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2019.12.19 Motion to Expunge Lis Pendens 116
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.19
Excerpt: ...cement (4) declaratory judgment; and (5) preliminary injunction. Plaintiff recorded a notice of Lis Pendens. Defendant filed a motion to expunge, and applied for an order shortening time for the hearing, which was granted without opposition. Plaintiff Joseph is the stepfather of defendant Scott, who is married to defendant Michelle (“Misti”). (First names are used for clarity, no disrespect is intended.) Joseph alleges that in 1998, he helped...
2019.12.19 Motion to Disqualify Counsel 440
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.19
Excerpt: ...sented DBI in several matters, including one substantially related matter. Engeo's position in this case is adverse to DBI. The substantially related matter is Discovery Builders, Inc. v. DeSilva Gates Construction. (The Court reminds all counsel of the provisions of Rule of Court 3.1112(k), which state: “All references to exhibits or declarations in supporting or opposing papers must reference the number or letter of the exhibit, the specific ...
2019.12.19 Motion for Preliminary Approval of Class Settlement 361
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.19
Excerpt: ... waiting time violations. The agreement, provides a settlement class consisting of non‐exempt employees employed from July 6, 2014, through the date of preliminary approval, and is estimated to include 163 potential members. A gross settlement of $825,000, non‐reversionary, will be paid to the Settlement Administrator. The employer's share of payroll taxes (not income tax withholding) on the wage portions of the payments will be paid by Defen...
2019.12.19 Demurrer 031
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.19
Excerpt: ...r ease of reference, the Court refers to the complaint filed in Watts v. Syngenta AG, Contra Costa Case No. MSC19‐00637. The main Plaintiffs allege that they were diagnosed with Parkinson's Disease after using Paraquat. The Plaintiffs have sued Defendants for (1) strict products liability, (2) negligence, (3) nuisance, (4) California Consumers Legal Remedies Act and (5) breach of the implied warranty of merchantability. In addition to the main ...
2019.12.12 Motion for Preliminary Approval of Class Settlement 600
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.12
Excerpt: ...rked, failure to pay overtime wages, failure to provide meal periods, waiting time penalties, failure to provide accurate wage statements, and failure to provide timely wage statements. The First amended complaint, filed August 7, 2018, added a cause of action for civil penalties under PAGA. The second amended complaint, filed October 22, 2019, after the settlement had been reached, added a cause of action for failure to provide rest periods. The...
2019.12.5 Motion Re Statute of Limitations 059
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.5
Excerpt: ...the Court notes that there seems to be a difference among the parties about the stipulation to the manner in which this issue would be heard. In the Court's recollection, the issue arose because after the Court granted the motion to sever the statute of limitations defense, it inquired about how it would be tried, and whether a jury trial was requested. Plaintiff requested a jury. Defendants urged that there was no factual dispute. All concerned ...
2019.12.5 Demurrer 972
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.5
Excerpt: ...physical restraints and seclusion at the Floyd I. Marchus School (“Marchus”). (SAC, Pars. 7, 21– 28.) Student Plaintiffs bring this action through their guardians ad litem against several county‐level defendants and several state‐level defendants. Their guardians also bring their own claim based on their standing as taxpayers (collectively the “Taxpayer Plaintiffs,” and together with Student Plaintiffs, “Plaintiffs”). Marchus is...
2019.12.5 Motion for Preliminary Approval of Class Action Settlement 859
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.12.5
Excerpt: ...e to pay all wages owed upon termination. The First amended complaint, filed August 7, 2018, added a cause of action for civil penalties under PAGA. The second amended complaint, filed October 22, 2019, after the settlement had been reached, added a cause of action for failure to provide rest periods. The agreement provides a settlement class consisting of truck drivers implied during the Class Period, consisting of 132 persons. A gross settlemen...
2019.11.21 Motion for Preliminary Approval of Class Action Settlement 415
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.11.21
Excerpt: ...tely identify the proper rate of pay when double overtime wages were paid. A. Terms of the Settlement. The gross settlement amount is $240,000. The settlement was negotiated with the assistance of an experienced mediator. Notice of the PAGA claims was provided to the Labor & Workforce Development Agency. The record now shows that notice of the settlement motion was provided to the LWDA on September 12, 2019. The LWDA has not responded. Plaintiff ...
2019.11.20 Motion for Judgment on Peremptory Writ 228
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.11.20
Excerpt: ...ce Protection, Public Safety Enhancement, and Development Restriction Initiative (“Richland Initiative”). The motion is opposed by the City of Antioch (“City”), and by real parties in interest Richland Communities, Inc. a Florida corporation, and Richland Planned Communities, Inc., a California corporation (collectively “Richland”). The Richland Initiative includes a provision approving a development agreement between Richland and the...
2019.11.14 Motion to Strike 036
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.11.14
Excerpt: ...quest for Judicial Notice Nelson seeks judicial notice of the complaint and answer on file in a separate, and apparently related case. The request is unopposed. It is granted. However, the Court notes that while it takes judicial notice of the existence of those materials and their contents, it does not take judicial notice of, or otherwise accept, the truth of the matters stated therein. Anti‐SLAPP Motion Deciding Nelson's motion potentially r...
2019.10.31 Demurrer 506
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.10.31
Excerpt: ...f action are barred by the applicable statute of limitation (Code of Civil Procedure §§ 338(d) [fraud, three years]; 339(1) [breach of contract based on negligent misrepresentation, 2 years]; 337 [rescission, four years]). Initially, the Court notes that the parties did not completely comply with the meet and confer requirement of Code of Civil Procedure section 430.41(a). Defense counsel sent a meetand‐confer letter, but the statute requires...
2019.10.24 Motion to Compel Arbitration and Dismiss or Stay Proceedings 132
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.10.24
Excerpt: ...Connie Schwendeman (“Plaintiff”). The FAC alleges causes of action for (1) failure to pay overtime (Labor Code §§ 510, 1194) (against Cross Country only); (2) failure to furnish accurate wage statements (Labor Code § 226) (against Cross Country only); (3) unfair business practices (Bus. & Prof. Code § 17200 et seq.) (against Cross Country only); (4) waiting time penalties (Labor Code § 203) (against Cross Country only); and (5) represent...
2019.10.24 Motion for Preliminary Approval of Class Action Settlement 415
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.10.24
Excerpt: ...nts did not accurately identify the proper rate of pay when double overtime wages were paid. A. Terms of the Settlement. The gross settlement amount is $240,000. The settlement was negotiated with the assistance of an experienced mediator. Notice of the PAGA claims was provided to the Labor & Workforce Development Agency. The record does not show that notice of the settlement motion has been provided to the LWDA. Plaintiff estimates that there ar...
2019.10.24 Demurrer 603
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.10.24
Excerpt: ...��complaint filed the by general contractor, Branagh Development. Colony filed an answer as an intervenor in this case. At the same time, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/24/19 ‐ 5 ‐ Colony filed a cross‐complaint for indemnity, contribution and declaratory relief seeking indemnity and/or contribution from the general or various subcontractors. Victory demurred to Colony's cross‐complaint ar...
2019.10.17 Motion for Prelimiinary Approval of Class Action Settlement 450
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.10.17
Excerpt: ...s worked, and other violations arising from those failures. A. Terms of the Settlement. The gross settlement amount is $305,000. The settlement was negotiated with the assistance of an experienced mediator. Notice of the PAGA claims was provided to the Labor & Workforce Development Agency. Notice of the settlement motion has been provided to the LWDA. Plaintiff estimates that there are 166 members of the class. The agreement contains a release, w...
2019.10.17 Motion for Judgment on the Pleadings 459
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.10.17
Excerpt: ...indemnity, equitable indemnity, and contribution. For the following reasons, the MJOP is granted, with leave to amend. Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) As a consequence, it may be granted if, from the pleadings, together with matters that may be judicially noticed, it appears that...
2019.5.16 Motion for Judgment on the Pleadings, to Strike Answer, Demurrer, to be Relieved as Counsel 264
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.5.16
Excerpt: ...ing her employment[.]” (Complaint, Par. 4.) Nonetheless, defendant “willfully, and deliberately hired her to work for the corporation and continued to keep her employed despite clear evidence that her mental health issues were escalating.” (Par. 5.) He then “failed to avoid the probable dangerous consequences of exposure to Kimberly Goldman's propensity for violence in a conscious disregard for the rights and safety of fellow employees, v...
2019.5.16 Motion to Compel Arbitration, Stay Action 413
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.5.16
Excerpt: ...asa, Inc. That case does not include PAGA claims, but states a putative class action for wage and hour and other Labor Code violations on behalf of Hasa employees that are similar to those underlying the PAGA claim here. The Los Angeles court ordered Mejia to arbitration under the terms of the relevant employment agreements. Because PAGA actions are brought in the shoes of the state, an individual employee's agreement to waive those representativ...
2019.5.16 Demurrer 726
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.5.16
Excerpt: ...ion for (1) violation of Commercial Code§ 3118; (2) violation of Civil Code § 2923.6 and § 2924.11; (3) negligence; (4) violation of Cal. Bus. & Prof. Code § 17200 et seq.; and (5) violation of Code of Civil Proc. § 366.2. Plaintiff abandoned her first and fifth claims, without prejudice, in her Opposition. Opp. at 5:27‐ 28. For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice Defendant req...
2019.4.25 Motion for Relief from Default 432
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.4.25
Excerpt: ...uling, plus any additional time necessary due to the method of service. (C.C.P. § 1167.4.) Frasier states that she calculated this as resulting in an additional five days for service by mail, and was not aware that, because the order was service by overnight mail, the time to respond was extended only by two days. As a result, her last day to respond was March 21, 2019, not March 25, as she had expected. Her default was taken on March 22. Pursua...
2019.4.25 Motion to Reclassify Case 587
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.4.25
Excerpt: ...y change the classification where it finds that “an action previously declared to be a complex case is not a complex case.” He asserts that this will help assure the “prompt resolution” of this case. Plaintiff responds that the Court should exercise its authority to extend the deadline to file the motion for class certification. The Court declines to extend the deadline based on this CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPART...
2019.4.25 Motion to Vacate Dismissal 493
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.4.25
Excerpt: .../19 ‐ 2 ‐ The lead case here is one of four different cases that have been consolidated. On March 7, 2019, plaintiff submitted a request for dismissal as to Tara Plaza, which was entered by the court. Plaintiff's attorney now states that this was due to inadvertence and mistake, and was not authorized by plaintiff. This claim is supported by the declaration of counsel. Under Code of Civil Procedure section 473(b), the court is “required to ...
2019.4.25 Demurrer 021
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.4.25
Excerpt: ...s that the hearing on defendants' demurrer should be continued, in order to allow plaintiff to file a request for judicial notice of the documents from the Mallano case that plaintiff believes are pertinent, and in order to allow both sides to brief the collateral estoppel issue. The parties should be prepared to discuss an appropriate briefing schedule. The Court also rules as follows on selected procedural issues. 1. Plaintiff may refer to docu...
2019.4.25 Motion for Attorney Fees 302
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.4.25
Excerpt: ...us, the request is not directed at the case as a whole, but only at the portion of the case as to which there is an applicable fee statute, i.e., Probate Code section 21380, which governs the validity of gifts to a drafter beneficiary. Indeed, the Court previously awarded trial court fees in favor of petitioners and against Youngman based on its invalidation of Youngman's gift under the trust. That order is not disputed. The nature of the appeal ...
2019.4.18 Demurrer 010
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.4.18
Excerpt: ... before May 2, 2019. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/18/19 NOTE: CALENDAR WILL NOT START UNTIL 9:15 A.M. ‐ 2 ‐ Background During the four years preceding this complaint, Digna Ramos was employed by Defendants as a caregiver in Defendants' care homes for the elderly in the Contra Costa County. Plaintiff brings this class action lawsuit against Defendants pursuant to CCP § 382, on behalf of hers...
2019.4.18 Motion to Compel Arbitration 350
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.4.18
Excerpt: ... that arbitration is stayed pending resolution of the UCL claim. (Code Civ. Proc., § 1281.2.) I. Background Plaintiff brings this putative class action for violations of the RFDCPA and UCL, alleging false and deceptive practices by defendant Wheels Financial Group, d/b/a Loan Mart (Wheels), which were designed to deceive debtors into paying more money than they actually owed. Pursuant to the section of the promissory note entitled “”Arbitrat...
2019.4.4 Motion to Strike 132
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.4.4
Excerpt: ...n as to Plaintiff's individual wage claim under Labor Code section 558.” The Court did not order plaintiff to arbitrate her representative claim for civil penalties, and could not have done so under the Iskanian decision discussed in the order. Plaintiff has now unequivocally waived her individual claim for unpaid wages. Accordingly, there is nothing to arbitrate, and no reason to stay plaintiff's representative claim for civil penalties. This ...
2019.3.28 Demurrer 603
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.3.28
Excerpt: ...f Plate Line Framers, Inc. (SAC ¶ CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/28/19 ‐ 4 ‐ 4(g).) Miks argues that plaintiffs' allegations are uncertain and insufficient to state a cause of action. (See Code of Civil Procedure § 430.10 (e)‐(f).) The tort liability of corporate officers and directors was explained in Frances T. v. Village Green Owners Assn. (1986) 42 Cal.3d 490, 503‐504: “It is well ...
2019.3.21 Motion to Amend Pleading and Judgment 106
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.3.21
Excerpt: ...he Court. The order granting the motion was filed on September 26, 2018. Judgment for defendants was also entered on September 26, 2018. Plaintiff filed this motion on February 13, 2019. The motion appears to be based upon Code of Civil Procedure section 473(a) and (b) as those sections are referenced on page 20 of the motion. Code of Civil Procedure section 473(a) applies to amending complaints and does not help plaintiff at this stage in the ca...
2019.3.21 OSC Re Preliminary Injunction 316
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.3.21
Excerpt: ...price of $54,714.39. Plaintiffs' lender, Educational Employees Credit Union (EECU), thereafter became concerned when defendants could not produce title to the car. As of June 28, 2018, the date of the complaint, plaintiffs still did not have title to the car. It appears EECU never funded the loan, as defendants now hold the security interest. Defendants ultimately transmitted registration and tags on August 2, 2018. Negotiations ensued about whet...
2019.3.14 Motion for Summary Judgment 153
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.3.14
Excerpt: .... Its motion for summary adjudication of the second cause of action for declaratory relief is granted in part and denied in part. The requests for judicial notice are denied as unnecessary. The Court need not judicially notice its own files, but appreciates receiving copies of relevant documents. I. Background Plaintiff San Luis Obispo County Flood Control and Water Conservation District (District) hired defendant A. Teichert & Son, Inc. (Teicher...
2019.3.7 Motion for Leave to File Complaint, to Compel Further Responses 600
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.3.7
Excerpt: ...is improper because plaintiffs were aware of Mr. Klinkovsky's identity when the filed their complaint. In considering the motion, the Court is mindful of the liberal policy allowing amended pleadings. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) A plaintiff may not amend a complaint for the purpose of substituting a named defendant for a fictitious defendant pursuant to Section 474, if, at the time the original complaint was...
2019.3.7 Motion for Summary Judgment 432
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.3.7
Excerpt: ...ient to oppose summary judgment. (As to Defendant's claim that the complaint was not properly verified, the motion relies on competent declarations, not the verification of the pleading.) In order to avert summary judgment, the opposing party “must produce substantial responsive evidence sufficient to establish a triable issue of material fact.” (Sangster v. Paetkau (1998) 68 Cal.App.4th 151, 162, 163 [assertion that documents were “fabrica...
2019.2.28 Demurrer 001
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.2.28
Excerpt: ...y plaintiff alleges. (See Gov. Code §§ 815, 818.8; see also Masters v. San Bernardino County Employees' Retirement Association, (1995) 32 Cal.App.4th 30, 42‐43.) Plaintiff Valerie M. Brown alleges that she was misinformed as to the requirements for taking a lump‐ sum rollover of her 30‐year accrued retirement as an employee of the Alameda Court. She alleges that she was told the process for calculating her final retirement benefit would t...
2019.2.28 Motion to Expunge Lis Pendens 106
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.2.28
Excerpt: ...oldings, but Parcel B was sold. When Parcel B was sold, it was made subject to certain easements: a Landscape Easement, which gives 956 Holdings, as the owner of Parcel A, the right to control landscaping (including fencing) within a defined portion of Parcel B. In addition, a Sewer Line, with an authorizing easement, runs through Parcel B, serving Parcel A, and connecting to the main sewer line on the west side of Parcel B. The owner of Parcel B...
2019.2.21 Motion for Preliminary Approval of Class Settlement 307
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.2.21
Excerpt: ..., the risk of meaning class action status through trial, the amount offered in settlement, the extent of discovery completed and the state of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction … to the proposed settlement.” Because this matter also proposes to settle PAGA claims, the Court also must consider the criteria that apply under that statute. The Legislature's express co...
2019.2.21 Application for Determination, Motion for Terminating Other Severe Sanctions 101
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.2.21
Excerpt: .... Respondent relies on White v. Ultramar (1999) 21 Cal.4th 563. Petitioners claim that White does not apply, because its discussion of whether a person is a managing agent is for purposes of the defendant's liability for punitive damages under Civil Code section 3294(b). The Court has found no authority specifically addressing whether the White test applies under Code of Civil Procedure section 1987(b). The language “officer, director, or manag...
2019.2.7 Motion for Judgment on the Pleadings 197
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.2.7
Excerpt: ...icizing the doctrine, Witkin notes, “so long as the rule remains, however, it seems wise to avoid the detailed form of specific denials and use the simpler methods of specific denial by paragraphs or parts,” while noting that such denials “will not always be safe.” (See also Weil & Brown California Civil Procedure Before Trial (2018) Par. 6:421 [p. 6‐128].) At least one reported case, however, refused to apply the doctrine mechanically,...
2019.1.31 Motion to Compel Arbitration, Stay Proceedings 641
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.1.31
Excerpt: ...ection 2698 et seq., are not subject to arbitration nor do civil penalties for unpaid wages constitute individual claims such that they should be severed for arbitration. I. Background Plaintiff, having provided notice of various Labor Code violations by defendants, brought this complaint under PAGA to seek civil penalties on a representative basis for defendants' Labor Code violations. As part of her employment, plaintiff agreed that “any and ...
2019.1.24 Motion to Enter Judgment Pursuant to 998 Offer 553
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.1.24
Excerpt: ...th 1201, 1206; Pirjada v. Super. Ct. (2011) 201 Cal.App.4th 1074, 1087.) Given that the dismissal of the class claims is without CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 01/24/19 ‐ 2 ‐ prejudice, however, acceptance of the settlement on behalf of the individual plaintiff does not violate the duty toward the putative class. The difficulty here is that the section 998 offer specifically stated that plaintiff...
2019.1.24 Motion for Leave to Intervene 231
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.1.24
Excerpt: ...eclarations. Rather than file an answer in intervention, SMD intends to file a general appearance (which is commonly permitted in the Complex Litigation department), to be followed by a demurrer. Respondent City of Antioch does not oppose the motion. Petitioners Zeka Ranch, One, LLC and a number of related business entities (“Zeka Ranch”) oppose intervention on the grounds that (1) “sponsorship” of an initiative is not sufficient direct a...
2019.1.24 Motion for Leave to Intervene 229
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.1.24
Excerpt: ...rough sufficient declarations showing SMD's role in the drafting and support of the initiative. Rather than file an answer in intervention, SMD intends to file a general appearance (which is commonly permitted in the Complex Litigation department), to be followed by a demurrer. Respondent City of Antioch does not oppose the motion. Petitioner Oak Hill Park Company does not actually dispute that grounds for intervention are established, it instead...
2019.1.17 Motion for Preliminary Approval of Class Action Settlement 929
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.1.17
Excerpt: ...�� under Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801, including “the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of meaning class action status through trial, the amount offered in settlement, the extent of discovery completed and the state of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction … to th...
2019.1.17 Motion for Leave to File Amended Complaint 564
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.1.17
Excerpt: ...heir allegations, and correct grammatical errors. Plaintiffs move pursuant to Code of Civil Procedure § 473 and 576, and Rule 3.1324 of the California Rules of Court on the grounds that Plaintiffs' investigation of previously unknown facts reveals that the notarized deeds of trust for some of the cross‐collateralized properties were altered by the inclusion of additional pages that changed the legal description after Plaintiffs executed them b...
2019.1.10 Motion for Preliminary Approval of Settlement 247
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.1.10
Excerpt: ...class action status through trial, the amount offered in settlement, the extent of discovery completed and the state of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction … to the proposed settlement.” Because this matter also proposes to settle PAGA claims, the Court also must consider the criteria that apply under that statute. The Legislature's express command that PAGA settle...
2019.1.10 Motion for Class Certification 376
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.1.10
Excerpt: ...ities in California at any time on or after March 2, 2013. Defendants OM Fitness, LLC and Pleasanton Fitness, LLC d/b/a Fitness Evolution (collectively “Defendants” or “Fitness Evolution”) opposes certification on two main grounds. First, Defendants argue that Ms. Rodriguez cannot represent the class because she settled all her claims in 2014 and because her claims are not typical as she was a “hybrid worker.” Second, Defendants make ...
2019.1.10 Demurrers 603
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.1.10
Excerpt: ... of Plate Line Framers, Inc. (“Plate Line”). (FAC ¶ 4(g).) Miks contends that plaintiffs' allegations are uncertain and insufficient to constitute a cause of action. (See Code of Civil Procedure (“CCP”) § 430.10 (e)‐(f).) The tort liability of corporate officers and directors was explained in Frances T. v. Village Green Owners Assn. (1986) 42 Cal.3d 490, 503‐504: “It is well settled that corporate directors cannot be held vicariou...
2019.1.3 Motion for Summary Judgment, to Require Undertaking 815
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.1.3
Excerpt: ...lies on the findings in the first motion for summary judgment, that is, that Plaintiffs either made out a prima facie case of exposure to Defendants' benzenecontaining rubber solvent, Cooper 12101, or created a triable issue of fact as to this issue. BACKGROUND Randy was an employee for twenty‐three (23) years at the Cooper Tire Facility in Texarkana, Arkansas, where he was regularly exposed to “benny,” a benzene rubber solvent product, nam...
2019.1.3 Motion for Summary Judgment, Adjudication 699
Location: Contra Costa
Judge: Weil, Edward G
Hearing Date: 2019.1.3
Excerpt: ...summary judgment. However, the subsequent notice of the actual date and time for the hearing filed October 17, 2018 only states that the City is moving for summary judgment. Further, neither defendants' Separate Statement nor their Memorandum of Points and Authorities establish any missing element or complete defense as to the RHA. The Opening Memorandum of Points and Authorities never argues that the RHA is entitled to judgment as a matter of la...

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