Excerpt: ...exempt employees alleging that defendant violated the Labor Code in various ways, primarily focused on the allegation that defendant paid sick leave at the base rate of pay instead of the regular rate of pay. The settlement would create a gross settlement fund of $3,250,000. The class representative payment to plaintiff would be $10,000. Counsel's attorney's fees would be $1,083,333.33 (one‐third of the settlement). Litigation costs would not e...

Excerpt: ...ate nuisance, (5) public nuisance, (6) declaratory relief. For the reasons set forth below, the Demurrer is sustained in part and overruled in part, as outlined below. The City is granted leave to amend. CRPC's request for judicial notice regarding the Antioch Municipal Code is granted. (Cal. Evid. Code § 452 (b), (c).) Factual Allegations On January 8, 1991, the City Council of the City of Antioch (“City Council”) granted a 25‐year Franch...

Excerpt: ...dants first through thirty‐ninth affirmative defenses on several grounds. For the following reasons, the Demurrer is sustained‐in‐part and overruled‐in‐part. The Demurrer is sustained, with leave to amend, as to the fourth, fifth, sixth, seventh, eighth, thirteenth, fourteenth, sixteenth, seventeenth, eighteenth, twenty‐fourth, twenty‐fifth, twenty‐sixth, twenty‐seventh, twenty‐eighth, twenty‐ninth, thirtieth, thirty‐ firs...

Excerpt: ... overruled. The demurrer to the First and Second Causes of Action is sustained with leave to amend. The demurrer to the Fifth and Sixth Causes of Action is overruled. Winehaven shall file any amended complaint on or before October 20, 2022. The basis for this ruling is as follows. A. The City's Request For Judicial Notice. Winehaven's objection to the City's request for judicial notice is sustained. The hearing on a demurrer may not be turned int...

Excerpt: ...nville, California, on December 6, 2019. Petitioner Mustafa Ayubi, was driving for rideshare application Uber. Petitioner and his passengers, Chandima Fernando and Avanthi Bandarnaike, were injured in the accident. Other involved drivers include Antoinette Chavez‐Jesus (an Allstate insured) and Kathleen McElroy (a Nationwide insured). Petitioner and his passengers pursued bodily injury claims against Chavez‐Jesus, which resulted in a settleme...

Excerpt: ...a party is entitled to judgment as a matter of law. (Code Civ. Proc. § 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 1056, 1061; Burnett v. Chimney S...

Excerpt: ...aintiffs”). The MSA is opposed by the defendants/respondents, San Joaquin County Emergency Medical Services Agency and the County of San Joaquin (collectively, “Defendants”). The Court previously denied Plaintiffs' MSA in November 2021. In bringing the renewed MSA, Plaintiffs contend that City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010 (“Oxnard”), which was decided after this matter was submitted and finalized after the C...

Excerpt: ...is case involves the personal injury and eventual death of Ms. Loyola Meagher (hereinafter “Loyola”), who was an elderly woman who suffered a stroke in August 2017. On September 12, 2017, after a stay at John Muir Medical Center, she was placed in the care of defendant, Manor Care of Walnut Creek, LLC (“Manor Care”) for rehabilitation and skilled nursing services. (Separate Statement of Undisputed Material Facts, hereinafter “SSUMF,” ...

Excerpt: ...m breach of a home equity line of credit originally issued by National City Bank. Defendants answered, generally denying that any debt is owed and asserting various affirmative defenses, including that the complaint is barred by the statute of limitations and Piedmont violated the Fair Debt Buying Practices Act. Defendants also filed a cross‐complaint against Piedmont to redress its debt collection practices. The material facts are largely undi...

Excerpt: ...(2) negligent hiring, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 09/08/2022 supervision & retention, and (3) elder abuse – neglect. Defendants demurrer only to the third cause of action for elder abuse – neglect. Defendant's Demurrer is sustained. Plaintiff is granted leave to amend. Allegations in the Complaint Bay Medic is a medical transport service. Since 2022, Bay Medic has reduced its fiel...

Excerpt: ...ful death, (2) wrongful death based on negligent supervision, training discipline and retention, (3) Bane Act, and (4) negligent infliction of emotional distress. Negligent Hiring, Supervision, Training and Retention (C/A 2) and Bane Act (C/A 3) The Court previously found that Plaintiffs had not stated a claim as to negligent hiring, supervision, training and retention and as to the Bane Act claim. The Third Amended Complaint does not change the ...

Excerpt: ...misrepresentation, (3) intentional misrepresentation, (4) fraud, (5) negligence, (6) implied indemnity, (7) equitable indemnity, (8) comparative indemnity, (9) contribution, (10) declaratory relief, (11) violation of prompt payment act, (12) common counts—money paid, (13) quantum meruit, and (14) alter ego liability. Cross‐Defendant demurs to Cross‐Complainant's fifth, sixth, seventh, eighth, ninth, and tenth causes of action pursuant to Co...

Excerpt: ...nt violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods (all primarily based on off‐the‐clock work), and waiting time and wage statement claims. The settlement would create a gross settlement fund of $726,600. The class representative payment to the plaintiff would be $5,000. Counsel's attorney's fees would be $242,000 (one‐third of the settlement). Litigation costs a...

Excerpt: ...breaks, failure to pay minimum wages and overtime, and cascading derivative violations. The complaint was filed March 9, 2021, initially as a class action. PAGA claims were added by a First Amended Complaint May 20, 2021, and the Court approved dismissal of the class and individual claims on June 7, 2021. The total settlement payment is $170,000. This is composed of attorney's fees of $56,666.66 (one‐third of the recovery), a ceiling on litigat...

Excerpt: ...nt violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, off‐the‐clock work, non‐compliant meal and rest periods, unreimbursed business expenses, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $224,400. The class representative payment to the plaintiff would be $10,000. Counsel's attorney's fees would be $74,800 (one‐third of the settlement). Litigation co...

Excerpt: ...ciated with replacing an electrical pole that was struck by a vehicle driven by defendant Sofia Mirella Madruga on June 10, 2017. (Separate Statement of Undisputed Material Fact, hereinafter “SSUMF,” Fact Nos. 1, 5, and response.) PG&E filed this action on October 1, 2020, alleging three causes of action against defendant: (1) negligence, (2) negligence per se, and (3) trespass. PG&E claimed it was entitled to “compensatory damages accordin...

Excerpt: ... (1) Plaintiff was never employed by Shannon B. Jones Law, Inc.; (2) Based on after‐acquired evidence, Plaintiff cannot establish her constructive discharge claim; (3) Plaintiff cannot sustain her constructive discharge claim, independent of after‐acquired evidence; and (4) Plaintiff's intentional infliction of emotional distress claim is subject to the exclusivity remedy of the Workers' Compensation Act. Defendants Shannon B. Jones Law Group...

Excerpt: ...filed by October 15, 2022. Background On December 6, 2021, Defendants Jeremy D. Williams, Raymond Landry, and Synthia Jones‐Clark ("Cross‐Complainants") filed a cross‐complaint naming as cross‐defendants plaintiffs Vickey Pippins, Sandria Husband, Myrtle Jones, individually and on behalf of the Estate of Moses Jones, who is now deceased, and William Simpich, who is counsel for the Plaintiffs and other named CrossDefendants. On January 11,...

Excerpt: ... documents and witnesses. Defendant Karen Moroz objects to the motion to consolidate arguing that “Plaintiffs' 2019 Action is not pending before the Court.” (Objection at 1:28‐2:1.) Factual Background: Plaintiffs filed the instant case in December 2019. A First Amended Complaint (“FAC”) was filed on May 4, 2022. The FAC alleges five causes of action: (1) strict liability; (2) negligence; (3) intentional infliction of emotional distress;...

Excerpt: ...) nuisance. (The caption of the Complaint references a cause of action for private nuisance but there is no such cause of action in the body of the Complaint.) Defendant moves on the grounds that the HOA is entitled to make decisions SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 07 HEARING DATE: 09/02/2022 15 regarding landscaping under the Conditions, Covenants, and Restrictions (CC&R's) of the HOA, that the HOA's dec...

Excerpt: ...round Plaintiff Todd Alden Whitacre was a pump man aboard the tanker ship SLNC PAX for just under four months. (First Amended Complaint, also referred to herein as “FAC,” 2:19‐22.) Over two days, November 26‐27, 2018, plaintiff dried out the pumproom. The next day he called the medic and complained of irregular heartbeats. (FAC, 5:19‐23.) Plaintiff wrote an official ship statement after the cleaning operation, stating he "felt wobbily [...

Excerpt: ... First Cause of Action, and is otherwise overruled. Defendants shall file an answer to the Third Amended Complaint on or before September 22, 2022. The basis for this ruling is as follows. A. Plaintiffs' Evidentiary Objections. Plaintiffs' evidentiary objections, filed with plaintiffs' opposition memorandum on August 22, 2022, are overruled. The Court may take judicial notice of court filings and orders that are pertinent to defendants' res judic...

Excerpt: ...of 5 Mile Road, which is located in El Dorado County. The accident occurred when Defendants vehicle made a left turn across US‐50, in front of Plaintiff's vehicle, resulting in a collision. Emergency medical attention was performed on location and at a local hospital in El Dorado County, and one of the Plaintiff was airlifted to a hospital in Placer County. Both Defendants are residents of Contra Costa County. All five Plaintiffs are residents ...

Excerpt: ...evant, false or improper matter" or any portion of a pleading "not drawn . . . in conformity with the laws of this state." (Code Civ. Proc. § 436(a) and (b).) Like a demurrer, the grounds for a motion to strike must appear on the face of the pleading or be based on a matter subject to judicial notice under Evidence Code sections 450‐453. (Code Civ. Proc. § 437(a) and (b).) "A motion to strike, like a demurrer, challenges the legal sufficiency...

Excerpt: .... (Compl. ¶ 2.) She filed her complaint initiating this action on April 7, 2021, alleging a single cause of action under the Private Attorney General Act, Labor Code section 2699 et seq. ("PAGA") for violation of Labor Code section 2751(a). The complaint alleges that Broker violated Labor Code section 2751(a) by its failure to include or disclose its "lean in" policy affecting the employees' commissions. Defendant Broker filed its answer to the ...