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2023.04.13 Motion to Dismiss SACC 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...wart and Cross-complainant Agra Tech, Inc. designates the Civil Court in Rotterdam, the Netherlands as the exclusive forum for litigation between them. For the following reasons, the motion is denied. Evidentiary Matters Zwart's unopposed Request for Judicial Notice is denied. The Court does not require judicial notice for documents already in its own case file. The Court need not address Zwart's objections to the Sinke declaration. The Court has...
2023.04.13 Motion to Compel Arbitration 164
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...ofers and Allied Workers, AFL-CIO and Associated Roofing Contractors of the Bay Area Counties attached as Exhibit A to the Bernal Declaration. Defendant's request for dismissal of the action in connection with the motion is denied; the Court in its discretion orders the action stayed pending completion of the arbitration. The parties shall appear at the further case management conference set at 8:30 a.m. on October 2, 2023 and advise the Court of...
2023.04.13 Motion for Final Approval of Class Action Settlement 644
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...e class consists of employees who directly provide those services. Preliminary approval of the proposed settlement was granted on November 28, 2022. Since preliminary approval was granted, the administrator has mailed notices to 2,141 class members. 133 packets were returned by the post office. Follow up resulted in 88 new addresses, leaving 46 non-deliverable. No objections or requests to opt out have been received. The motion for final approval...
2023.04.13 Motion to Compel Arbitration and Stay Proceedings 756
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
Excerpt: ...employee of Defendant Matternet, Inc., a drone manufacturer and operator. Plaintiff was hired on February 28, 2022 as a drone "Visual Observer." On March 1, 2022, Plaintiff electronically signed various onboarding documents. Among them was an "At-Will Employment, Confidential Information, Invention Agreement, and Arbitration Agreement" ("Agreement"), which stated: "...l AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES THAT I MAY HAVE WIT...
2023.03.30 Petition for Writ of Mandate 738
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...sented, the parties' briefs either just assume their conclusions or bypass discussion of the issues altogether. Accordingly, before reaching the merits of an important public litigation, the Court wants to be sure that it really has both sides' substantive contentions fully laid out for consideration. If either party wants to take issue with the Court's indications on preliminary points, it should do so now, not wait for the tentative on the next...
2023.03.30 Motion for Preliminary Approval of Class Action Settlement 638
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...Settlement Terms Defendant and its affiliates, also sued as defendants here, are in the business of operating McDonalds restaurants throughout the area. Plaintiff worked in one such restaurant as a crew member in 2020. The original complaint was filed on July 30, 2021. PAGA claims were added by amendment in February 2022. The settlement would create a gross settlement fund of $3.5 million. The class representative payment to the plaintiff, and a ...
2023.03.30 Motion for Preliminary Approval of Class Action Settlement 157
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...in order. The motion is granted, conditioned on submission of a satisfactory supplemental declaration explaining Worksafe and the proposed cy pres provision. A. Background and Settlement Terms Defendant ISP2, and its subsidiaries also named as defendants, are in the business of SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/30/2023 10 operating a chain of restaurants...
2023.03.30 Motion for Preliminary Approval of Class Action and PAGA Settlement 604
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...f proposed class representative payments. A. Background and Settlement Terms Defendant is in the business of providing clinical outpatient intervention to autistic teens, and their families and caretakers, principally on an in-home basis. Each of plaintffs was employed by defendant for various periods in 2020-2022 in various hourly, non-exempt positions. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER...
2023.03.30 Motion for Final Approval of Class Action Settlement 023
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
Excerpt: ...TE: 03/30/2023 7 A. Background and settlement Terms The original complaint was filed January 8, 2020. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage statements, and reimbursement of employee business expenses. The case does not include a claim under PAGA. Since preliminary approval was granted, the administrator has mailed ...
2023.03.23 Petition for Coordination 273
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.23
Excerpt: ...on and PAGA case. • Chiesa v. Airgas, No. 34-2022-00325292, filed in Sacramento County on August 17, 2022 as a class action. • Chiesa v. Airgas, No. 34-2022-00328503, filed in Sacramento County on October 19, 2022 by the same plaintiff as the precedng case, as a PAGA-onl',' case. Pursuant to an order of the Chief Justice entered February 16, 2023, Contra Costa Superior Court was assigned to decide the motion, and the Presiding Judge of this c...
2023.03.23 Demurrer to SAC 870
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.23
Excerpt: ...rrer to the third and fourth causes of action is overruled. Defendant shall answer the complaint within 15 days. Background On September 2, 2022 Plaintiff Shonte Herse filed this action against Defendant Harley-Davidson Motor Company, Inc. ("HDMC"), alleging violations of California's Song-Beverly Act (SBA, Civil Code SS 1790 et seq.), and the federal Magnuson- Moss Warranty Act (MMWA) (15 U.S.C. SS 2300 et seq.). In the operative Second Amended ...
2023.03.23 Demurrer to FACC, Motion to Strike 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.23
Excerpt: ... OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/23/2023 13 In a nutshell, the fundamental problem with TEG'S cross-complaint against Agra Tech is that it is a defense masquerading as a cross- complaint. Importantly, although there are numerous parties to this litigation, the only party that has sued TEG is Agra Tech. Accordingly, there are no claims against TEG, from plaintiff Natu...
2023.03.16 Motion for Approval of PAGA Settlement 413
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ...A case (not a class action), alleging a variety of violations of the Labor Cuie 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 work outside paid SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 10 time, and violations as t...
2023.03.16 Motion for Preliminary Approval of Class and Representative Action Settlement 784
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ... bus driver. The original complaint was filed on April 24, 2019 as a class action. PAGA claims were added by amendment shortly thereafter. The first amended complaint is the operative pleading. The settlement would create a gross settlement fund of $150,000. The class representative payment to the plaintiff would be $5,000. Attorney's fees would be $50,000 (one-third of the settlement). Litigation costs would not exceed $12,000. The settlement ad...
2023.03.16 Motion for Preliminary Approval of Class Action Settlement 154
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.16
Excerpt: ...e science research and clinical SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 6 diagnostic products. Plaintiff worked in its manufacturing operations. The original complaint was filed on January 27, 2021 as a class achon. The class claims were dismissed pursuant to an unopposed motion based on an arbitration agreement and class action waiver, but PAGA claims...
2023.03.09 Motion to Compel Arbitration 342
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...t. Parties are ordered to submit plaintiff's individual PAGA claims to arbitration and this proceeding is otherwise stayed, pending the outcome of arbitration. (Code of Civil Procedure S 1281.4.) The Court notes that this is a PAGA-only action. The same plaintiff filed a parallel class action in this Court asserting substantively similar claims. That case was removed to federal court. Defendant filed a parallel moton in the federal case to compel...
2023.03.09 Motion to Apply Texas Tort Law 322
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ... comply with rule 3.1116 of the California Rules of Court in future law and motion proceedings. Plaintiffs' Evidence. The bulk of plaintiffs' opposition evidence is of little value to the Court in deciding this motion. For example, plaintiffs' counsel attaches "Material safety data sheet[sl" and a related piece of correspondence as Exhibits 1-7 and 24, with no explanation of the nature or significance of these documents. Equally unhelpful are the...
2023.03.09 Motion for Preliminary Approval of Class Action Settlement 131
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...tlement would create a gross settlement fund of $390,000. The class representative payment to the plaintiffs would be $7,500. Attorney's fees would be $130,000 (one- third of the settlement). Litigation costs would not exceed $12,500. The settlement administrator's costs are estimated at $7,000. PAGA penalties would be $40,000, resulting in a payment of $30,000 to the LWDA. The net amount paid directly to the class members would be about $185,000...
2023.03.09 Demurrer to FAC 781
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...ons and for retaliation for asserting rights as tenants. The demurrer is and sustained with leave to amend as to the Eleventh cause of action. It is otherwise overruled. Plaintiffs shall have 30 days from the date of this order in which to amend. Defendants shall have 30 days from service of the amended complaint, or from expiration of Plaintiffs' time to amend, in which to respond. Background/procedural History On September 1, 2021, plaintiff Sa...
2023.03.09 Application for Leave to File SAC 901
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.09
Excerpt: ...before it an unrebutted factual showing by defendant which, if true, demonstrated to the Court's satisfaction that the proposed substitute plaintiff Norma Chayrez could not assert the claims at issue in the case, could not be an adequate class representative, and did not present a timely PAGA claim. As the Court summarized in that tentative ruling: [Chayrez] in fact worked at defendant only two days, in February 2020. During that time she did not...
2023.03.02 Motion to Stay 548
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...ors, including its former Chief Executive Officer, Sam Bankman-Fried, are the subject of numerous pending civil actions, bankruptcy proceedings, and criminal investigations. Bankman-Fried and others are alleged to have misappropriated funds invested on the FTX.com platform, in part through another company owned by Bankman-Fried, Alameda Research. On November 11, 2022, FTX.com announced that it, FTX US, Alameda, and numerous related companies file...
2023.03.02 Motion to Compel Arbitration and Stay Proceedings 513
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...nd stay further proceedings. (Some of these individuals appear in the case only as trustees for trusts.) The distinctions among these moving defendants are largely irrelevant to the motion, and unless otherwise required, they will be collectively called the “Rhoads defendants” or “Rhoads parties”. Plaintiffs in the case are John Frazer and Cecilia Cruickshank (husband and wife), both suing solely on behalf of a family trust of which they ...
2023.03.02 Motion to Compel Arbitration and Stay Court Proceedings 066
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...mmissions, or that Puri otherwise interfered with Saini's ability to receive commissions from transactions involving the family and friends of Burt Benepal. (Complaint, ¶ 22 and ¶ 30.) • The parties may, but are not required to, arbitrate the claim that plaintiff Saini is owed a 30 percent referral fee for the transaction that closed on June 29, 2022. (Complaint, ¶ 22 and ¶ 23.) This action is stayed pending the outcome of the arbitration. ...
2023.03.02 Motion to Compel Arbitration 594
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.02
Excerpt: ...all not prejudice the parties' right to stipulate to arbitration for all plaintiffs, should the parties deem that a more efficient mode of proceeding. Defendants' request for judicial notice is granted. This action is stayed pending the outcome of the arbitration, and of any judicial reference, subject to further court order. The Original Purchaser Plaintiffs. The plaintiffs who were original purchasers of their homes do not dispute that their pu...
2023.02.23 Demurrer to FAC 987
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.23
Excerpt: ... a procedural and jurisdictional subtext here, which neither side tries to conceal. Plaintiff sued three defendants (not counting Does) in her complaint, and again in her first amended complaint: Wal-Mart Associates, Inc.; Walmart Inc.; and Emmy Rodriguez. Plaintiff is evidently of diverse citizenship from the two corporate defendants, but not from Rodriguez. Defendants removed the case to federal court on the basis of diversity, asserting that R...
2023.02.23 Motion for Preliminary Approval of Class Settlement 186
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.23
Excerpt: ...a class action in this County, and amended the complaint to add a PAGA claim. NCR removed the case to federal court based on the Class Action Fairness Act. Kalaveras's class claims were then dismissed, and the action remanded to this Court. Meanwhile, Missreezadah filed a PAGA-only case in Los Angeles County. The latter case was dismissed voluntarily, and Missreezadah was added by amendment as a plaintiff in the Contra Costa action. After a succe...
2023.02.23 Motion for Leave to Amend Complaint 819
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.23
Excerpt: ... require leave of court to amend. (Proposed defendant Quam is not a party in the case.) At a previous CMC the Court had informally observed that plaintiff's existing complaint is virtually SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/23/2023 9 devoid of any factual allegations. The present motion is presumably his response to that admonition. However, the proposed ...
2023.02.23 Motion for Summary Judgment, Adjudication 518
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.23
Excerpt: ... only on those issues relating to which entity or entities were responsible as the employer(s) of plaintiff Hill – Tesoro, or co-defendant Specialty Welding and Turn Arounds, LLC (SWAT). Background This action arises out of plaintiff's employment as a journeyman pipefitter for approximately three weeks from February 28 to March 19, 2019 at an oil refinery in Martinez owned and operated by defendant Tesoro. (Second Amended Complaint (2AC) ¶ 8.)...
2023.02.16 Motion for Preliminary Injunction 817
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.16
Excerpt: ...tice of their request for a preliminary injunction by serving either a notice of motion or an order to show cause. (CRC 3.1150(a).) “An OSC must be used when … the party against whom the preliminary injunction is sought has not appeared in the action.” (Ibid.) “If the responding party has not appeared, the OSC must be served in the same manner as a summons and complaint.” (Ibid.) The OSC must describe the injunction to be sought at the ...
2023.02.16 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 812
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.16
Excerpt: ...TY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/16/2023 18 Since preliminary approval was granted, the administrator has mailed notices to 115 class members. No objections or requests to opt out have been received. A. Background and Settlement Terms The original complaint was filed on August 30, 2021, raising class action claims on behalf of non-exempt employees, alleging that defendant violated the Labor Code in ...
2023.02.16 Motion for Approval of PAGA Representative Action Settlement 589
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.16
Excerpt: ...ntiffs worked for defendants as hourly employees – Torres as a shipping/receiving clerk, and Rascon as a machinist. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. Among other things, the action alleges violations centering ...
2023.02.16 Demurrer to FAC 580
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.16
Excerpt: ... care to assert one) seeking a judicial order requiring Kristin Pace to turn over particular documents or sets of documents from her prior service as an attorney for one or more of the cross-complainants. In all other respects, leave to amend is denied; indeed, it is not even requested. The Relevant Players In the interests of both readability and brevity, the Court will use convenient shorthand to speak of SUPERIOR COURT OF CALIFORNIA, CONTRA CO...
2023.02.09 Motion to Compel Arbitration 296
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.09
Excerpt: ...s are ordered to arbitration. The Court denies the motion to the extent it seeks dismissal of the action and grants the motion to the extent it seeks a stay of the action as to Plaintiffs' representative PAGA claims, as described below. This action shall be stayed through June 9, 2023. A case management conference is set for 8:30 a.m. on May 2, 2023. The parties shall include with their case management conference statements a report on the status...
2023.02.09 Motion for Preliminary Approval of Class Action Settlement 497
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.09
Excerpt: ...rrent and former hourly or non-exempt employees at defendant's restaurants. The motion will be granted if plaintiff provides a compliant declaration concerning submission of this proposed settlement to LWDA. A. Background and Settlement Terms The original complaint was filed on March 9, 2020. There are a number of claims in the complaint, but they all arise generally from the allegation that defendant made a practice of understaffing its restaura...
2023.02.09 Motion for Judgment on the Pleadings 271
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.09
Excerpt: ...ed, subject to the possibility of either or both parties seeking to coordinate this case with the Venegas case. Preliminary Observations The key points of contention between the parties on this motion predictably center on a substantial difference between this case and the Venegas case – namely, that Venegas is pleaded only as a PAGA action, whereas this case is filed as both a PAGA claim and a purported class action. Looking back over the part...
2023.02.02 Motion for Preliminary Approval of Class Action Settlement 153
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.02
Excerpt: ...NTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/02/2023 13 When this motion first came up for hearing, the Court indicated generally that the settlement appeared appropriate in most respects, but that it had concerns in two respects. However, the Court is a little concerned by the relatively modest level of recovery provided. The gross settlement amount is recited to be less than 24% of the claims' “likely valu...
2023.02.02 Demurrer to FAC 157
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.02.02
Excerpt: ... the surviving causes of action. Background Plaintiffs are obligors under a $200,000 promissory note dated April 1, 2008 secured by a deed of trust on plaintiffs' residence located at 1452 Club View Drive, El Cerrito, CA recorded on April 9, 2008. (FAC ¶¶ 1, 4, 12‐15; Defs. RJN Exh. A.) The lenders under the note and deed of trust are defendants the Pans. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OF...
2023.01.26 Motion for Final Approval of Class Action Settlement 272
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.26
Excerpt: ...g that defendant violated the Labor Code in various ways, all of which arose from underpayment of sick pay. The settlement will create a gross settlement fund of $95,000. The class representative payment to the plaintiff will be $10,000. Counsel's attorney's fees will be $31,666.67 (one‐ third of the settlement). Litigation costs are estimated at $15,000. The settlement administrator (Phoenix) would receive an estimated $4,500. PAGA penalties w...
2023.01.26 Motion for Final Approval of Class Action Settlement 317
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.26
Excerpt: ...d and Settlement Terms Plaintiffs filed this action on February 16, 2021, alleging that on February 9, 2021, a pipeline at the Chevron Richmond Refinery's “Long Wharf” ruptured, resulting in the spilling of at least 700 gallons of petroleum product into the Bay, during the herring spawning season. They allege that this spill caused damage to the San Francisco Bay herring population that will last a decade. They bring SUPERIOR COURT OF CALIFOR...
2023.01.26 Motion for Final Approval of Class Action Settlement 831
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.26
Excerpt: ...inal complaint was filed April 30, 2019, raising claims as a class action on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, off‐the‐clock work, non‐compliant meal and rest periods, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/26/2023 2 unreimbursed business exp...
2023.01.19 Motion to Quash Service of Summons 781
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.19
Excerpt: ...COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/19/2023 2 The Court notes at the outset that the moving papers have no proofs of service attached, and there is nothing else in the Court's file establishing that this motion was properly served on plaintiffs' counsel. However, the pendency of this motion was expressly discussed at the December 27 CMC, and counsel were to meet and confer concerning it. Moreover, ...
2023.01.19 Motion to Dismiss FACC 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.19
Excerpt: ...nd Cross‐Complainant Agra Tech designates the Civil Court in Rotterdam, the Netherlands, as the exclusive forum for litigation between them. For the following reasons, the motion is granted. Background This is a complex construction‐defect case concerning a greenhouse complex for growing marijuana.1 Plaintiff Natura is the owner the complex, and the customer of the various builder or supplier defendants in the case. One of those defendants is...
2023.01.19 Motion for Preliminary Approval of Class Action and PAGA Settlement 257
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.19
Excerpt: ...ent Terms The original complaint was filed on June 1, 2021. It remains the operative complaint. The alleged violations are of a technical nature. Defendant is not alleged to have underpaid or undercompensated any employees. Rather, the allegation is that the pay statements issued to the employees failed to identify the dates of the relevant pay period. Further, in discovery it was ascertained that in fact this was true only of each employee's ini...
2023.01.19 Demurrer 755
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.19
Excerpt: ...on was SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/19/2023 14 denied in whole or in part may make a new application for the same order if supported by an affidavit detailing when and to what judge it was made; what was sought; what orders or decisions were made; and what new or different facts, law or circumstances would support a different outcome. (§ 1008, subd...
2023.01.12 Motion to Quash or Modify Subpoena 624
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.12
Excerpt: ... The case is filed as a purported class action and PAGA complaint. Child Action is an unrelated entity that provides referral and other services for families seeking child care or child care subsidies. It is uncontested that plaintiff applied to Child Action for public benefits. The factual situation is less clear as to whether plaintiff was or is also actually employed at Child Action; plaintiff's papers say she is, and defendant's papers seem t...
2023.01.12 Motion to Compel Production of Docs 624
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.12
Excerpt: ...ingle motion combining issues as to both interrogatories and SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/12/2023 7 RFPs, asserting without elaboration that Govt. Code § 70617(a)(4) mandates separate motions for different forms of discovery. How on earth does that statute say that? Defendant objects that the motion papers were served by email to counsel, rather th...
2023.01.05 Motion to Continue Trial Date 895
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.01.05
Excerpt: ...ause, according to them, plaintiff in his recent deposition refused to answer a large number of questions without justification, instead asserting frivolous objections and refusals to answer. The details of this contention are not yet provided, given that the deposition transcript is not yet available. The two examples given in the present motion, however, certainly appear to bear out the contention. Defendants want time to prepare and litigate a...
2020.12.18 Petition to Confirm Contractual Arbitration Award 619
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.12.18
Excerpt: ...ship role as a Member Experience Generalist. In 2011 Keene signed an arbitration agreement, which was a condition to her continued employment. The agreement was “[t]o ensure the rapid and economical resolution of disputes that might arise in connection with the employment of [Keene].” The agreement stated that questions of arbitrability and “procedural questions which grow out of the dispute and bear on the final disposition” would be “...
2020.12.18 Motion for Summary Judgment, Adjudication 232
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.12.18
Excerpt: ...r summary adjudication is granted as to plaintiff's causes of action 1 (negligence), 3 (respondeat superior), 4 (negligent hiring and supervision), 5 (negligence per se), and 10 (negligent infliction of emotional distress). The motion for summary adjudication is denied as to plaintiff's cause of action 11 (UCL). Bigelow's motion for summary judgment on all cross‐complaints against it is also granted. Factual Background Plaintiff Nefertari S. is...
2020.12.18 Motion for Summary Judgment 350
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2020.12.18
Excerpt: ... floor of defendants' business, Vice Ultra Lounge. Plaintiff was a patron at the business operating at 1251‐A Arroyo Way in Walnut Creek. Plaintiff sustained injuries. On December 30, 2014, Plaintiff filed a complaint against defendants Matthew DeLima and Matthew DeLima dba Vice Ultra Lounge. On April 13, 2015, plaintiff filed a second amendment to the complaint, naming Defendant Jesse Sandhu as Doe 2. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALI...

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