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2021.04.29 Motion for Issuance of Writ of Mandate and Preliminary Injunction 048
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.29
Excerpt: ... May 20, 2021. The Court waives the usual page limitation on memoranda of points and authorities for the papers to be filed on May 13 and May 20. The Court requests that courtesy copies of all papers be provided to Department 39. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/29/21 ‐ 21 ‐ A. Procedural Posture. On January 13, 2021, petitioner Oak Hill Park Company (“Oak Hill”) commenced this proceeding by...
2021.04.29 Motion for Final Approval of Class Settlement 418
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.29
Excerpt: ... granted preliminary approval after requiring some supplemental briefing. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/29/21 ‐ 9 ‐ A. Terms of Settlement The proposed class would consist of all consumers in California who have or had a Mendocino Farms gift card with a balance of $10 or less from November 18, 2015 to the date of preliminary approval of the settlement. The relief provided is that Mendocino Fa...
2021.04.29 Motion for Final Approval of Class Action Settlement 299
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.29
Excerpt: ...Settlement Terms The original complaint was filed June 26, 2019. It is a class action complaint alleging failure to pay wages and/or overtime, failure to provide meal periods and rest breaks, and failure to reimburse business expenses. The complaint alleges that the plaintiff class regularly worked overtime, but the rate of overtime pay was not properly calculated because in calculating the regular rate of pay, defendant failed to include commiss...
2021.04.29 Demurrer 734
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.29
Excerpt: ...ealing (class); and (5) breach of the implied covenant of good faith and fair dealing (individual). Defendant demurs to Plaintiff's first four causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10 on several grounds. This demurrer came previously on for hearing on April 8, 2021. Before that hearing, the Court posted a tentative ruling on April 7, 2021 directing that the parties be prepared to discuss the following issues: Not...
2021.04.22 Motion for Judgment on the Pleadings 870
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.22
Excerpt: ...or before May 3, 2021, at 5 pm. The supplemental briefs shall not exceed ten pages in length, excluding any pages devoted exclusively to captions or signatures. Tables of contents/authorities are not necessary. The joint declaration shall be as long as needed to address the Court's question. The supplemental submissions shall address the following questions: (1) the briefing on the MJoP indicates that the parties agree that the Supreme Court's op...
2021.04.22 Motion for Final Approval of Class Action Settlement 678
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.22
Excerpt: ...ng the fees were in the court file, and the matters should have been scheduled together, the Court is considering the fees as part of the motion for approval and the later hearing date for the fee motion will be vacated.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/22/21 ‐ 3 ‐ A. Background and Settlement Terms The original complaint was filed December 24, 2019. It is a class action complaint alleging that...
2021.04.22 Motion for Attorney Fees 402
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.22
Excerpt: ...estar attorney's fee. The primary disagreement is that the City disputes the Scheer's claim for a multiplier of 1.5 in addition to the lodestar amount. Generally, fee multipliers may be approved by the court in its discretion, based on a variety of factors. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1138‐1139.) These factors include the risk of non‐payment of a contingent fee, whether this risk has been mitigated; and whether the matter involv...
2021.04.08 Motion to Bifurcate Issues of Enforceability 462
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.08
Excerpt: ...ss is defined as follows: “All current and former hourly‐paid or non‐exempt employees who worked for any of the Defendants within the State of California at any time during the period from four years preceding the filing of this Complaint to final judgment.” According to the Declaration of Ingrid Garcia, human resources director for VICI Incorporated, who also serves as the custodian for certain business records, VICI has employed approxi...
2021.04.08 Motion for Preliminary Approval of Class Action Settlement 030
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.08
Excerpt: ...laint was filed November 5, 2015, as a class action. It alleged that defendants Zagaris and Disclosure Source entered into an agreement under which PMZ obtained Natural Hazard Disclosure (NHD) reports to be used in real estate transactions from Disclosure Source, identified them as having been produced by Valley NHD, an entity controlled by PMZ, and marked up the price paid (from either $39 or $49 each to $88.95 each) without doing any additional...
2021.04.08 Motion for PAGA Representative Action Settlement 948
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.08
Excerpt: ...y overtime, failure to CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/08/21 ‐ 9 ‐ provide proper meal and rest breaks, and failure to provide accurate itemized wage statements. More specifically, plaintiff alleges that defendant did not reimburse for cell phone expenses even though a cell phone is needed for use of its mobile application, that defendant failed to pay for time worked traveling between patients...
2021.04.01 Motion for Confidentiality Order, to Compel Further Responses 816
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.01
Excerpt: ...; (3) an order permitting the deposition of third‐party Yale Investment Office (based on a previous order of the Court); and (4) monetary sanctions. While the notice of motion itself does not identify the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/01/21 ‐ 7 ‐ specific requests, the “Separate Statement” does, identifying several categories of requests to KCM: documents concerning plaintiff's contribu...
2021.04.01 Motion for Leave to File Amended Complaint 426
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.01
Excerpt: ...sting trial date has the potential to cause prejudice to that defendant. The new defendant may raise its own objections to the trial date once it makes an appearance. Background On July 22, 2016, plaintiff filed its complaint alleging anticompetitive activity on the part of defendants Richmond Patient's Group, Holistic Healing Collective, Inc., 7 Stars Holistic Foundation, Inc., William Koziol, Darrin Parle, Alexis Parle (aka Alexis Koziol), Rebe...
2021.04.01 Motion to Quash Service of Summons 426
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.04.01
Excerpt: ...is granted, as discussed below. Background On July 22, 2016, plaintiff filed its complaint alleging anticompetitive activity on the part of certain defendants. Those defendants were Richmond Patient's Group, Holistic Healing Collective, Inc., 7 Stars Holistic Foundation, Inc., William Koziol, Darrin Parle, Alexis Parle (aka Alexis Koziol), Rebecca Vasquez, Zeaad M. Handoush, Lisa Hirscchorn, Antwon Cloird, Cesar Zepeda, and Does 1 though 50. Alad...
2021.03.25 Motion to Approve PAGA Settlement 539
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.03.25
Excerpt: ...vertime, failure to provide proper meal and rest breaks, and failure to provide accurate itemized wage statements. The claims revolve specifically around “time shaving” practices and specified time‐consuming “clocking in” procedures, as well as off‐the‐clock labor caused by closing‐up procedures. Finally, plaintiff alleges that overtime was miscalculated by failure to include certain incentive compensation in the regular rate of p...
2021.03.18 Demurrer 406
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.03.18
Excerpt: ...s overruled as to the fourth cause of action. Background Plaintiff hired defendant, a licensed aesthetician, to perform a cosmetic permanent lip tattoo to serve as plaintiff's permanent lipstick. Defendant performed a lip tattoo, but allegedly used the wrong colors and the outline of plaintiff's lips turned a strong dark/burgundy color. Plaintiff had specifically requested this result be avoided. Because the shape and coloring was so “unattract...
2021.03.11 Motion for Preliminary Approval of Class Action Settlement 253
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.03.11
Excerpt: ... human resources services. A. Background and Settlement Terms The original complaint was filed November 26, 2018, as a class action. Plaintiff seeks leave to file an amended complaint, in order to raise PAGA allegations, which were not included in the original complaint. The PAGA notices were provided to the LWDA on November 6, 2020. Notice of the settlement was provided to the LWDA on January 19, 2021. The parties undertook discovery as part of ...
2021.03.11 Demurrer 038
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.03.11
Excerpt: ...e requested relief would require a trial court to assume the functions of an administrative agency, or to interfere with the functions of an administrative agency.' [Citation.] A court also may abstain when ‘the lawsuit involves determining complex economic policy, which is best handled by the Legislature or an administrative agency.' [Citation.] In addition, judicial abstention may be appropriate in cases where ‘granting injunctive relief wo...
2021.03.04 Motion to Strike 379
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.03.04
Excerpt: ...Motion is therefore brought by Aerotek alone. The Motion is granted in part. The following portions of the First Amended Complaint are stricken:  page 5, lines 8–9 (“and the failure to include premium pay for missed and/or interrupted rest and meal breaks”)  page 6, line 28 and page 7 line 1 (“and the meal and rest period premiums owed”)  page 4, line 21 [sic] (“and meal and rest period premiums”) No leave to amend has been...
2021.03.04 Motion to Approve PAGA Settlement and Dismiss PAGA Claim 312
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.03.04
Excerpt: ...stipulation, that the claims be sent to arbitration “with the exception of the PAGA claims[.]” The matter was stayed pending arbitration, and plaintiffs retained their right to pursue PAGA claims after the arbitration was completed. Plaintiffs have now filed a motion “to approve PAGA settlement and to dismiss PAGA claim.” At mediation, the parties reached an agreement resolving the individual claims. In addition each plaintiff “releases...
2021.03.04 Motion to Approve PAGA Settlement 925
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.03.04
Excerpt: ... itemized wage statements. The total settlement payment is $555,000. This is composed of $350,434.19 in PAGA penalties (of which 75% will be paid to the LWDA, and the aggrieved employees will receive 25%, allocated based on the number of pay periods that they worked), $185,000 in attorney's fees, costs of $13,665.81 (not to exceed $15,000), and $5,900 in costs to the settlement administrator (not to exceed $7,000). The fees, litigation costs and ...
2021.02.25 Motion to Quash Service of Summons 550
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.02.25
Excerpt: ...mproper. Failure to Timely File Defendant's Declaration Code of Civil Procedure section 473(b) allows a court “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” Rather than require Defendant to file a formal motion for relief under section 473(b), the Court requested a declaration from cou...
2021.02.25 Motion for Preliminary Approval of Class Action Settlement 253
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.02.25
Excerpt: ...oviding payroll and human resources services. A. Background and Settlement Terms The original complaint was filed November 26, 2018, as a class action. Plaintiff seeks leave to file an amended complaint, in order to raise PAGA allegations, which were not included in the original complaint. The proposed First Amended Complaint recites that PAGA notices were provided to the LWDA on November 6, 2020, but the record does not document that the notice ...
2021.02.25 Motion for Attorney's Fees 306
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.02.25
Excerpt: ...lleging two causes of action, trespass and nuisance. He alleges that Kalin rides his bicycle on a private road, Calle Arroyo, in the residential community known as Diablo, and that he encourages others to do so in violation of a judgment by the Court in a related action which declared that Calle Arroyo is private and not subject to a general right of access or use by the public. The anti‐SLAPP motion was not directed at the trespass cause of ac...
2021.02.18 Motion for Preliminary Approval of Class Action Settlement 878
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.02.18
Excerpt: ... supplemental information. Plaintiff filed a supplemental declaration and memorandum for this hearing. A. Background and Settlement Terms The original complaint was filed May 3, 2019. It is a class action complaint alleging failure to pay wages and/or overtime, failure to provide meal periods and rest breaks, failure to provide appropriate wage statements and failure to reimburse necessary business expenses. A Second Amended Complaint was filed o...
2021.02.18 Motion for Judgment on the Pleadings 155
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2021.02.18
Excerpt: ...rs at the Chevron refinery in Richmond. Plaintiffs challenge Defendant Chevron's practice of scheduling refinery Operators for mandatory “standby” shifts and failing to pay the required reporting time pay. Pursuant to Paragraph 5 of the Wage Order 1‐2001, an employee is entitled to reporting time pay when he or she “is required to report for work and does report, but is not put to work or is furnished less than half said employee's usual ...

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