Excerpt: ...In the motion to set aside the dismissal, Plaintiffs sought leave to file their motion for reconsideration and cited Code of Civil Procedure sections 473.5 and 1008 in their notice of motion. Plaintiffs noted that they had attempted to file their motion for reconsideration on May 13, 2022 but were apparently prevented from doing so since the judgment in this case was filed earlier that same day. Plaintiffs did not cite a statutory basis in their ...

Excerpt: ... plaintiff Daniel Ragaglia (“plaintiff”) alleges negligence and gross negligence based on his allegations that defendant's vehicle struck him while he was riding on his motorcycle on Highway 24 on April 22, 2019, causing significant injuries. Defendant moves the Court for an order to bifurcate this matter so that the issue of liability is tried separately from, and prior to, damages. Discussion Code of Civil Procedure § 598 permits a court t...

Excerpt: ...pose them each individually the following month. The notice stated that the depositions would take place via videoconference. Three business days before the first deposition, Defendants informed Plaintiffs that the depositions would take place in person. Plaintiffs refuse to appear in person and stated their preference for remote depositions due to COVID‐19 concerns. Plaintiffs “feel their health may be severely compromised due to possible CO...

Excerpt: ...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, con‐ compliant meal and rest periods, unreimbursed business expenses, failure to maintain payroll records, waiting time, and wage statement claims. On November 13, 2020, the complaint was amended to add PAGA claims. On December 29, 2020, Montes filed a similar complaint, also in this...

Excerpt: ...and 2699. Defendant moves for judgment on the pleadings pursuant to Code of Civil Procedure (“CCP”) § 438 on the grounds that Labor Code § 2699.6(a) applies to exempt Defendant (a construction industry employer) from PAGA liability where there is a valid collective bargaining agreement (“CBA”) that explicitly waives PAGA. For the following reasons, the MJOP is denied. Evidentiary Objections As a threshold issue, the Court notes that a m...

Excerpt: ...ocedure sections 877 and 877.6. The Chatterjees are directed to prepare a proposed order on the motion consistent with this tentative ruling. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 HEARING DATE: 06/30/2022 Background This action arises out of a February 7, 2017 landslide that Plaintiffs Paul Vittimberga and Lisa Zobrist allege destroyed their home in Orinda located at 62 Van Tassel Lane. (Cowperthwaite Decl. ...

Excerpt: ...egal malpractice/professional negligence, (2) breach of fiduciary duty, and (3) breach of contract. Defendants demur on the grounds that “[t]he pleading does not state facts sufficient to constitute a cause of action.” (CCP § 430.10, subd. (e).) Defendants argue that the insufficiency of the Complaint is established by CCP section 340.6(a) which sets a statute of limitations for “action against an attorney for a wrongful act or omission . ...

Excerpt: ...are SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 06/30/2022 5 tenants who operated a UPS Store in the Pinole Center. On July 27, 2020, ROIC sued them for breach of their lease ("Pinole Lease") based on nonpayment of rent. With leave of Court, Cross‐Complainants filed their original cross‐complaint on August 13, 2021. They alleged that ROIC violated a radius restriction in the Pinole Lease by ROIC ...

Excerpt: ...pplication is denied, without prejudice. Background Diane and Ronnie Mimran (collectively, “Plaintiffs”) purchased the home at 1531 Avenida Street, Nuevo Diablo, CA in 2009 from DF Harr. (FAC p. 6:8.) DF Harr had renovated the home before the sale to Plaintiffs. (FAC p. 6:4.) Plaintiffs and DF Harr signed a “California Association of Realtor's California Residential Purchase Agreement and Joint Escrow Instructions” (“Agreement”) in Ju...

Excerpt: ...Good Faith Settlement (the “Application”) filed in this Court by Defendants/Cross Defendants Vince E. Culpepper and Anthony M. Stranger (the “Culpepper Defendants”) seeking judicial approval of a proposed settlement with Ramon Martinez Vazquez, Pablo Torres Montiel, and Juan Carlos Mendoza Montoya (“Plaintiffs”) and a release of the Jones Defendants' crossclaims. The Application is opposed by the Jones Defendants on the grounds that t...

Excerpt: ...§ 1281.4.) To be specific, plaintiff shall arbitrate all claims stated in the Third Cause of action for whistleblower retaliation under Labor Code section 1102.5. Plaintiff shall also arbitrate the claim that he was wrongfully terminated for whistleblower activities in violation of the public policy expressed in Labor Code section 1102.5, as stated in the Forth Cause of Action for wrongful termination. The Court stays all claims stated in the Fi...

Excerpt: ...een the time Defendant opened the account and when Plaintiff filed this complaint. Defendant never objected to the truth or accuracy of the billing statements. Defendant did not remit payment for $23,284.51 on the account. The facts presented in support of the motion indicate Defendant has failed to pay this amount under the parties' agreement. These facts are supported by the declaration of Mehdi Touhidi, Custodian of Records for American Expres...

Excerpt: ...laint, Prayer for Relief ¶ C: “pre‐ and”; AND • Complaint, Prayer for Relief ¶ D: entire paragraph. Plaintiff shall file her amended Complaint by July 5, 2022. Background Before the Court is a motion to strike portions of the Complaint (“Motion”) and a notice of demurrer (“Demurrer”) filed by Defendant Insight Global, LLC (“Defendant” or “Insight Global”). The Motion is pursuant to Code of Civil Procedure (“CCP”) § ...

Excerpt: ...‐ninth affirmative defenses for failure to plead sufficient facts, but otherwise overruled. The motion to strike is denied, as discussed below. Defendant has leave to amend. Any amended answer shall be filed and served on or before July 5, 2022. I. Background Plaintiffs filed this action on July 6, 2021 against their niece, defendant Domonique Trotter, based on their allegations that defendant improperly influenced her grandmother (plaintiffs' ...

Excerpt: ...e (“OSC”) Hearing, (2) failure to prosecute, and (3) failure to file a responsive declaration to the Court's OSC Hearing. The motion is opposed by Defendant Food Source (“Defendant” or “Food Source”) who asserts that Plaintiff is not entitled to mandatory nor discretionary relief under CCP § 473, subdivision (b). The Motion to Set Aside Dismissal is granted pursuant to the mandatory relief provisions of CCP § 473, subdivision (b). D...

Excerpt: ...as filed April 1, 2021, raising claims under PAGA and 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, non‐compliant meal and rest periods, unreimbursed business expenses, failure to provide reporting time, failure to maintain payroll records, waiting time, and wage statement claims. The settlement would create a gross settlement ...

Excerpt: ...fing. Ms. Conroy is now a plaintiff in the case, by virtue of an amended complaint approved by stipulation and order, entered by the Court on June 7, 2022. (Plaintiffs still must file the amended complaint as directed by the order.) Ms. Conroy filed a different PAGA action in Orange County Superior Court, which would be dismissed pursuant to the agreement. A. Background and Settlement Terms The original complaint was filed on March 13, 2019, rais...

Excerpt: ...other tenant families that either reside or resided in the apartment building located at 1760 Diane Court in Concord, brought this landlordtenant habitability case. A dispute has arisen regarding the one‐sided attorney's fees provisions in the Mold Notification Addendum and the Bedbug Addendum to the leases. Plaintiffs filed the First Amended Complaint on August 12, 2021, adding the Sixth Cause of Action for Declaratory Relief. Plaintiffs seek ...

Excerpt: ...83.210, subd. (a).) The three‐year deadline is applicable to DOE defendants: A plaintiff must serve “a defendant within three years after the action is commenced against the defendant.” (§ 583.210, subd. (a).) “[A]n action is commenced at the time the complaint is filed.” (Ibid.) Dismissal is mandatory where a plaintiff fails to serve a defendant within the statutory time limits. (§ 583.250, subd. (b).) The three‐year rule applies w...

Excerpt: ...he Property requiring extensive repairs, leading to a law suit against the structural engineer and contractor. A dispute then arose between the Parties, resulting in the current matter. During the course of the litigation, the Parties obtained a settlement regarding the structural repairs, made numerous repairs, and obtained an Appraisal ($1,190,000) and a Broker's Opinion ($850,000 ‐ $950,000) addressing the fair market value of the Property. ...

Excerpt: ...n begins September 6, 2019. Background to the Issue Plaintiff Taj Lockett was employed as a loan officer by Broker from April 20, 2020, to on or about December 9, 2020. (Compl. ¶ 2.) On March 1, 2021, she gave notice to the Labor and Workforce Development Agency ("LWDA") of her claim that Broker violated Labor Code section 2751(a) by its failure to include or disclose its "lean in" policy affecting the employees' commissions (the "LWDA Notice")....

Excerpt: ...plaint for (1) breach of contract; (2) breach of the implied warranty of merchantability; (3) breach of the implied covenant of good faith and fair dealing; (4) negligence; (5) breach of express warranty; (6) strict liability; (7) negligent misrepresentation; (8) unfair business practices (Bus. & Prof. Code 17200 et seq.); (9) rescission; and (10) restitution. The Complaint arises out of alleged construction defects with the property 1087 Leland ...

Excerpt: ...ithout leave to amend as to the Second, Third, Fifth, Sixth, and Seventh Causes of Action. The motion is granted with leave to amend as to the First Cause of Action. The motion is denied as to the Fourth Cause of Action. Plaintiff shall file any further amended complaint on or before July 1, 2022. The basis for this ruling is as follows. All Causes of Action. In any amended complaint, plaintiff shall comply with rule 2.112 of the California Rules...

Excerpt: ...rrer shall be filed and served on or before June 29, 2022. Background Plaintiff Kyle Oura alleges he holds a financial stake and management interest in Defendants A & A Health Services, LLC and other defendant entities. Mr. Oura and Defendant Betty Dominici jointly formed a holding company called DOB Holdings. Mr. Oura served as Chief Financial Officer and manager of A&A until November 2020, when he voluntarily removed himself. Thereafter, Defend...

Excerpt: ... remain on calendar for now. A case management conference is scheduled for August 25, 2022 where, if Plaintiff has amended the complaint, the trial date will be vacated. If Plaintiff files a second amended complaint, Defendants must be given time to challenge the amended pleading and to file a motion for summary adjudication as to the seventh cause of action on issues not previously raised in the prior motions. The Court's understanding of the is...