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...

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...

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...

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....

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...

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...

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 ...

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...

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...

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...

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...

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...

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 ...

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...

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...

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; ...

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 ...

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...

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...

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...

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...

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...

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...

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 ...

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....