022. (Declaration of David MacDonald, ¶ 3 and RISC, 1 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINE Z, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/30/2024 2 Exh. A.) Plaintiff filed an amendment to the complaint naming McGuire on January 30, 2023. (See ...
2024.05.23 Motion to Compel Arbitration 918
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ... December 2 020 through July 2023. (Declaration of Melissa Harborne 1/29/24 (“First Harborne Decl.”) ¶ 3.) Plaintiff Donna Prevost worked for CMG as an hourly, non -exempt funder from approximately 2016 through 2023, and was also based in San Ramon, California. (First Harbourne Decl. ¶ 4.) On November 15, 2023, Plaintiffs filed a class action complaint against Defendant alleging that Defendant engaged in a pattern and practice of wage abus...
2024.05.23 Motion for Preliminary Injunction 262
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...cedure § 5 29(a); and (b) Plaintiffs filing amended proofs of service demonstrating service of the summons, complaint, and motion pleadings on defendants Town SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TRE AT HEARING DATE: 05/23/2024 14 of Moraga and Z -Golf Food and Beverage Services, LLC dba Wedgewood Weddings as set forth below. Specifically, the Court grants a preliminary injunc...
2024.05.23 Demurrer 977
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...ief, the cas e arose out of allegations that plaintiff was stabbed on the premises of a restaurant in Pacheco. Counsel filing the complaint on Fernandez's behalf was Robert Rodriguez. However, Rodriguez was suspended from the practice of law on April 30, 2021, and he was disbarred on September 23, 2022. The parties have not identified the grounds for the suspension and disbarment, but there is no contention that they arose from any conduct dire...
2024.05.23 Demurrer 091
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.23
Excerpt: ...h caus e of action for abuse of process is sustained without leave to amend. Tyma's demurrer to the fifth cause of action for injunctive relief is sustained with leave to amend as set forth below. If Be Kind contests this tentative ruling to seek leave to amend the third and fourth causes of action, it should come to the hearing with a specific proposal as to how it intends to amend the complaint and argument as to how the amendment will salvag...
2024.05.16 Motion for Preliminary Approval of Class Action and PAGA Settlement 628
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...tes, it app ears that Staffers is in the business of providing temporary clinical personnel to cover open shifts for health care organizations. Plaintiff Valpey, a certified nursing 1 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIA L OFFICER: CHARLES S TREAT HEARING DATE: 05/16/2024 assistant, worked at least two extended assignments for Staffers, in Modesto and Walnut Creek. Valpey's declaration states that ...
2024.05.16 Demurrer on FAC 425
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ointed to represent the estate in civil litigation. The remaining plaintiffs are the surviving children of the decedent. The attorney who filed the original complaint and FAC has subbed out, and counsel for plaintiffs now is Tariq Mohaddidi, representing himself and the remaining plaintiffs. However, he has filed no opposition to this demurrer or motion to strike. The FAC names three defendants: Dr. McWhirter, who has answered; Dr. Kamlot, who ...
2024.05.16 Demurrer, Motion to Strike 212
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...f law.” (H oliday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint “is sufficient if it alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550 (“Doe”)), but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the pl...
2024.05.16 Motion for Preliminary Injunction, OSC Re Preliminary Injunction 563
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ... Country Club Drive, Lafayette (in unincorporated County). The complaint alleges that plaintiff David Forkosh entered into a business deal with plaintiff Suraj Ethirajan and defendants Brian Adair, Perry Gong, and Diquan Gong. The purpose of the deal was to acq uire, rehabilitate, and flip the property. Forkosh was to contribute construction work (personally and through subcontractors). However, Forkosh (who had taken up residence) was evicted f...
2024.05.16 Motion for Summary Adjudication 192
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ur and PAGA claims against Chevron U.S.A. Inc., Contra Costa Electric, Inc., Nooter Construction Company, and Nooter Corporation. Plaintiff moves for summary adjudication of the following affirmative defenses asserted in CCE's Amended Answer: Twenty- Eighth (Bar and Release), Twenty -Ninth (Collateral Estoppel and/or Res Judicata), and Thirtieth Affirmative Defenses (Double Recovery). Each affirmative defense centers around the argument that Plai...
2024.05.16 Motion for Summary Judgment 895
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.16
Excerpt: ...ted. Judici al Notice Defendant requests judicial notice of four exhibits. Judicial notice is granted as to Exhibits 3 and 4, which are a filing and a transcript from plaintiff's family -law case in Monterey Superior Court. (See, e.g., Cuenca v. Safeway San Francisco E mps. Fed. Credit Union (1986) 180 Cal.App.3d 985, 997; People v. Smith (1989) 215 Cal.App.3d 19, 25.) Notice is denied as unnecessary as to exhibits 1 and 2, which are the Court's...
2024.05.09 Petition Re Writ of Mandate 046
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...rtment offic ers responded to a report that a vehicle had driven into a ditch. (Administrative Record (“AR”) 9.) On arrival, Officer Culberson observed petitioner's Acura SUV wedged between a fence and the street. (Ibid.) Upon making contact with petitioner, Officer Cu lberson observed objective signs of intoxication, including the odor of an alcoholic beverage, and petitioner's slurred words, and unsteady balance. (AR 9.) Petitioner expresse...
2024.05.09 Motion to Dismiss Judgment 645
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...Brentwoo d and the City Council for (1) violations of CEQA, (2) violations of the general plan, (3) due process pursuant to 42 U.S.C. § 1983, (4) injunctive relief, and (5) declaratory relief. The real party in interest is Costco Wholesale Corporation. In general, the petition raises issue of CEQA compliance as to a project that Costco proposes to develop in Brentwood. Respondents and Real Party bring this motion to dismiss Discovery Builders, a...
2024.05.09 Motion for Attorney Fees 203
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...ailing party. In stead, they expressly provided that such fees and costs could be sought by a noticed motion. This is that motion. Plaintiff's motion for attorney's fees and costs is granted, but only to a limited extent. Plaintiff is awarded attorney's fees in the amount of $10,687.50, and costs in the amount of $508.61. Background, Litigation, and Settlement Plaintiff alleged that he bought a new 2017 Chevy Silverado. Without going into (now) i...
2024.05.09 Demurrer 403
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.09
Excerpt: ...eaches different results as to the several demurrers filed. The demurrers by California Burrito #1, Inc. through California Burrito #12, Inc. are sustained without leave to amend, but without prejudice to plaintiffs filing the required motion for leave. The motions to strike by these defendants are denied as moot. The demurrers as to California Burrito #13, Inc., California Burrito #14, Inc., and California Burrito #15, Inc. are sustained with ...
2024.05.02 Motion to Dismiss, Demurrer to FAC 416
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
Excerpt: ...lusive foru m for litigation between them. For the following reasons, the motion is denied. Legal Standard In accordance with California Code of Civil Procedure § 418.10(a)(2), a defendant may serve and file a notice of motion “to stay or dismiss [an] action on the gr ound of inconvenient forum.” Upon such a motion, if in the interest of substantial justice, a court finds that an action should be heard in a forum outside California, the co...
2024.05.02 Motion to Compel Arbitration 122
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
Excerpt: ... requested a statement of decision under Code of Civil Procedure § 1291: “A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment … is made that is appealable under this title [Title 9, Arbitration].” A denial of a motion to compel arbitration is appealable under Code of Civil Procedure § 1294(a). Arguably the request does not comply with the requirement of § 632 that it “...
2024.05.02 Motion for Summary Judgment 984
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
Excerpt: ...g – and it di d not review or rely upon the original Points and Authorities. Defendant's request for judicial notice is denied because the Court does not need judicial notice for documents in this docket file. Factual Background This matter concerns injuries allegedly sustained by Plaintiff Juana Thomas as a result of the “new” fare gates installed at the Richmond BART station in 2019. BART Fare Gates In 2018, the District began investigat...
2024.05.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 724
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
Excerpt: ...its websit e it is apparently in the business of constructing foundations for swimming pools and similar features. Plaintiff Quiroz worked for defendant as a laborer from 1989 to 2020. Plaintiff Basurto worked as a lead from 2009 to 2022. The original complaint was fi led by plaintiff Quiroz as a PAGA and class -action case on March 14, 2022. It was amended later to include claims for piece rate employees. (The majority of defendants' non - exem...
2024.05.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 412
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.05.02
Excerpt: ...e LWDA. E. Background and Settlement Terms Defendant operates major hospital and other medical facilities throughout the County. Plaintiffs were SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/02/2024 employed as non- exempt hourly employees of defendant, though their job duties are not specified. Lundsgaard worked at John Muir from 2021 to 2021; Randolph from 2016 t...
2024.04.25 Demurrer to FAC 272
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ...emurrer is otherwise overruled. The Dis trict shall file and serve its answer by May 9, 2024. In addition, as discussed below, the matter is set for June 5, 2024 at 8:30 a.m. (the next CMC date) for an order to show cause why the complaint should not be dismissed for the inappropriate attempted representation of a trust by a non-attorney. Background and Allegations Plaintiff is one of the trustees of the Jordan Family Trust, which owns real prop...
2024.04.25 Motion for Approval of PAGA Settlement 641
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ...laintiff als o moves for approval of his 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 violations of the Lab or Code. The allegations have been revised by amendments, but as framed in the second amended complaint they center principally on untimely payment of wages. This case was first �...
2024.04.25 Motion for Final Approval of Class Action Settlement 731
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ... granted, the administrator has mailed notices to 120 class members. No packets were returned by the post office, and there are thus no nondeliverable notices. One additional person came forward and, after inquiry, was determined to be a class member as well. No o bjections or requests to opt out have been received. The motions are granted. E. Background and Settlement Terms Defendant is in the home warranty business. Plaintiff worked there as a ...
2024.04.25 Writ of Mandate 306
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ... notify th e Court and opposing counsel by 4:00 p.m. on the date of this posting, April 24. In short, the Court now rules: • Although there is a question about the report being read by Judge Campins, there is no broader prohibition on the Court generally (a differen t Judge) seeing and reviewing the report. • The District Attorney's office, however, may not see the report, at least not at this point. • The Court can and should review the re...
2024.04.25 Motion for Preliminary Approval of Class Action Settlement 576
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.25
Excerpt: ... locations . Plaintiff is a former nonexempt employee of defendants, though her job description and employment dates are not provided. The original complaint was filed on March 3, 2021. Several amendments were made, one of which (in September 2022) added PAGA claims. The settlement would create a gross settlement fund of $625,000. The class representative payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICI...
2024.04.18 Motion for Summary Judgment 126
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.18
Excerpt: ...l of th e party's intention to contest, specifying the issues to be contested. As stated in last week's tentative ruling, however, even if there is no contest, counsel are to appear (Zoom okay) to discuss scheduling and the future course of this case. The Court va cated last Friday's scheduled Issue Conference/Mandatory Settlement Conference in light of its not having decided this motion yet. Moreover, the Court predicted last week that the prese...
2024.04.11 Motion to Enforce Settlement Agreement 588
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.11
Excerpt: ...parties have made , given that there have been both multiple “settlement agreements” entered into since the original one, and multiple recitations to the Court of unresolved issues requiring further negotiation and agreement. The motion before the Court purports to say that the settlement to be enforced is the one that was “agreed to at the Mediation conducted in this matter on October 15, 1998 in front of Mediator Hon. Mark Eaton”. That ...
2024.04.11 Motion for Summary Judgment to FAC 157
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.11
Excerpt: ...ote") secured by a deed of trust on Plaintiffs' single - family residence located at 1452 Club View Drive in El Cerrito. (First Amended Complaint (with errata) ("FAC") ¶¶ 1, 4, 12 -15; P. Pan Decl. Exh. C [deed of trust].) Defendants Peter Pan and Jenny Pan (the "Pans" fo r convenience) are the lenders under the Note. On March 22, 2022, the Pans issued a Notice Pursuant to California Civil Code § 2966 ("Section 2966...
2024.04.11 Motion for Preliminary Approval of Class Action Settlement 150
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.11
Excerpt: ...or concer ts and similar events. Plaintiffs state that they were employed in non -exempt positions, though their job descriptions and employment dates are not provided. Plaintiff King filed her original complaint as a PAGA case on March 7,2023. She filed a parallel c lass action on May 15, 2023. The class action was amended in December to combine the two cases and to add plaintiff Hill. The settlement would create a gross settlement fund of $80...
2024.04.11 Motion for Preliminary Approval of Class Action Settlement 007
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.11
Excerpt: ...E: 04/11/ 2024 23 A. Background and Settlement Terms Defendant is in the business of providing extended vehicle service programs and ancillary finance and insurance products. This class -action case arises from its alleged former practice of recording consumer pho ne calls, made on cellular or wireless phones, without proper consent or notification. Plaintiff made two such calls in October and November 2022. The original complaint was filed on...
2024.04.11 Motion for Approval of PAGA Settlement 718
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.11
Excerpt: ..., administr ation costs, and representative payment. The motion is granted. A. Background of the Case and Terms of Settlement The total settlement payment is $275,000. Out of this is to come attorney's fees of $91,667 (one -third of the recovery); $22,305 in litigation costs, and $3,950 in costs to the settlement Administrator. The This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to prov...
2024.04.11 Demurrer to FAC 066
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.11
Excerpt: ...May 10 in which to file and serve a second amended complaint, if they choose to. In the event that they elect not to amend, defendants Puri and Compass are given to June 7 in which to answer the surviving contract count of the complaint. (If there is no amendment there will remain no claim pending against defendant Mehringer. There will also remain no live claim being asserted by plaintiff Kandola.) The Court further observes that although it is...
2024.04.11 Demurrer to Amended Answer 179
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.04.11
Excerpt: ...e defenses. For the following reasons, Plaintiff's Demurrer to Defendants First, Second, Ninth, Tenth, Twelfth, Thirteenth, and Fourteenth Affirmative Defense is overruled, and Plaintiff's Demurrer to Defendant's Third, Fourth, Fifth, Sixth, Seventh, Eighth, Eleventh and Fifteenth Affirmative Defense is sustained, with leave to amend as to all but the fifteenth affirmative defense. Legal Standard Code of Civil Procedure § 430.20(a) provides for...
2024.03.28 Demurrer to SAC 652
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.28
Excerpt: ...remaining counts. Plaintiff alleges that she was rear -ended in a traffic accident by defendant Renee Thomas. Ms. Thomas said she was calling the Brentwood police, but the officer who actually showed up was a CHP officer who falsely identified himself as Officer Spe ars. Plaintiff alleges that in fact “Officer Spears” was Officer Donnie Thomas, Renee Thomas's husband. Officer Thomas engaged in various investigative steps such as taking plain...
2024.03.28 Demurrer 856
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.28
Excerpt: ...e, but in which Judge Devine granted defendant's motion to designate plaintiff as a vexatious litigant. The present suit is not technically barred by that prefiling- screening order due to the overlapping timing; this suit was filed while the vexatious -litigant moti on was pending, but before it was granted. Nevertheless, this suit appears clearly to constitute a continuation of the same abusive litigation misconduct that caused Judge Devine t...
2024.03.28 Demurrer to FACC 817
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.28
Excerpt: ...nd amended cros s-complaint by April 19, 2024. This is a lawsuit between two former cohabitants, previously involved romantically and otherwise with each other; the female plaintiff is substantially younger than the male defendant. The male party has filed a first amende d cross-complaint against the female. This is her demurrer to his FAXC. The Court had previously sustained a demurrer to the original cross -complaint. The grounds for that rul...
2024.03.28 Motion for Preliminary Approval of Class Action Settlement 620
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.28
Excerpt: ...eged breach of confidential data. The proposed settlement terms involve an array of offered curative steps rather than the more typical cash payments. And, refreshingly, the items usually to be deducted from the gross settlement amount (such as attorney's fees, administrative costs, and representative payments) are being funded directly by the defendant outside of the settlement fund. A. Background , Subject Matter, and Course of Proceedings Cli...
2024.03.28 Motion for Preliminary Approval of Class Action and PAGA Settlement 359
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.28
Excerpt: ...tions. F or that reason the Court does not view this as cause for recusal. Plaintiff Nicole Paris moves for preliminary approval of her class action and PAGA settlement with defendant Allergy & Asthma Medical Group of the Bay Area, Inc.. The motion is granted. A. Background and Settlement Terms Defendant is a medical group treating patients in the specialty of allergies. Plaintiff was employed as a non -exempt employee, though her dates of employ...
2024.03.28 Motion for Preliminary Approval of Class Settlement 047
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.28
Excerpt: ...oyed ther e as nurses – two of them from 2016 to 2020, though the third plaintiff's dates are not provided. The original complaint was filed on October 1, 2021 as a class action. Plaintiff Hudson separately filed a PAGA action on the previous day. The parties stipul ated to consolidate the actions. The settlement would create a gross settlement fund of $3,000,000. The class representative payments to the plaintiffs would be $10,000 each. Atto...
2024.03.28 Motion for Summary Adjudication 503
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.28
Excerpt: ...age in viol ation of Labor Code § 1194(a), and the fourth cause of action for failure to provide timely paystubs in violation of Labor Code § 226(e). Plaintiff's MSA is granted as to the fourth cause of action. As to the first cause of action, the motion is continued to April 11, 2024 at 9:00 a.m. for consideration of a supplemental and corrective submission by plaintiff as to the damages calculations. Request for Judicial Notice In support of...
2024.03.14 Motion for Preliminary Approval of Class Action and PAGA Settlement 697
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.14
Excerpt: ... 15, 2023 as a class action. PAGA claims were added by amendment on June 2. The settlement would create a gross settlement fund of $220,000. The class representative payment to the plaintiff would be $7,000. Attorney's fees would be $73,333 (one -third of the settlement). Litigation costs would not exceed $15,000. The settlement administrator's costs are estimated at $8,000. PAGA penalties would be $30,000, resulting in a payment of $22,500 to th...
2024.03.14 Motion for Attorney Fees 142
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.14
Excerpt: ... resolved in t heir favor, it was the operative catalyst in securing the relief petitioners sought, namely the termination of the Tree Removal Agreement (TRA) between Pacific Gas and Electric Company (PG&E) and the City of Lafayette. Although petitioners' present motion does not limit itself to seeking an award against only PG&E (rather than the City), only PG&E has filed an opposition. The Court would have welcomed the City's input on the issu...
2024.03.14 Demurrer, Motion to Strike 679
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.14
Excerpt: ...mended complaint (FAC), namely count 3 (covenant of quiet enjoyment), count 4 (intentional infliction of emotional distress), and count 6 (covenant of good faith and fair dealing). The demurrer is sustained without leave to amend. FPI is given 21 days in which to a nswer the remaining causes of action against it. If plaintiff contests this tentative ruling to seek leave to amend, he should attend the hearing prepared to discuss in detail what am...
2024.03.14 Demurrer 253
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.14
Excerpt: ...violation of the California family rights act; (7) failure to provide meal & rest periods; (8) failure to provide overtime wages; (9) unfair business practices; (10) retaliation and wrongful termination in violation of public policy; and (11) intentional infliction of emotional distress. Defendant demurs to Plaintiff's causes of action for (1) disability harassment and (11) intentional infliction of emotional distress pursuant to Code of Civil ...
2024.03.07 Motion to Compel Arbitration 516
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.07
Excerpt: ...y, Western Surety Company for (1) breach of contract, (2) intentional misrepresentation, (3) false promise, (4) negligent misrepresentation, (5) accounting and refund, and (6) enforcement of contractor's license bond. Defendants Red Door, Zhobin Safdari, and Cynthia Safdari move to compel arbitration of Plaintiffs' claims and stay the action pending arbitration. Plaintiffs oppose the motion. For the following reasons, the motion is granted. Reque...
2024.03.07 Motion to Compel Arbitration 413
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.07
Excerpt: ... motion, though without separate argument or exposition. Plaintiff's opposition raises no points or arguments that would apply only to Amazon, nor does it make any arguments (aside from the filing date) as to why a ruling in EVLO's favor should not also apply to Am azon. Accordingly, the motion is granted for Amazon as well. Factual Background EVLO was a delivery service based in San Jose that began doing business on or about August 17, 2018, an...
2024.03.07 Motion for Summary Judgment 970
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.07
Excerpt: ...reekside") al leges it is the owner of an apartment complex in El Cerrito known as Creekside Walk Apartments (the "Project"). (Def. Sep. Stmt. ("SS") of Undisputed Material Facts ("UMFs") No. 2.) Creekside has filed two lawsuits concerning alleged construction defects a t the Project, one against the general contractor (which the parties and the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT...

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