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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 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 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 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 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 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...
2024.03.27 Motion to Compel Further Responses, for Sanctions 391
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
Excerpt: ...nfident ial legal and business analyses that would jeopardize plaintiffs' rights in this contractual dispute between plaintiffs, as tenants, and defendant, as the landlord. For the reasons laid out below, the motion is denied. Background This motion is in the c ontext of a Second Amended Complaint (SAC) alleging three causes of action: 1) declaratory relief; 2) reformation of contract for mistake, fraud and in equitable conduct; and 3) reformati...
2024.03.27 Motion to Compel Further Responses 974
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
Excerpt: ... acility. Ms. Lily was a resident at defendant Sunrise Senior Facility as a memory care patient from 2/12/21 to 4/1/22. She developed a severe case of decubitus while in the facility and this condition ultimately led to her death. Plaintiffs filed a wrong ful death, elder abuse, and negligence action in September 2022. Presently, plaintiffs have filed seven separate motions to compel. For the reasons stated below, all seven motions are denied. ...
2024.03.27 Motion to Compel Discovery Responses 568
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
Excerpt: ...Counsel for plaintiff agreed to file supplemental responses. Plaintiff's counsel did serve supplemental responses on the defense on December 22, 2023. Plaintiff's counsel was served with this motion to compel on December 28, 2023. Defense counsel concede s in an email dated January 19, 2024, that the amended responses “satisfy her” and states she will file a declaration with the court to this effect. As of March 15, 2024, no such declaratio...
2024.03.27 Demurrer to FAC 295
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
Excerpt: ...s of ac tion. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 03/27/2024 Defendant's Request for Judicial Notice is granted. (Evid. Code § 452(c).) Defendant's Demurrer is sustained in part and overruled in part. Allegations in the Complaint In April 2020, Plaintiff 3150 Garrity Way DE, LLC entered into a written Emergency Occupancy Agreement (“Agreement”) with the Co...
2024.03.27 Demurrer 436
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.27
Excerpt: ...ate a cause of action and on uncertainty. (See, Defendant's points and authorities p.2.) In addition, Plaintiffs filed a substantive opposition. The Court will excuse the failure to file a demurrer because the points and authorities state the basis for the demurrer. S till, the section referencing Code of Civil Procedure section 430.10 states that Defendant is challenging the complaint, not specific causes of action. Thus, if there is any vali...
2024.03.25 Motion to Compel Arbitration to Vacate or Correct Arbitration Award 789
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.25
Excerpt: ...r the fol lowing reasons Construction West's petition to vacate is denied. Construction West's petition to correct is denied. One Nine's petition to confirm the arbitration award is granted. Factual Background On February 21, 2021, PLAINTIFF submitted a proposal a nd was awarded a contract (“Contract”) as a general contractor for the construction of a car wash located on the commercial properly commonly referred to as 1755 Market Street, Con...
2024.03.25 Demurrer to FACC 355
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.25
Excerpt: ... Implie d Contract, Breach of Written Contract, and Unfair Competition causes of action on the basis that they are uncertain and fail to state a claim. (Demurrer p. 2: 5 -13.) For the following reasons, the Demurrer is sustained with leave to amend. 16 Meet and Confer Requirement Defendant satisfied its meet and confer requirement regarding their demurrer in detailing their meet and confer efforts with Plaintiff in the Declaration of Jason Julia...
2024.03.22 Demurrer to FAC 090
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.22
Excerpt: ... barred by the applicable statute of limitations is subject to a general demurrer for failure to state of cause of action. (SLPR, L.L.C. v. San Diego Unified Port Dist. (2020) 49 Cal.App.5th 284, 306.) A demurrer may be sustained based upon the statute of limitations only when the facts alleged in the complaint or matters which the judge took judicial notice clearly establish that the cause of action is barred. (Mitchell v. State of Dep't of Pub...
2024.03.22 Motion to Set Aside Dismissal 880
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.22
Excerpt: ...relevant h istory of this action, Plaintiff filed his complaint on October 7, 2020 alleging causes of action against Defendants Vinnie's Bar & Grill and David Marcos Perez for (1) battery, (2) false imprisonment, (3) negligent hiring, retention and supervision, (4) n egligence and (5) violation of the Bane Act (Civ. Code § 52.1). At the first Case Management Conference (CMC) on February 24, 2021, Plaintiff's counsel did not appear, and an Orde...
2024.03.20 Motion for Summary Judgment, Adjudication 401
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.20
Excerpt: ...of contract (against Gomez), (2) misappropriation of trade secrets, (3) conversion, (4) unjust enrichment, (5) breach of fiduciary duty (against Gomez), (6) aiding and abetting breach of fiduciary duty (against Gold Star), (7) intentional interference with prospective economic advantage, (8) breach of covenant of good faith and fair dealing (against Gomez), and (9) unfair business practice (against Gold Star). Gomez seeks summary adjudication a...
2024.03.20 Motion for Preference and Trial Setting 078
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.20
Excerpt: ...o s ustain serious injuries. According to her declaration in support of this motion, after she fell she was taken to the emergency department of Kaiser in Walnut Creek. She was diagnosed with zygomaticomaxillary complex fractures and orbital floor fractures, along with bruising to her right shoulder, shattered teeth, a concussion and neck pain. She continues to have problems related to the injuries. These include face numbness; painful mouth, te...
2024.03.18 Petition for Writ of Mandate or for Writ of Prohibition 400
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.18
Excerpt: ...pondent” or “DMV”) order of suspension. For the following reasons, Petitioner's Writ of Mandate denied. Petitioner's request for payment of attorney's fees pursuant to Government Code §800 is also denied. Factual Background On September 6, 2022, CHP Officer Fuller observe d a Mercedes Benz travelling at a high rate of speed travelling northbound on I -680. (Administrative Record (AR), p. 0018.) Officer Fuller visually estimated that the ca...
2024.03.18 Motion to Strike FAC 419
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.18
Excerpt: ...ges, the facts alleged must show fraud, oppression or malice. (Civil Code section 3294.) Subdivision (c) of the statute contains the following definitions: “(1) 'Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. [P] (2) 'Oppression' means despicable conduct ...
2024.03.18 Motion to Strike FAC 249
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.18
Excerpt: ...endants' a ctions in the negligence cause of action; (2) the request for repayment of attorney fees paid to Defendant during the underlying representation in the Prayer; (3) the request for “attorney's fees pursuant to Civil Code sections 52, 52.4(a) and any other a pplicable statute,” in the Prayer; and (4) Paragraph 19, which reads: Defendant Wiener did not provide response to Jane Doe's Request to know if the attorney holds liability insur...
2024.03.18 Motion for Summary Judgment 484
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.18
Excerpt: ...l Back ground According to the complaint filed by plaintiffs Pedro Gomez III and Brianda Gomez (collectively plaintiffs and individually referred to by first name for convenience only, no disrespect intended), on or about November 2, 2019, Pedro fell and sustaine d severe injuries. At the time, he was working on scaffolding at the Phillips 66 Rodeo Refinery. The scaffolding was allegedly negligently and improperly designed, constructed, assemb...
2024.03.15 Motion for Judgment on the Pleadings 991
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ...024 a ny factual allegations that could cure the defects in this cause of action, leave to amend is not granted. County's notice of motion was defective because it requests judgment on the pleadings as to the first cause of action for negligence and as to a non -existent fourth cause of action for “negligent hiring, retention and/or supervision.” County argues the Court should excuse the defect and dispose of all causes of action against it ...
2024.03.15 Motion for Determination of Good Faith Settlement 069
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ...Evalua tion of the parties' allocation of settlement proceeds is committed to the sound discretion of the trial court in the good faith settlement approval process. The court may rely on its own expertise and the opinions of experts in reaching a determination of the good or bad faith of a settlement. However, the court may not be able to do more than simply make a best estimate, and any challenge to the agreement's assigned value should ...
2024.03.15 Motion for Relief from Default 222
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ...defaul t was entered on August 21, 2023. On September18, 2023, Defendant filed her motion to set aside. Defense counsel states in his declaration that he was retained by defendant on June 27, 2023. Defendant counsel left a message for Plaintiff and faxed a lette r to Plaintiff on July 11, 2023. Defense counsel heard nothing from Plaintiff until he received a copy of the request for default in the mail around August 21, 2023. On August 22, 2023, ...
2024.03.15 Motion to Strike Out Pleadings 652
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ... of motion to strike the whole or any part of the pleading. (Code Civ. Proc. (“CCP”) § 435(b)(1); Cal. Rules of Court, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 03/15/2024 Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any ple...
2024.03.15 Motion for Summary Judgment 629
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.15
Excerpt: ... causes of action for 1) prof essional medical negligence and 2) loss of consortium. Defendants' Request for Judicial Notice of Plaintiffs' Complaint is granted. As discussed herein, the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DAN IELLE K DOUGLAS HEARING DATE: 03/15/2024 Court overrules Plaintiffs' objections to the Declaration of Cynthia Goodman, MD and sustains in part Defendants' objection...
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 ...
2024.03.13 Motion for Summary Adjudication 476
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...UPERIOR CO URT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 03/13/2024 from Plaintiff Region Bank's predecessor in interest. Plaintiff now moves for summary adjudication as to its first cause of acti on for breach of the promissory note by Defendant Susan Hyde. Standard Summary adjudication is proper if all the papers submitted show that there is no triable issue as to any material f...
2024.03.13 Motion for Discovery to Compel Second Physical Medical Exam 471
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...pecialis ts over the years, she has undergone MRIs, Xrays, CT scans, and physical therapy. She has been deposed and she attended a physical examination by a defense retained expert on March 25, 2021. Plaintiff's medical records, disclosed to the defense long ago, r eflect on-going neck and disc issues. At her deposition on December 10, 2020, she testified she had on- going problems with her neck and discs. At the defense- requested medical exam...
2024.03.13 Demurrer, Motion to Strike 911
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...uisance. Defenda nts' Demurrer is sustained with leave to amend as detailed below. Plaintiff's counsel is ordered to appear whether or not Plaintiff contests this tentative ruling. Order to Show Cause Before getting into the merits of the Motion, the Court must address th e conduct of Plaintiff's Counsel – Mr. Ilan Janfaza - during these early stages of this matter. This motion was originally set for hearing on February 7, 2024. The Court conti...
2024.03.13 Motion for Summary Judgment, Adjudication 331
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...aratory relief. Only th e first and third causes of action are alleged against the Kristons. For the following reasons, the motion for summary judgment is granted. Legal Standard Code of Civil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cannot be sep...
2024.03.13 Motion to Stay Civil Proceedings and Discovery 072
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...Plaintiff Jaime Gonzalez Santiago alleges he was injured on June 9, 2022, while working for Defendant Georgia Langsam's horse breeding facility. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 0 3/13/2024 On June 7, 2023, Plaintiff filed an Application for Adjudication with the WCAB alleging injury on June 9, 2022, resulting from his employment with Defendant. On August 2...
2024.03.13 Motion to Strike, Demurrer 611
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...onsumer W arranty Act, Civil Code § 1791, et seq., fails to state facts sufficient to constitute a cause of action. (MTS p. 2: 3 -5.) 2. The claim for violation of the Magnusson -Moss Warranty Act, 15 U.S.C. § 2301, et seq., fails to state facts sufficient to consti tute a cause of action. (MTS p. 2: 6 -8.) 3. The claim for breach of express warranty under California Commercial Code, Cal. Com. Code § 2103, et seq., fails to state facts suffici...
2024.03.13 Petition to Compel Arbitration 300
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.13
Excerpt: ...n June 2022, Kruse filed this lawsuit seeking $308,642 for unpaid work. A first amended complaint was filed in November 2022. Thompson Builders filed this motion to compel arbitration on December 21, 2023. “ ‘ “ ‘[T]he threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.' ” ' [Citations.] … This initial issue also reflects the very plain principle that you cannot compel i...
2024.03.11 Motion for Summary Judgment 636
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.11
Excerpt: ...met their i nitial burden to show entitlement to judgment as a matter of law, the City of Pittsburg has also shown triable issues of material fact exist that preclude summary judgment, as discussed below. Factual Background Plaintiffs entered into a written “License Agreement” with the City of Pittsburg (“City”) on August 19, 2019, pursuant to which the City would provide the location for an ice rink and plaintiffs would install and opera...
2024.03.11 Motion for Summary Judgment 336
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.11
Excerpt: ...r summary judgment on the negligence cause of action on the grounds that the uncontroverted expert testimony shows that plaintiff cannot establish a prima facie case of professional negligence or causation. For the following reasons, the MSJ is denied. Legal Standard Code of C ivil Procedure (“CCP”) §§ 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. Section 437c(o)(1) provides, in relevant part: A cause o...
2024.03.11 Demurrer 372
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2024.03.11
Excerpt: ...Relief; and (8) Unjust Enrichment. Defendant demurrers to each cause of action on the basis that the Complaint fails to state facts sufficient to support any of the alleged causes of action. Defendant's demurrer is overruled for the reasons set forth below. Fac tual Allegations This matter pertains to claims made by Plaintiff Raymond Lee against his former caregiver, Defendant Marniee Fabiola Sjolander. Plaintiff alleges that he was misled by Def...
2024.03.08 Motion to Bifurcate 396
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.08
Excerpt: ...olye r purchased the Property with Defendants Gershon Luria and Irit Sanger Luria in 2011. At some point in time, the Parties' relationship devolved and Plaintiffs decided they did not want to continue to co -own the Property with Defendants. Plaintiffs filed t heir initial Verified Complaint for Partition of Real Property on March 7, 2016. On March 25, 2016, Defendants filed a separate action (MSC16 -00579) which involved issues related to th...
2024.03.08 Motion to Set Aside Default 148
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2024.03.08
Excerpt: ...”) §473( b). Code of Civil Procedure 473(b) 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 judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, ot...
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...
2024.03.07 Motion for Preliminary Approval of Class Action Settlement 149
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.07
Excerpt: ...rom a Go ogle search it appears that it operates a restaurant in Brentwood. Plaintiff alleges that she worked at defendant in a non- exempt hourly job, though her job duties and dates of employment are not identified. The original complaint was filed on May 15, 2023 as a class action. There are no PAGA claims and the case is being settled on a class action basis. The settlement would create a gross settlement fund of $172,500. The class represe...
2024.03.07 Motion for Preliminary Approval and PAGA Settlement 624
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2024.03.07
Excerpt: ...iff worke d for defendant as a customer service representative between April and November 2019. The original complaint was filed on March 26, 2021 as a class action. It was amended to add a PAGA claim, and further amended again. The settlement would create a gross settlement fund of $910,000. The class representative payment to the plaintiff would be $7,500. Attorney's fees would be $303,333 (one -third of the settlement). Litigation costs would...
2024.03.06 Motion to Strike, Demurrer 561
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.06
Excerpt: ...ed Co mplaint (“SAC”). Factual Allegations and Background This matter pertains to issues arising from the purchase and sale of real property located at 205 Glorietta Boulevard in Orinda, California (the “Property”). Plaintiffs purchased the Property in August 2021. Escrow closed in October 2021. Defendant Filo Real Estate, Inc. dba Realty One Group Complete (“Realty One”) served as Plaintiffs' real estate agent and broker for the tran...
2024.03.06 Motion for Consolidation 235
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.06
Excerpt: ...at M arina Bay Community Association. Factual and Procedural Background: Plaintiff filed her complaint in this matter on February 10, 2022. The Complaint identifies the Parties as neighbors, with Defendants Long Nguyen and Tran Ta (“Defendants”) living in the condominium located directly above Plaintiff's. Both properties are located in the Shores at Marina Bay Community Association (“Shores HOA”) and are subject to its Covenants, Condi...
2024.03.06 Demurrer 985
Location: Contra Costa
Judge: Mockler, Terri
Hearing Date: 2024.03.06
Excerpt: ...personal l egal representative and successor-in -interest, Johnny Silva, and Johnny Silva, individually, ("Plaintiff/Plaintiffs") filed this action against Defendants Orinda Care Center, LLC, Renew Health Group, LLC, Larry Goldfarb, and Crystal Solorzano ("OCC"), alle ging claims for: (1) elder abuse and neglect in violation of California Welfare and Institutions Code §§ 15600, et. seq.; (2) violations of patient rights pursuan...

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