Excerpt: ...e conclusion that there is a risk of insolvency, and various issues concerning potential failure to make payments. The motion was denied without prejudice. Plaintiff now has refiled the motion. A. Background and Settlement Terms CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 09/10/20 ‐ 2 ‐ The original complaint was filed June 26, 2019. It is a class action complaint alleging failure to pay wages and/or overtime...

Excerpt: ...an Alameda County Superior Court support and custody action, related case numbers D802925 and AF 12654762. (Opening Brief at 2:19‐21; Ex. A to Lawson Decl., Gov't Claim, p. 2.) The report was prepared by Donald Niall Fallin, Psy.D. Judge Bean stated during a hearing that month that the report had been received and was in the court's file. (Opening Brief at 2:23‐24.) At the trial in February 2014, Judge Pulido allegedly also acknowledged that ...

Excerpt: ...ims by Plaintiff Robert Tiernan for trespass and nuisance arising out of the use by bicyclists of a private road, Calle Arroyo, in a residential community known as Diablo. The Diablo community is comprised of 397 residential properties and the Diablo Country Club. (Compl. ¶¶ 6, 7.) A. The Quiet Title Action In 2017, Tiernan, along with other homeowners in the Diablo community, filed an action in this Court for quiet title and other causes of ac...

Excerpt: ...), as administrator of the JRS. The motion is opposed by plaintiff Bruce Van Voorhis. The role of the California Department of Human Resources (“CalHR”) is addressed in this ruling, but that department has not been named as a defendant. Defendants' motion for summary judgment is granted. Defendants shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiff...

Excerpt: ...s, which was filed on August 27, 2020. A. Background and Settlement Terms The original complaint was filed May 25, 2018. It is a class action complaint alleging failure to pay wages and/or overtime, failure to provide meal periods and rest breaks, and failure to pay for time or expenses associated with obtaining mandatory drug tests. Pursuant to stipulation, an amended complaint adding a PAGA cause of action was filed on May 3, 2019. A Second Ame...

Excerpt: ... car maintenance in public areas, trash, letting her dog run off‐leash, leaving her CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 08/27/20 ‐ 4 ‐ garage door open, noise, and threatening a vendor of the HOA. Defendant did not contest the application for a temporary restraining order (which was denied), and has filed no opposition to the Order to Show Cause re Preliminary Injunction. The motion is granted, with...

Excerpt: ...ired expenses, and failure to provide wages when due. The matter was filed in 2017, but was stayed while the parties arbitrated plaintiff's individual non‐PAGA claims. It was settled with the assistance of an experienced mediator. There is a separate settlement between Ms. Karr and Defendant of her individual claims, which is not submitted to the court as part of the motion. The total settlement payment for the PAGA causes of action is $100,000...

Excerpt: ..., and denies Plaintiff's request for sanctions. Relevant Facts Plaintiff Carey Salinas alleges his vehicle was struck by a vehicle driven by defendant Roger Silvey. He alleges Silvey was driving while intoxicated when the accident occurred. Analysis A. Legal Standards Applicable to Motion to Strike and Pleading Requirements for A Punitive Damages Claim The Court may strike allegations that are “irrelevant, false or improper matter” or any por...

Excerpt: ... time or expenses associated with obtaining mandatory drug tests. Pursuant to stipulation, an amended complaint adding a PAGA cause of action was filed on May 3, 2019. A Second Amended Complaint was filed on June 12, 2020. The parties undertook discovery as part of the matter, and eventually reached a resolution with the assistance of an experienced mediator. The matter was removed to federal court, remanded, then removed again. After a settlemen...

Excerpt: ... not given the legally required rest and meal breaks or pay for those periods. Defendant argues that the complaint fails because CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 08/13/20 ‐ 6 ‐ the pre‐lawsuit notice to the Labor and Workforce Development Agency (LWDA) is insufficient and because Plaintiff has not alleged facts showing a claim for violations of the Labor Code. Defendant demurs to the entire compl...

Excerpt: ...lement. The Court will consider the motions together. This motion initially was heard on July 16, 2020, based on a tentative ruling issued on July 15, 2020. After that hearing, the Court requested supplemental submissions and continued the hearing to this date. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging violations of the Labor Code concerning a number of issues. The primary issue concerns a �...

Excerpt: ... nine causes action against AmSpec involving wage and hour claims, including failure to provide meal periods, failure to authorize and permit rest periods, failure to pay overtime wages, failure to pay minimum wage, and several other causes of action. Plaintiff seeks to represent a class of consisting of all current and former non‐exempt employees of Defendant in the State. She also seeks to represent aggrieved employees as private attorney gen...

Excerpt: ...e ordered to arbitrate causes of action one through nine in the complaint. The PAGA claim (cause of action ten) shall be stayed pending conclusion of the arbitration. The case management conference set for August 31, 2020, is continued to February 5, 2021, 8:30 a.m. Plaintiff filed a class action complaint against the defendants for a number of wage and hour violations, including failure to pay overtime, failure to provide meal and rest breaks, a...

Excerpt: ...gton's California hotels since December 20, 2012. (Motion at 1:24‐26.) Remington opposes certification. The Court is inclined to grant certification in part. Parties are to appear at the hearing prepared to discuss appropriate limitations on the class definitions, as well as issues related to manageability. I. Background Remington manages eleven hotels in California. (Defendant's Response to Special Interrogatory No. 2, Ex. 5 to Boucher Decl.) ...

Excerpt: ...practices by defendant Wheels Financial Group, d/b/a Loan Mart (WFG), which were designed to deceive debtors into paying more money than they actually owed. On April 23, 2019, the Court partly granted and partly denied Wheels' motion to compel arbitration, granting it as to individual claims, denying it as to UCL claims, and staying arbitration pending resolution of the UCL claim. The parties ultimately negotiated a settlement, which included cha...

Excerpt: ...ttlement. The Court will consider the motions together. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging violations of the Labor Code concerning a number of issues. The primary issue, at least based on the matters in the court file, concerns a “Pay Calculation Agreement,” under which salespersons paid on commission whose commission in a given pay period fell below minimum wage would be paid min...

Excerpt: ...iums associated with the adoption of alternative workweek schedules by defendants. Under IWC Wage Order 4‐2001, employees are entitled to overtime rate of pay for time worked over 8 hours in a day or over 40 hours per week. (Order 4, Par. 3(A).) This requirement does not apply, however, to “Alternative Workweek Schedules,” which permit working up to ten hours per day, up to 40 hours per workweek without payment of the overtime rate. (Id., P...

Excerpt: ...sick leave available)” appearing in Prayer for Relief, ¶2. Defendants shall file their answers within ten (10) days. Background Before the Court is a motion to strike (“Motion”) filed by defendants Stericycle, Inc., Stericycle Environmental Solutions, Inc., Stericycle Specialty Waste Solutions, Inc., and Shred‐It USA LLC (“Defendants”) pursuant to Code of Civil Procedure § 436. The Motion relates to the PAGA complaint filed by plain...

Excerpt: ...ropriate, in order to allow plaintiffs to conduct jurisdictional discovery limited to the issue of specific jurisdiction. Background This case arises from plaintiff J.D. Ford's diagnosis of lymphoplasmacytic lymphoma, a type of non‐Hodgkin's lymphoma, that allegedly resulted from his exposure to benzenecontaining products between 1973 and 2007 at a tire manufacturing plant located in Tyler, Texas. (See Complaint, ¶¶18‐20.) CONTRA COSTA SUPE...

Excerpt: ...istrict (“District”). Because the motions present similar and intertwined questions, the Court addresses them together. As to the MJoP, the District asks the Court to take judicial notice of various pleadings on file in this case. The Request is denied as superfluous. To the extent the pleadings are relevant or necessary to the disposition of the MJoP, they are already before the Court in connection with the MJoP. As to the Motion for Leave t...

Excerpt: ...s Ryback, decedent, died of his injuries after he fell at the gas station located at 1091 Market Place, San Ramon, CA. Plaintiffs are his successor in interest, Elaine Ryback, and his two children. They filed their complaint on April 7, 2020, alleging five causes of action: (1) Negligence, (2) Negligence‐ Wrongful Death, (3) Premises Liability, and (4) Survival Action. Five of the six defendants have answered the complaint, including (1) 7‐El...

Excerpt: ...ection Associate,” one of about 1,511 in at Walmart Stores in California during the time in question. APAs are required to communicate with each other on the job. Plaintiff alleges that they were required to use personal cell phones to do so, and that Walmart should have reimbursed them for some of their cell phone costs. Walmart disputes these allegations, contending that proper two‐way radios were provided, that their written policy directe...

Excerpt: ...ure to provide meal periods and rest breaks, failure to pay wages at termination, failure to provide sick days, failure to properly itemize wage statements, failure to pay employees twice per month, and failure to reimburse business expenses. A gross settlement of $600,000, 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 ...

Excerpt: ...pay wages and/or overtime, failure to provide meal periods and rest breaks, and failure to reimburse business expenses. The complaint alleges that the plaintiff class regularly worked overtime, but the rate of overtime pay was not properly calculated because in calculating the regular rate of pay, defendant failed to include commission income. Plaintiff also asserts meal break violations, rest break violations, and failure to reimburse personal c...

Excerpt: ...ieb (“Gottlieb”) as well as their law partnership, SwedelsonGoddlieb (“S&G”), for the fictitious Doe defendants 1‐3 named in the original Complaint. Plaintiff also seeks to add alter ego allegations against Swedelson, Gottlieb, and S&G and revise her prayer for relief to hold Swedelson, Gottlieb, and S&G jointly and severally liable with ALS for a judgment in this case. For the reasons described further, below, the motion for leave to a...