Excerpt: ...on's Demurrer, however, based on a failure to meet and confer, and that motion is before the Court. As discussed below, the demurrers by DoorDash and Khawaja are sustained and their motions to strike are granted in part. Plaintiff's motion to strike is denied. I. Background The complaint provides that early in the morning on February 1, 2021, plaintiff's vehicle was destroyed by defendants Tara Khawaja and Mark Lewis Hinton (collectively, “indi...

Excerpt: ... ("JR") and Sutter Health ("Sutter") as a security guard on November 5, 2021 in anticipation of a workers strike event. (Compl. ¶ 20.) Specific allegations related to her employment relevant to the demurrer are addressed below. Plaintiff's Complaint alleges 14 causes of action, including 10 causes of action for violation of various Labor Code provisions, breach of contract, wrongful termination in violation of public policy, violation of the Unf...

Excerpt: ...ollectively, "Broker Defendants"), generally demur to causes of action 1‐6, 8‐9, and 11‐14. The demurrers are overruled, as discussed below. Answers shall be filed and served by June 27, 2022. Background Previous attorney‐in‐fact for William Brickner, defendant Carol Concilio, took title to real property in her own name during the course of an escrow, violating the terms of her power of attorney. Plaintiff Deena Burke, current attorney ...

Excerpt: ...rd is moot. The basis for this ruling is as follows. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 09 HEARING DATE: 06/13/2022 2 A. The Proposed Judgment. The Court wishes to note a threshold procedural matter. Plaintiffs have submitted a proposed “Judgment Re: Appraisal Award.” The proposed judgment is procedurally improper for two reasons. First, the appraisal award expressly provides as follows: The Panel has ma...

Excerpt: ... their proposed answer to the Complaint with a copy provided to counsel for Plaintiffs prior to or at the hearing. Background Plaintiffs allege they entered into a contract with defendant Litor Remodeling, Inc. ("Litor") to remodel their home. Defendant Asher Pilo is the President of Litor. Plaintiffs contend Litor and Pilo's remodeling work was defective and defendants misrepresented their qualifications and prior customer reviews of their work....

Excerpt: ...unless is has filed in court and trial has begun or final judgment has been entered.” (Sweeney Decl., Exhibit 1, p. 10 (Claims Resolution ‐ Initiating Arbitration)(emphasis supplied). Initially it should be noted that this language reflects that arbitration not be immediately elected by either party. Additionally, the intended election of arbitration by defendant occurs well before the limitations set forth in the agreement. Finally, the agre...

Excerpt: ...numerous billings to defendant. The defendant never objected to the truth or accuracy of the billing statements. Also, defendant did not remit payment for $16,175.34 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 plaintiff's counsel, and the supporting exhibits included with it. No opposition has been filed ...

Excerpt: ...iction” doctrine “applies where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body; in such a case the judicial process is suspended pending referral of such issues to the administrative body for its review.” (Farmers Ins. Exchange v. Superior Court (1...

Excerpt: ...ichmond. Plaintiffs challenge Defendant Chevron's practice of scheduling refinery Operators for mandatory “standby” shifts and failing to pay the required reporting time pay. Standby shifts require Operators to be available for work at the refinery just like regular shifts, but were not compensated unless called in to work the shift. Motion Pursuant to Code of Civil Procedure §§ 473, 576, Plaintiffs seek leave to file a Second Amended Compl...

Excerpt: ...eless, the parties have debated the cost issue. Cain filed her motion for costs prematurely, i.e., before judgment (and even before the final Statement of Decision). The Court of Appeal has held, however, that premature filing of a cost memorandum is not fatal to the memorandum, absent prejudice to the opposing party. (Lowry v. Port San Luis Harbor Dist. (2020) 56 Cal.App.5th 211, 221‐222. See also Laurel Hills Homeowners Assn. v. City Council ...

Excerpt: ...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 fund of $567,875. The class representative payment to the plaintiff would be $10,000. Counsel's attorney's fees would be $189,291.67 (onethird of the settlem...

Excerpt: ...are not supported by the record. These representations are in pertinent part as follows: • Letter to clerk. Plaintiff claims to have sent a letter to the court clerk, but provides three different dates for the letter: March 13, March 31, and May 3, 2022. The single letter attached to the motion, which is not authenticated, is dated May 3. Because the May 3 letter would have been an ex parte communication if received, the Court would have discar...

Excerpt: ...ndant's Petition is granted. Factual Background: Plaintiff Jarvis Jerry Youngblood (“Plaintiff”) worked for LRIM as a delivery driver from March 2021 to May 2021. Plaintiff only picked up and delivered packages within the State of California. Part of his work included delivering packages for Amazon. During the hiring process, Plaintiff electronically accepted and executed a separate arbitration agreement entitled “Mutual Agreement to Indivi...

Excerpt: ...beginning in January 2018 as an ADA Accommodation Specialist. While she was still on probation, her employment was terminated on April 5, 2018. (Def. Sep. Stmt. of Undisputed Material Facts ("DUMF") Nos. 1, 5, 30, 31, 33.) Plaintiff asserts claims against JMH for retaliation in violation of Government Code section 12940, et. seq. ("FEHA") (3rd C/A), for failing to prevent harassment, discrimination and retaliation in violation of FEHA (4th C/A), ...

Excerpt: ...p Trail in the Las Trampas Regional Wilderness. (Undisputed Material Fact (“UMF”) 1.) The East Bay Regional Park District (“EBRPD”) owns Las Trampas Regional Wilderness (the “Park”). (UMF 2.) While walking back to her car, Plaintiff saw a cow blocking part of the trail leading to her car. (Hewitt Decl. ¶18.) The cow was a Black Angus, with tag #610, owned by Defendants Ned Wood and Wood Livestock, LLC. (UMF 1.) She proceeded to make ...

Excerpt: ...ss‐complainants have provided evidence to show a dispute of material fact as to whether “Najjar communicated an express will to withdraw from any partnership with Goldstein SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 21 HEARING DATE: 06/08/2022 no later than November 16, 2017.” (See First Amended Cross‐Complaint, ¶54.) Background Plaintiff, George Najjar, claims he is entitled to profits of defendant, New U ...

Excerpt: ... disclose that the public used an easement on the property. On August 14, 2019, the Court granted Defendant Tulloch's motion to compel arbitration of Plaintiffs' claims. The claims against the other defendants were ordered stayed pending resolution of the arbitration. The parties went to arbitration. The Arbitrator issued an interim award on April 26, 2021, awarding Plaintiffs $1,587,334 in damages. The Arbitrator held a hearing on Plaintiffs' re...

Excerpt: ...helle Barker and Stuart Barker bring this special motion to strike the First Cause of Action for Breach of Contract in the Willlsons' Cross‐Complaint. Procedural Issue The Willsons claimed to have filed their original Cross‐Complaint on February 8, 2022. Pleading is filed‐stamped “February 9, 2022.” The Barkers filed their antiSLAPP Motion (to the original Cross‐Complaint) on March 2, 2022. The Willsons claim, coincidentally, that the...

Excerpt: ...lity of a disputed fact is measured by the pleadings [citations], which ‘set the boundaries of the issues to be resolved at summary judgment.' [Citations.]” (Conroy v. Regents of University of California (2009) 45 Cal.4th 1244, 1250.) A plaintiff will meet its burden on summary judgment by showing that it possesses evidence to meet all the elements of its common count claims. Plaintiff's first amended complaint includes three separate causes ...

Excerpt: ...ated at 59A Saddle Road (Parcel B) in Walnut Creek. Defendants James Willson and Monique Willson are the owners of real property located at 59 Saddle Road (Parcel A). The Barker Property and Wilson Property share a driveway and property line at the Willson Property's southern border. Plaintiffs allege Defendants trespassed on their property on two occasions. Plaintiffs further allege Defendants fraudulently induced them into signing an Easement M...

Excerpt: ... management conference set for 8:30 a.m. will be held after oral argument on the writ claims. I. Background Petitioners and Plaintiffs Discovery Builders, Inc. and WCHB Development, LCC (“Petitioners”) filed this petition and complaint against the City of Brentwood and the City Council of the City of Brentwood (“Respondents”). Petitioners' claims against the individually named city council members were dismissed on July 20, 2021. Petition...

Excerpt: ...'s exposure and treatment. (Geise decl. ex. B.) “In determining whether to grant a motion based on forum non conveniens, a court must first determine whether the alternate forum is a ‘suitable' place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California. …[Citation.]” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) “On...

Excerpt: ...CCP”) §§1286.8 and 1286.6. For the following reasons, Defendants' Petition is granted. Plaintiffs' request to correct the award is denied. Analysis Timing Petition to Confirm the Arbitration Award The underlying arbitration award was issued and served on the parties on August 5, 2019. (Saberi Decl. Ex. B.) “A petition to confirm an arbitration award shall be served and filed not later than four years after the date of service of a signed co...

Excerpt: ...n is denied. The basis for this ruling is as follows. A. Summary of Ruling. Plaintiff's sole opposition argument is that the arbitration agreement is unconscionable. The Court finds that there is a modest degree of procedural unconscionability, and that one term, the discovery provision, demonstrates a high degree of substantive unconscionability. The Court further finds that the discovery provision is not severable. Accordingly, the arbitration ...

Excerpt: ...h XI, however, stipulations for orders must be submitted to the Complex Litigation Department Electronic Mailbox in accordance with the specific provisions of the order. As a result, the stipulation has not been reviewed or acted on, and will not be until it is properly submitted.) 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 or...