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4063 Results

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2023.09.18 Demurrer 797
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.09.18
Excerpt: ...f entry of order to answer the FAC. Background Plaintiffs Adele Connor and Mirabel Connor filed suit against Defendants Ki Young Chung and Sarah Chung, alleging that Plaintiffs are tenants of 3580 Boyer Cir., Lafayette, California 945499 (the "Property"). The Property is alleged to be owned and controlled by Defendants. Plaintiffs allege that Defendants had notice of, and failed to remedy, substantial habitability issues, and retaliated against P...
2023.09.14 Motion for Summary Judgment 179
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.14
Excerpt: ...Jr. Defendants were served with a three-day notice to vacate the property on April 27, 2022. The Defendants have failed to vacate and unlawful detainer proceedings were filed on May 12, 2022. PL has brought a motion for summary judgment based on the pleadings, asserting that PL is entitled to summary judgment because there is no issue of triable fact regarding the unlawful detainer. Defendants object, asserting that they are tenants of the proper...
2023.09.14 Motion for Summary Judgment 142
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.14
Excerpt: ...aratory and Injunctive Relief and for Attorneys Fees. PG&E moves pursuant to Code of Civil Proc:edure S 437c on the grounds that the Second Amended Pettion challenging the Letter Agreement for Tree Removal is moot given the United States Bankruptcy Court's order rescinding and voiding the challenged Tree Removal Agreement. For the following reasons, the Motion is granted. Request for Judicial Notce PG&E requests judicial notice of several State a...
2023.09.14 Motion for Final Approval of Class Action Settlement 131
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...eliverable. No objections out have been received, and only one class member has opted out. The motion is granted. B. Background and Settlement Terms The original complaint was filed on October 5, 2021. A PAGA claim was added by later amendment. The settlement will create a gross settlement fund of The class representative payment to the plaintiff will be $7,5W. Attorney's fees will be $130,WO (one-third of the settlement). Litigation SUPERIOR COU...
2023.09.14 Motion for Final Approval of Class Action and PAGA Settlement 154
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...ts were returned by the post offce. Follow up resulted in 27 new addresses, leaving 7 nondeliverable. No objections have been received; there have been 4 valid opt-out requests. The motion is granted. A. Background and Settlement Terms Defendant is in the business of developing and selling life science research and clinical diagnostic products. Plaintiff worked in its manufacturing operations. The original complaint was filed on January 27, 2021 ...
2023.09.14 Motion for Approval of Representative Action Settlement 762
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...und of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations for unpaid off-the-clock time and untaken or shortened rest and meal breaks. This case was first filed by Iraheta on April 19, 2021 as a...
2023.09.14 Motion to Approve PAGA Settlement 934
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.14
Excerpt: ...violations during the period of the initial COVID emergency'. After a demurrer was sustained to part of plaintiff's claim, her first amended complaint focused specifically on allegations that defendant unlawfully required employees to exhaust personal leave time before taking COVID-related sick time as authorized by emergency' statutory provisions. The total settlement payment is Out of this is to come attorney's fees of $41,667 (onethird of the ...
2023.09.13 Motion for Judgment on the Pleadings 867
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...tradeline on his credit report in September 2020, Plaintiff Terrence Brewer filed his original complaint on April 30, 2021. That complaint contained six causes of action brought under the Investigative Consumer Reporting Agencies Act (Civ. Code S 1786 et seq.) ("ICRAA") and the Consumer Credit Reporting Agencies Act (ld., S 1785.1 et seq.) ("CCRAA"). On August 18, 2022, Experian filed a Motion for Judgment on the Pleadings as to all six causes of...
2023.09.13 Demurrer 187
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...all serve and file notice of entry of order. Plaintiffs have 30 days from written notce of entry in which to amend. Defendants have 30 days from service of an amended complaint in which to respond. Background and Allegations Plaintiffs Kenneth Angley and Shirley Angley filed this medical malpractice action on January 26, 2023. Plaintiff Kenneth Angley suffered a stroke on April 26, 2022 after which he presented to John Muir Medical Center for tre...
2023.09.13 Demurrer to SAC 743
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...nt contends that the SAC fails to allege facts sufficient to support each case of action (CCP S 430.10(e)) and, as a whole, is uncertain, ambiguous, and unintelligible (CCP S 431.10(f).) Defendant's Request for Judicial Notce is granted. (Cal. Evid. Code S 452 Plaintiff filed an "Opposition to Defendant's Reply to Opposition to Demurrer to SAC" on September 5, 2023. No 'sur-reply' was authorized by the Court. Further, Plaintiff cites no authority...
2023.09.13 Motion for Attorney Fees 157
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ... reasonable and necessary. As outlined the Court will reduce the fees by $28mo, awarding National fees in the amount of $123,621.50. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 The Court finds that National's time entries reflect duplicative and/or excessive billing with respect to the preparation of the demurrers and reviewing the complaints....
2023.09.13 Motion for Leave to File FACC 565
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...otion for summary judgment, or in the alternative, summary adjudication is continued to a.m. on September 20, 2023 #nding the filing of the FACC in accordance with this ruling. Background LH Concord Property, LLC and Andy Lin filed their original cross-complaint against Carlos and Susan Echegaray alleging causes of achon for declaratory relief, indemnification based on equitable indemnity, and apportionment of fault. Cross-defendants the Echegara...
2023.09.13 Motion to Compel Insurance Appraisal 928
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ... Ramon was destroyed by a fire in December 2020. Safeco Insurance Company of America ("Safeco") is Plaintiffs' insurer under a policy that insured the residence for loss caused by fire. Plaintiffs mcwe for an order compelling Safeco to participate in an SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 insurance appraisal to establish the value of t...
2023.09.13 Motion to Strike Amended Complaint 743
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...ing of any such 'sur-reply'. As such, the Court will not consider Plaintiff's SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 608 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 09/13/2023 additional, unauthorized filing. Defendant's Motion to Strike is granted. Factual Allegations See discussion line 2. Standard Any party, within the time allowed to respond to a pleading, may serve and file a notice of moton...
2023.09.13 Motion to Strike, for Attorney Fees 171
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.13
Excerpt: ...4 to 2023. Plaintiffs have sued Defendants for (1) negligence, (2) wrongful eviction, (3) premises liability, (4) breach of the implied covenant of quiet use and enjoyment, (5) intentional infliction of emotional distress and (6) retaliation. The complaint alleges that Defendants failed to maintain the property in a habitable condition and failed to make repairs after Plaintiffs requested them. (Comp. 11 and 12.) he complaint also alleges that De...
2023.09.11 Motion to Disqualify Counsel, for Protective Order and Sanctions 066
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.09.11
Excerpt: ...on for a protective order is granted as discussed below. The request for sanctions is granted as discussed below. Counsel for all parties required to appear. Factual Background This Moton relates to actions taken by Plaintiff's Counsel in obtaining documents from third-party Heritage Bank of Commerce ("Heritage"), which Defendants claim were unethical and done in contravention of the procedures set forth in the Code of Civil Procedure. On June 9,...
2023.09.11 Motion to Bifurcate 012
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.09.11
Excerpt: ...located 25 Arlene Lane, Walnut Creek, California 94595 ("the Property"). Plaintiff Bryan Kappel, Jane Kappel's son, has resided at the Property at all relevant times. On May 28, 2019, Plaintiffs filed this action against Defendant Contra Costa Sanitation District ("Central San") for Dangerous Condition of Public Property (Gov. Code 5835), Nuisance (Civ. Code S 3479, et seq.), and Inverse Condemnation (Cal. Const., Art. l, S 19), related to a sani...
2023.09.07 Motion to Strike FAC, Demurrer 357
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.07
Excerpt: ...C and the prayer for relief on the grounds that "the language arises out of inadmissible settlement communications." For the following reasons, the motion is denied. Legal Standard Code of Civil Procedure ("CCP") S 436 provides: The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike ou...
2023.09.07 Demurrer to SAC 193
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.07
Excerpt: ...ve Trust (Civ. Code S 2224); (5) Adverse Possession; (6) Fraud (Promise without intent to perform); (7) Breach of Contract (Damages); (8) Breach of Contract (Rescission); (9) Financial Elder Abuse (Welt & Inst. Code S 15610.30); (10) Trespass (Intentional Tort). Defendants demurrer to all the causes of action set forth in the SAC on various grounds. First, they contend that all causes of action (except CoA 5 — Adverse Possession) are barred by ...
2023.09.07 Demurrer 459
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.07
Excerpt: ...t. Any amended complaint shall be filed and served on or before September 18, 2023. Meet and Confer Defendants' declaration documenting efforts to meet and confer is insufficient in that it fails to indicate the "means by which" defendants met and conferred with the plaintiff and whether such efforts were "in person or by telephone." (Code Civ. Proc., S 430.41 (a) and (a)(3)(A).) However, failure to meet and confer in compliance with the statute ...
2023.08.31 Demurrer 336
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.31
Excerpt: ...ained, without leave to amend. Background Plaintiff sued defendants in connection with derma filler injections administered by defendants on August 10, 2021. (First Amended Complaint, labeled "Amended Complaint" ("FAC") 10, 11. 16, 17.) He alleges he suffered prolonged or permanent damage to his trigeminal nerve which has caused "severe, debilitating, life-long pain." (FAC 13.) He asserts the injections were negligently administered and that he w...
2023.08.31 Demurrer to FAC, Motion to Strike 154
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...hat all parties have captioned their papers as if Midstate were the only cross-defendant on this cross-complaint (which was true on Fryer's original crosscomplaint). In fact, there are two other cross-defendants here, both of which have answered. Demurrer Standards A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) In a demurrer proceeding, the defects must be apparent...
2023.08.31 Motion for Approval of PAGA Settlement 170
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...t a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations for violations concerning missed meal breaks, rest breaks, and second meal breaks for long shifts. This case was first filed on June 17, 2021, as a PAGA action (not a class action). The total sett...
2023.08.31 Motion for Judgment on the Pleadings 665
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.31
Excerpt: ... including the Statement of Decision dated November 16, 2022, the Notce of Appeal filed on January 3, 2023, the Notice of Related Cases filed on August 18, 2023 (including this case), and the minute order dated August 22, 2023. Based on these documents, the Court implements a stay and sets a status hearing for January 24, 2024 at 8:30 a.m. in this Department. On that date, assuming this case is still pending, parties are requested to appear and u...
2023.08.31 Motion for Leave to File FAA 972
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.31
Excerpt: ...o be substantively the same — as are the oppositions thereto. As such, the Court will rule on the Motions as a whole. The Defendants' Request for Judicial Notice is granted. (Cal. Evid. Code S 452(d)(1).) For the reasons set forth below, Defendants' Motions are granted. Procedural Background Plaintiff filed the initial Complaint on September 15, 2022. It appears the Defendants were served with the Complaint on September 27, 2022. Thereafter, th...
2023.08.31 Motion for Summary Adjudication 904
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.31
Excerpt: ...ction for breach of contract and breach of the implied covenant of good faith and fair dealing, respectively. Defendant's unopposed Request for Judicial Notice is granted. (Cal. Evid. Code S 452 (b), (c).) Plaintiff's unopposed Request for Judicial Notice is granted. (Cal. Evid. Code S 452(h).) For the following reasons, Defendant's MSA is granted in part and denied in part as explained below. Factual Background This matter pertains to work perfo...
2023.08.31 Motion to Enter Judgment 355
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...face and is denied. Section 664.6(a) states: If parties to a pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in ful...
2023.08.31 Motion to Quash Summons and Complaint 659
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.31
Excerpt: ...aintiff did not deliver copies to a Corteva officer or to a designated agent for service of process, nor did he serve the documents upon Jim Johnston or Monica Peters, who are two individual SA defendants who are moving to quash the Summons as well as the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/31/2023 9 entity, Corteva. On April 12, 2023, Plaintiff filed proofs o...
2023.08.31 Motion to Stay Court Action 405
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...For the following reasons, the motion is granted. Request for Judicial Notice Defendants unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) Relevant Law Civil Code S 910 provides: Prior to filing an acton against any party alleged to have contributed to a violation of the standards set forth in Chapter 2 (commencing with Section 896), the claimant shall initiate the following prelitigation procedures. Section 910 and the ...
2023.08.31 Motion to Determine DHCS Lien Claim 553
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.31
Excerpt: ...n Esquivel, a minor, by and through her guardian ad litem, Jennifer Barnes, filed this action against Defendant Contra Costa County on March 21, 2019. Plaintiffs allege that County, through its Contra Costa Regional Medical Center staff, negligently managed Tammy Esquivel's labor and delivery resulting in a severe hypoxic brain injury to Evelyn. Plaintiffs filed a notice of conditional settlement On August 17, 2020 and Judge We] approved the sett...
2023.08.30 Motion for Leave to File SAC 928
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.30
Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 (925) 508- 1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 08/30/2023 Plaintiffs Jorgen Vindum and Carolyn Vindum as Trustees of the Vindum Family Trust ("Vindums" or "Plaintiffs") allege their residence in San Ramon was destroyed by a fire in December 2020. (Proposed Second Amended Complaint ("2AC") "1 1, 10, 14, 16.) Safeco Insurance Company of America ("Safeco") is Plaintiffs' insurer under a policy t...
2023.08.30 Demurrer 421
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.08.30
Excerpt: ...ylvia Dudum FLP ("Dudum FLP") as owner and Kissane Company, Inc. as prime contractor for a commercial mixed-use development known as the "Clocktower Project" at a property located in Danville. (FACC 8, 9.) In their FACC, Cross-complainants Dudum FLP and Jack Dudum allege a seventh cause of action against cross-defendant Sean Joy for defamation. Joy generally demurs to that cause of action. Standards Governing Demurrer In ruling on the demurrer, t...
2023.08.28 Motions for Summary Judgment, Adjudication 330
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.28
Excerpt: ...e Moton is denied. Request for Judicial Notice Defendants request judicial notice of the Contractor's State License Board Detail Information for Priceless Kitchen and Bath and the Registrar of contractors, contractors state License Board SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/28/2023 Department of Consumer Affairs, Order to Adopt Stipulated Settlement (as ...
2023.08.28 Motion to Compel Arbitration and Stay Matter 343
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.28
Excerpt: ...nt Golden Rain Foundation ("Defendant" or "GRF") beginning in early 2002. Plaintiff was a member of a union and was represented by Local Union, Laborers' Union No. 34 (the "Union"). Defendant and the Union entered into a collective bargaining agreement ("C8A"), which was renewed in March 2022. Plaintiff was covered by the CBA as a member of the Union. It appears that in July 2020, GRF issued a 2020 Employee Handbook ("Handbook") to all employees....
2023.08.28 Demurrers, Motion to Strike 100
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.28
Excerpt: ...t a proposed order consistent with this ruling and serve and file notice of entry of order. Defendants shall have 15 days from notice of entry of order in which to answer the Second Amended complaint. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 08/28/2023 Allegations of the SAC This action arises out of the custodial care and treatment provided to Dwayne Rideau wh...
2023.08.24 Motion for Attorney Fees 397
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.24
Excerpt: ... issue is the amount. To calculate the appropriate lodestar in this action, one must determine the reasonable hourly rate and multiply that figure by the reasonable number of hours spent. Graham v. DaimlerChrysler Corporation (2009) 34 Cal.4th 563, 579-580. To determine the total hours spent, the court not only considered all of the papers submitted, but also its own experience evaluating a multitude of Anti-Slapp fee motions. "The experienced tr...
2023.08.24 Demurrer 452
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.24
Excerpt: ...cluding any SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 supporting declaration or request for judicial notice, neither brief shall exceed eight pages. Parties are asked to directly address the analytical framework articulated in County of Alameda v. Janssen (1940) 16 Cal.2d 276 and whether the challenged portion of AB218 served a "public purpose." It is well s...
2023.08.24 Demurrer 859
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.24
Excerpt: ... SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 Defendants. Defendant's Demurrer is hereby overruled. Discussion Legal Standard "The function of a demurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint "is sufficient if it alleges ultimate rather than evident...
2023.08.24 Motion for Leave to File SAC 498
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.24
Excerpt: ...023. Background Plaintiff generally alleges that after his spouse passed away, he was denied his community property SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/24/2023 interest in assets formerly held in accounts in his spouse's name at Principal Securities, Inc. Plaintiff sued his spouse's daughter Anita L. Budde, the financial firms that held or were otherwise affil...
2023.08.24 Motion for Final Approval of Class Action Settlement 153
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.24
Excerpt: ... costs, administrative costs, and a class representative payment. Since preliminary approval was granted, the administrator has mailed notices to 27 class members. After follow- up, only one notice was non-deliverable. No objections or requests to opt out have been received. The motion is granted. A. Prior Rulings and Judicial Comment When plaintiff's preliminary approval moton first came up for hearing, the Court indicated generally that the set...
2023.08.24 Motion for Summary Judgment 179
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.24
Excerpt: ...tion, which include detailed procedural and substantive requirements for bringing those motions. Plaintiffs motion is denied on that basis, without prejudice to Plaintiff filing a motion for summary judgment and/or summary adjudication in conformity with the Statute and Rules of Court. The party moving for summary judgment has the burden of persuasion to show there is no triable issue of material fact and thus it is entitled to judgment as a matt...
2023.08.24 Motion to Compel Discovery Responses 521
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.24
Excerpt: ... defendant served formal responses to the discovery, objecting to all requests and interrogatories principally on the ground that defendant's arbitration motion was pending (although, for preservation, defendant also stated a number of other boilerplate objections). Thereafter, plaintiff's opposition to the arbitration motion convinced defendant that the motion would be denied, and defendant withdrew it. Defendant then assured plaintff that it wa...
2023.08.21 Motion to Enforce Settlement 376
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.08.21
Excerpt: ...ubject to any additional issues to be addressed after the hearing and after taking oral testimony, Plaintiff shall lodge a proposed order for judgment pursuant to the terms of the Settlement Agreement, consistent with Code of Civil Procedure section 664.6(a) and applicable authority which shall set forth the terms of the Settlement Agreement in full as stated in the agreement or shall incorporate and make the Settlement Agreement in full the judg...
2023.08.21 Motion to Consolidate Actions 329
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.08.21
Excerpt: ...se number QI-01689 present common questions of law and fact. (See MPA iso Mohon at p. 3:13.) For the following reasons, the Motion is denied. Brief Factual and Procedural Background July 10, 2019. Plaintiff files her initial complaint for general negligence and negligent hiring against Defendants Wilson & Kratzer Mortuaries dba Higgins Chapel, Defendant Yen Tom, and Defendant Misty Lynn Cicerello. The gravamen of Plaintiff's claim is an alleged a...
2023.08.17 Motion for Summary Judgment 208
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ...partment. It started in a Whirlpool gas range (the "Range") which she purchased from Costco Wholesale and which was delivered and installed by moving Defendants Lopex and XPO (collectively the "Moving Defendants"). The Complaint alleges causes of acton for: (1) general negligence, (2) premise liability, (3) product liability, (4) general negligence, and (5) breach of contract. Only two of the causes of action are asserted against the moving Defen...
2023.08.17 Motion for Preliminary Approval of Class and Representative Action 666
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ...s. Plaintiff was employed there during the class period, though his job duties and dates are not provided. The original complaint was filed on December 22, 2021 as a class action. Plaintiff filed a separate PAGA acton on September 21, 2022. That action was dismissed and the PAGA claims amended into the class case to facilitate settlement. The settlement would create a gross settlement fund of $200,000. The class representative payment SUPERIOR CO...
2023.08.17 Motion for Non-Monetary Sanctions Dismissing SACC, for Monetary Sanctions 144
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ... 128.7 is denied. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 08/17/2023 Fairfield shall prepare and submit a proposed order consistent with this ruling. Fairfield shall then serve and file notice of entry of order. Relevant Background On June 30, 2020, Plaintiffs Sandra Hernandez-Perez and Jenilee Perez, individually and as successors in interest to Jesus Berrios II, fi...
2023.08.17 Motion for Leave to Amend SAC 538
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.08.17
Excerpt: ...strict Court. Plaintiff initially filed this achon in July 2021 contending, inter alia, that the City of Hercules lacked authority to tow his vehicle. Defendants City of Hercules, Elmer Najarro and William Imboden ("City Defendants") filed a Notice of Removal in the United States District Court for the Northern District of California. The District Court granted a motion to dismiss brought by the City Defendants, and denied reconsideration of that...
2023.08.17 Motion for In Camera Review of Docs 036
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ... advice of Paul Bork", and "Internal document with legal advice of Paul Bork". CBE acknowledges that Bork is an inhouse attorney at Dow, and apparently does not dispute that Bork's legal advice is protected work product. CBE fails to state any basis for doubting the accuracy of these descriptions; nor for doubting that Bork's advice is attached, repeated, discussed, or incorporated into the challenged documents. 12. 9:00 AM CASE NUMBER: MSC21-020...
2023.08.17 Motion for Final Approval of Class Action and PAGA Settlement 038
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.08.17
Excerpt: ...resses, leaving only one non-deliverable. No objections have been received, and only one class member has opted out. The motion is granted. Background and Settlement Terms Defendant is in the shipping business. Plaintiff was employed as a driver. This case is unusual among wage-and-hour cases, in that its sole focus is on a failure-of-reimbursement claim rather than any allegations as to payment for time worked. Plaintiff alleges that defendant f...

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