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2023.10.05 Motion for Final Approval of Class Action and PAGA Settlement 604
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...mount and the average paput. There are a number of identifiable reasons for this, most of which are understandable and acceptable. However, it appears that there may have been a substantial miscommunication with respect to one particular (and unusual) feature of this settlement namely that the employee class members, not the employer, end up bearing the cost of paying the employer's share of payroll taxes on the settlement proceeds. SUPERIOR COUR...
2023.10.05 Motion for Approval of PAGA Settlement 518
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...yed by SWAT as a journeyman pipefitter, working at the Tesoro site in February and March of 2019. The motion is granted. B. Background of the Case and Terms of Settlement This a PAGA case (not a class action), asserting that SWAT violated the Labor Code by not paying employees for the time spent donning and doffing safety gear at the beginning and end of shifts. Notably, SWAT changed its policy and commenced paying for donning and doffing time in...
2023.10.05 Motion for Approval of PAGA Settlement 072
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...d a class action complaint alleging nine causes of action for Labor Code violations by defendant Bay Air Systems, Inc. and a representative claim on behalf of himself and "aggrieved" employees in the tenth cause of action under the Private Attorney General Act, Labor Code section 2699 et seq. ("PAGA"). Plaintiff subsequently filed an amendment to the complaint naming defendants John Morgan, Roberta Morgan, Ben Morgan, and Bert Morgan as "Doe" def...
2023.10.05 Demurrer, Motion to Strike 823
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.10.05
Excerpt: ... action: breach of written contract and unjust enrichment. Defendant demurs to both causes of action. Defendants' demurrer is overruled. While there is discussion of, and reference to, the filings that occurred in Contra Costa Case No. P22- 01215, neither party requested judicial notice of those files. As they are directly relevant to the issues to be decided on this matter, the Court takes judicial notice of the filings in that case. (Cal. Evid....
2023.10.05 Demurrer 988
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...d a class action complaint alleging nine causes of action for Labor Code violations by defendant Bay Air Systems, Inc. and a representative claim on behalf of himself and "aggrieved" employees in the tenth cause of action under the Private Attorney General Act, Labor Code section 2699 et seq. ("PAGA"). Plaintiff subsequently filed an amendment to the complaint naming defendants John Morgan, Roberta Morgan, Ben Morgan, and Bert Morgan as "Doe" def...
2023.10.05 Motion for Approval of PAGA Settlement 680
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.10.05
Excerpt: ...aintiff was employed as a non-exempt employee during the relevant time period, though the pleadings and moving papers do not identify her job capacity or employment dates. The motion is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 28 C. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of viola...
2023.10.04 Motion for Discovery for Sanctions 215
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.10.04
Excerpt: ... order mandating a mental examinaton. The purpose of the examination was to explore plaintiff's claims for severe emotional distress. Following the order, this court granted summary adjudication as to plaintiff's claims for wrongful terminaton. It is not clear that plaintiff is still pursuing claims for severe emotional distress with respect to the two causes of action remaining, i.e., the 10th cause of action for violation of the Confidentiality...
2023.10.04 Demurrer to FAC, Motion to Strike 861
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.10.04
Excerpt: ...ARTINEZ, CA DEPARTMENT 21 (925) 608-1121 JUDICIAL OFFICER: JILL C FANNIN HEARING DATE: 10/04/2023 store located at 560 contra costa Boulevard, in Pleasant Hill, California. As to the facts underlying the causes of action, the FAC indicates that on September 16, 2018, Plaintiff Marnie Carter slipped and fell at the above Target location "as a result of negligently maintained premises with dangerous conditions, despite constructve and/or actual not...
2023.10.04 Demurrer 997
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.10.04
Excerpt: ..., and 5-10, as discussed below. Both motions to strike punitive damages are granted. Plaintiff may file and serve an amended complaint by October 16, 2023. l. Factual Background Plaintiff, June Sunday, alleges that since approximately June 2016 she resided in an apartment owned and/or managed by defendants Creekside and FPI. (Complaint, "13-14, 27-28.) Sometime around February 2020, plaintiff noticed bed bugs at the apartment and immediately noti...
2023.10.04 Motion for Leave to Amend Complaint 507
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.10.04
Excerpt: ...FFICER: JILL C FANNIN HEARING DATE: 10/04/2023 October 13, 2023. Factual and Procedural Background This matter relates to injuries sustained by Plaintiff Thomas Quinlavin on or about June 8, 2021 while using a bicycle purchased from Amazon.com, which he contends was defective. The Complaint was filed on March 18, 2022 and sets forth two causes of action: (1) products liability and (2) loss of consortium. The products liability cause of action pur...
2023.10.04 Motion for Summary Judgment, Adjudication 331
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.10.04
Excerpt: ...of wages; (4) breach of fiduciary duty; and (5) negligence. Request for Summary Judgment or, in the alternative Summary Adjudication Defendant seeks an order granting summary judgment, claiming that all five causes of action are barred under one of two theories: (1) Plaintiffs' failure to exhaust administrative remedies and/or timely presenting a tort claim before filing suit, or (2) because "the City's Minimum Employer Contribution is properly i...
2023.10.04 Motion for Summary Judgment, Adjudication 451
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.10.04
Excerpt: ...e was injured when she tripped and fell on an uneven sidewalk near the entrance to 950 Moraga Road Shopping Center. Laura Murphy sued 960 Moraga Rd., LLC and Cardoza Properties, Inc. for premises liability and sued the City of Lafayette for dangerous condition of public property. Kevin Murphy sued for loss of consortum. 960 Moraga Rd., LLC and Cardoza Properties, Inc. filed a cross-complaint against the City of Lafayette and Old Firehouse School ...
2023.10.02 OSC Re Preliminary Injunction 676
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.10.02
Excerpt: ... Plaintiff is unlikely to prevail on the merits of the dispute. The Motion is hereby GRANTED. Discussion Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. (Evid. Code SS 452, 453.) The Court will take judicial notice of the recorded property documents and accepts the fact of their existence but not the truth of their contents. (See Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; ...
2023.10.02 Motion for Summary Judgment, Adjudication 990
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.02
Excerpt: ...F CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/02/2023 section 2923.4 et seq. ("HBOR") were violated by defendant PHH Mortgage Corporation, the loan servicer of a loan secured by a first trust deed on her residence in Danville. She alleges a first cause of achon for violation of Civil Code section 2923.7 for failure to maintain a single point of contact after her default and a se...
2023.10.02 Motion for Judgment on the Pleadings 761
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.10.02
Excerpt: ...ars that a party is entitled to judgment as a matter of law. (Code Civ. Proc. S 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) As such, a motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 cal.App.4th 1055, 1061; Burnett v. Chi...
2023.10.02 Motion for Attorney Fees 336
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.10.02
Excerpt: ...023. A hearing for the matter will take place on January 15, 2024, at 9:00 a.m. in Department 9.1. Did the Order Discharging Defendant Registrar From Liability (filed May 22, 2023) dismiss the Complaint's 14th Cause of Action in favor of the State of California defendants, particularly the Registrar of Contractors, Contractors State License Board? (See Order, p. 2, lined 6-7, "That the Fourteenth Cause of Action for Claim of Deposit Against CSLB ...
2023.10.02 Demurrer, Motion for Sanctions 601
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.02
Excerpt: ...reached the age of majority and the first amended complaint was filed in Trey Briggs' name. Plaintiff is suing the San Ramon School District for negligence. There is no dispute that the Defendant is a public entity. Plaintiff alleges that when he was a minor he fractured his right arm during a foot race organized and supervised by school offcials on August 13, 2018. When Plaintiff was injured, Defendant failed to summon emergency medical care to ...
2023.10.02 Demurrer to SAC 774
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.10.02
Excerpt: ...Should plaintiff choose not to amend, the time to answer shall run from that date. Background Plaintiff, who filed this action under the pseudonym "Jane Doe A.M.M.," is a former high school student at Richmond High School in West Contra Costa Unified School District's ("District"). (SAC, 913.) Plaintiff alleges that, during the time she attended, approximately 1979 to 1983, District employed a counselor who used his position to groom, lure, and e...
2023.10.02 Demurrer 488
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.10.02
Excerpt: ...proximately 15 years old and a student at Mount Diablo High School. (Complaint, Ill.) Plaintiff was abused by an adult male career counselor (whom plaintiff believes to be deceased) employed by District. (Complaint, 912.) Specifically, the counselor's sexual assault and harassing conduct towards plaintiff occurred in three separate incidents, two of which consisted of inappropriate remarks, inappropriate staring, and invasion of personal space, a...
2023.09.28 Motion for Final Approval of Class Action Settlement 753
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.28
Excerpt: ...tices to class members. 23 packets were returned by the post office. Follow up resulted in 19 new addresses, leaving 4 nondeliverable. No objections or requests to opt out have been received. The motion is granted. E. Background and Settlement Terms Defendants, related entities, are in the business of operating several "escape room" entertainment facilities. Plaintiff was employed at one of them in various hourly capacities between 2019 and 2021....
2023.09.28 Demurrer to SAC 535
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.28
Excerpt: ...Civil Procedure section 377.32, by October 19, 2023. Background Plaintiff Jnbud Dawod Hadu ("Hadu' or "Plaintiff') alleges she is the sister and sole sibling ofSabiha Campbell ("Campbell" or "Decedent") who died on July 27, 2022. (Second Amended Complaint ("2AC") 3.) Plaintiff alleges she is "an intestate heir [of Decedent] whose interest is affected" by the action, "but for" the defendants' allegedly unlawful conduct. (2AC '1 3.) Campbell moved ...
2023.09.28 Motion for Attorney Fees 517
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.28
Excerpt: ...al dissolution. There are three other cases to which Robert and Madeline are or were parties: (1) Serafin v. Serafin, Contra Costa Superior Court Case No. 021-02739, (2) Burden v. Serafin, U.S. District Court for the Northern District of California Case No. 4:22-cv-25 03479 DMR, and (3) Serafin v. Serafin, Contra Costa Superior Court Case No. C23-00131. Robert filed his complaint in this action on March 30, 2023. The complaint asserted the follow...
2023.09.28 Motion for Leave to Amend Complaint 546
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.28
Excerpt: ...complaint as a freestanding pleading. Formal service of process on defendants Simple Cash Loans and Shafir should be accomplished promptly. Plaintiff has sued two defendants—Simple Cash Loans, for various asserted forms of illegality in connection with a car loan; and Location, the repossession agent. Plaintiff served Location, but has yet to serve Simple Cash Loans. He faces a hard deadline of October 17 by which to do so, or the case will be ...
2023.09.28 Motion to Quash Service of Summons 933
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.28
Excerpt: ...o Code of Civil Procedure ("CCP") S 418.10(a)(1) on the grounds that she is not a resident of Contra Costa County and pursuant to CCP S 410.30 and 418.10(a)(2) on the grounds that Plaintiff's action involves a contract with a forum selection clause designating Greenville County, South Carolina for any proceeding regarding the agreement. For the following reasons, the Mohon is denied. Judicial Notice The unopposed Request for Judicial Notce is gra...
2023.09.28 Motion to Quash Service of Summons and Set Aside Default 653
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.28
Excerpt: ...d for the reasons set forth below. Procedural History Plaintiff filed the Complaint in this matter on December 14, 2021. The Complaint sets forth two causes of action against Defendant William H. Rogers: (1) breach of contract, and (2) promissory fraud. On June 24, 2022, Plaintiff filed a Proof of Service of Summons indicating that Defendant had been served by substituted service. The Proof of Service indicates that documents were left with an em...
2023.09.28 Motion to Strike 943
Location: Contra Costa
Judge: Maier, Clare
Hearing Date: 2023.09.28
Excerpt: ...The special motion to strike the first, fifth, sixth and seventh causes of action is granted, and the motion is otherwise denied. Background Plaintiff alleges seven causes of action, five causes of acton for libel per se based on statements made by defendant Donna Hosten on internet and social media websites Yelp, Facebook and the Better Business Bureau ("888"), and two causes of action for breach of contract and breach of the implied covenant of...
2023.09.28 Motion for Preliminary Approval of Class Action Settlement 390
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.28
Excerpt: ...pparently in the business of læating buried utility lines for construction. The complaint alleges that plaintiff was employed at defendant during the relevant period, though it does not give his employment dates or identify what job he held. The original complaint was filed on July 6, 2022. It was amended on November 28, 2022 to add PAGA claims. The settlement would create a gross settlement fund of The class representative payment to the plaint...
2023.09.25 Motion to Vacate Judgment 359
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.09.25
Excerpt: ...he proof of service for the summons and complaint. She avers that she was not home on Monday, November 6, 2017, at 1:55 p.m„ but instead ata work training. Additionally, she notes that the physical description of the person served is not a description of defendant herself. According to defendant, she weighed more at the time of service than the we-ght of the individual indicated by defendant. When a motion is made on grounds that the default ju...
2023.09.25 Motion to Stay Action Pending Arbitration 566
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.09.25
Excerpt: ...P S 1281.4 in light of the Court's order on May 1, 2023 6 granting Plaintiff's moton to compel insurance appraisal pursuant to Insurance Code S 2071. The insurance appraisal process under Insurance Code S 2071 is a form of arbitration and subject to the rules governing arbitration. (Louise Gardens of Encino Homeowners' Assn., Inc. v. Truck Ins. Exchange, Inc. (2WO) 82 Cal.App.4th 548, 658; Lambert v. Carneghi (2008) 158 Cal.App .4th 1120, 1131.) ...
2023.09.25 Motion for Judgment on the Pleadings 183
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.09.25
Excerpt: ... may be judicially noticed, it appears that a party is entitled to judgment as a matter of law. (Code Civ. Proc. S 438 (d); Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2010) p. 7:292.) As such, a moton for judgment on the pleadings inwlves the same type of procedures that apply to a general demurrer. (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.A...
2023.09.25 Demurrer to SAC 232
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.09.25
Excerpt: ... from his job at Mechanics Bank for sexually harassing Pacheco and others. Pena filed this acton against Mejia on February 1, 2021. Pena alleges that Mejia has subjected Pena and his family members to harassment, including threats of violence. Pena alleged the following causes of action in his complaint: (1) libel; (2) intentional infliction of emotional distress; (3) violation of the Tom Bane Civil Rights Act; and (4) false impersonation in viol...
2023.09.21 Motion for Preliminary Approval of Class Action Settlement 571
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...l complaint was filed on March 19, 2021. The settlement would create a gross settlement fund of $950,000. The class representative payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 38 to the plaintiff would be $10,000. Attorney's fees would be $316,667 (one-third of the settlement). Litigation costs would not exceed $20,000. The settlement administrator'...
2023.09.21 Motion for Final Approval of Class Action Settlement 279
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ... resulted in 23 new addresses, leaving 30 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant Rubicon is in the business of manufacturing and wholesaling baked goods. Plaintiff Lucas was previously employed at Rubicon as a maintenance worker. Plaintiff Miles was formerly employed at Rubicon as a sanitation worker. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA CO...
2023.09.21 Demurrer 909
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...irfield Belmont. Defendant is given 30 days in which to answer. 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 on the face of the pleading or via proper judicial notice. (lonabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) "A demurrer tests the pleading alone, and not on the evid...
2023.09.21 Motion for Final Approval of Class Action and PAGA Settlement 222
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ... also moves for approval of plaintiff's attorney's fees, litigation costs, administration costs, and representative payment. Since preliminary approval was granted, the administrator has mailed notices to 317 class members. 6 packets were returned by the post office. Follow up resulted in 3 new addresses, leaving 3 nondeliverable. No objections or requests to opt out have been received. The motions are granted. E. Background and Settlement Terms ...
2023.09.21 Motion for Summary Adjudication 330
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...eir first amended complaint against defendant Evangelista. Background and Summary of the Case Defendant Evangelista operates a dentistry business. Plaintiffs Rozenberg and Puen formerly worked as dentists in one of defendant's offices. In the first cause of action in the FAC they contend that they were employees, not independent contractors, and Evangelista failed to reimburse them for certain employment-related expenses. Their second cause of ac...
2023.09.21 Motion for Final Approval of Class and Representative Action Settlement 931
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...oval was granted, the administrator has mailed notices to 816 class members. 50 packets were returned by the post office. Follow up resulted in 35 new addresses, leaving 15 nondeliverable. No objections or requests to opt out have been received. The motion is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 2 A. Background and settlement Terms The sett...
2023.09.21 Motion for Final Approval of Class, Representative, and Collection Action Settlement 499
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...cted with Synctruck to provide delivery services in California and Utah. The Plaintiffs are drivers employed by Synctruck, and allegedly by Amazon as a joint employer. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 23 Plaintiffs also move separately for approval of their attorney's fees, litigation costs, administration costs, and representative payments. The...
2023.09.21 Motion to Compel Arbitration 920
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...a PAGA claim, but it appears that the complaint may be amended to add a PAGA claim in the future. (Comp. "34-36.) Whether the arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. S 1, et seq. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 12 (FAA) or by the California Arbitration Act, Code of Civil Procedure S 1280 et seq. (CAA), the thr...
2023.09.21 Petition to Compel Arbitration, Motion to Strike, Demurrer 321
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.09.21
Excerpt: ...case.) The motion is granted. This arbitration motion is unprecedented, in this Court's experience, in one respect: Not only is there an arbitration already in existence and going forward, covering the same set of claims— but indeed, that arbitration proceeding was initiated by plaintiff himself. The Court confesses itself mystified as to why plaintiff, having filed and prosecuted that arbitration, then filed this lawsuit— and even more mysti...
2023.09.20 Motions to Strike, Demurrer 917
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.20
Excerpt: ...graph 71 that states "then attempt to blame Cross-complainants for their decision to live in filth" are stricken; the motion is otherwise denied. Background This dispute arises out of a lease of a residential property in Pittsburg to Plaintiffs and CrossDefendants (the "Tenants" for convenience). (X-Compl. 8 (p. 2, II. 13-15), 1, 2.) On April 24, 2023, the Tenants filed a complaint alleging, among other claims, tortious breach and contractual bre...
2023.09.20 Motion to Seal Inadvertently Produced Privileged Docs, Issue Protective Order 327
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.20
Excerpt: ... had failed to prov-de plaintiff with notice of the hearing date. Now that the defendant has properly alerted plaintiff to the hearing date, defendant cannot complain about plaintiff opposing the moton. The court will consider plaintiff's properly filed opposition. The court also continued the motion so that defense counsel could attempt to properly comply with CRC 2.550. For example, the Court asked defense counsel to provide a declaration which...
2023.09.20 Motion for Leave to File Complaint 725
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.20
Excerpt: ...which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint." (Code Civil Procedure S 426.10 (c).) "A moton to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated where forfeiture would otherwise result. Factors such as oversight, inadvertence, neglect, mistake o...
2023.09.20 Demurrer to Amended Complaint 204
Location: Contra Costa
Judge: Fannin, Jill
Hearing Date: 2023.09.20
Excerpt: ...r the following reasons, the is sustained, with leave to amend. 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 alleges ultimate rather than evidentiary facts" (Doe v. City of Los Angeles (2(m) 42 Cal.4th 531, 550 ("Doe")), but the plaintiff must set forth the essential facts of his o...
2023.09.18 Demurrer to SAC 814
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.09.18
Excerpt: ...declaration documenting efforts to meet and confer is insufficient in that it indicates the "means by which" counsel met and conferred with the plaintiff was email. Such efforts must be "in person or by telephone." (Code Civ. Proc„ S 430.41 (a) and see also S 435.5 [re moton to strikel.) Plaintiff's opposition points this out. (Opposition, 4:6-7.) However, plaintiff does not indicate how the failure affected the merits of the motions. Failure t...
2023.09.18 Demurrer 957
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.09.18
Excerpt: ...that they are both duplicative of the first cause of action. Plaintiffs Request for Judicial Notice, relating to documents filed in Contra Costa Superior Court Case No. P20-01100 is granted. (Cal. Evid. Code S 452(d).) Summary of Allegations This matter pertains to alleged mistakes made by Defendant Brian Dennis Young relating to work performed by him for Plaintiff. Such work was performed in his professional capacity as an attorney and concerned...
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...
2023.09.18 Demurrers, Motions to Strike 627
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.09.18
Excerpt: ...ed Services, Inc. ("Premier"), and ADA Services Corporation, formerly known as H&R Block Mortgage Corporation ("ADA"). The motion is not opposed by Plaintiff. The Court rules as follows: (1) the motion to strike from the Prayer for Relief for the third cause of action paragraph 13, p. 38, line 23 ("For exemplary damages as may be shown at trial") as to defendants Premier, and ADA only is granted, and as to defendant Sand Canyon, the motion is den...
2023.09.18 Motions to Strike, Demurrer 419
Location: Contra Costa
Judge: Devine, John P
Hearing Date: 2023.09.18
Excerpt: ...ecific dollar amounts (Prayer A). Punitive Damages In order to obtain punitive damages, 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 ...
2023.09.18 Motion to Bifurcate 330
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.09.18
Excerpt: ...ating trial on Plaintiffs claims for alter ego and successor liability (causes of action seven and eight of the Third Amended Complaint) from their remaining claims, with the alter ego claims to be heard first and the remaining claims and cross claims to be heard 90 days later. For the reasons set forth below, the moton is denied. Brief Factual and Procedural Background This case arises from Plaintiffs' purchase of a refurbished home that turned ...
2023.09.18 Motion to Set Aside Dismissal and Reinstate Case 082
Location: Contra Costa
Judge: Douglas, Danielle K.
Hearing Date: 2023.09.18
Excerpt: ... issued an order to show cause ("OSC"). The OSC hearing was held on January 18, 2023. Plaintiff's counsel failed to appear again. As a result, the Court dismissed the matter with prejudice. Standard Defendant moves to set aside the default judgment pursuant to California Code of Civil Procedure ("CCP") SS473(b). Code of Civ-l Procedure 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her l...
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 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...
2023.09.13 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...
2023.09.11 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 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 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 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...
2023.08.31 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 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 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...
2023.08.30 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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