Excerpt: ...ms The original complaint was filed October 4, 2019. It is a class action complaint alleging that defendant violated the Labor Code by underpaying overtime to traveling healthcare staff, by excluding per diem benefits and non‐discretionary bonuses from the determination of the rate of pay. The First Amended Complaint, filed February 25, 2021, added allegations under PAGA. The settlement would create a gross settlement fund of $250,000. The clas...

Excerpt: ...d 10th causes of action, inclusive, are sustained, with leave to amend. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/14/21 ‐ 11 ‐ Factual Background Plaintiff alleges that she is a former employee of Golden State Defendants. (FAC ¶¶ 24, 25.) She alleges she was employed by Defendant in California from "approximately April 2019 to approximately November 2019." She alleges a class action as well as individu...

Excerpt: ...iv. Code § 2923.5; (2) violation of Civ. Code § 2924(a)(1); (3) violation of Civ. Code § 3273.15; (4) negligence; (5) wrongful foreclosure; (6) interpleader pursuant to Code Civ. Proc. § 386, Civ. Code §§ 2924j and 2924k; (7) unfair business practices (violation of Bus. & Prof. Code § 17200 et seq.); and (8) cancellation of written instruments (Civ. Code § 3412). Defendant demurs to Plaintiff's causes of action pursuant to Code of Civil P...

Excerpt: ...st added this claim to her case through a motion for leave to file a Second Amended Complaint. In the ruling granting that motion, the court observed that this new count appeared to state a cause of action. The court did this because failure to state a cause of action was a ground that defendants claimed justified denying leave to amend. Plaintiff only filed the Third Amended Complaint because defendants demurred to the Second Amended Complaint a...

Excerpt: ...s and attorneys' fees, but otherwise denied. Plaintiff may file an amended complaint on or before October 25, 2021. I. Background Sometime during the night of January 31, 2021 or the early morning of February 1, 2021, while plaintiff and his wife were sleeping in their home, Individual Defendants crashed into plaintiff's vehicle, which was legally parked on the street, causing substantial damage. While defendant Khawaja owned the vehicle, she had...

Excerpt: ...r Kyle Oura holds a financial stake and management interest in Respondents Companies. After attempted buyouts by Respondent Dominici and several requests for infusion of cash from Petitioner, Petitioner requested to the see the books and records of Respondent Companies. The request was made pursuant to Corporations Code § 17704.10, which provides in part: (b) Each member, manager, and transferee has the right, upon reasonable request, for purpos...

Excerpt: ...e conditional, giving defendant three days to pay $50,450.00 in back rent or quit possession; the other unconditional, requiring defendant to quit regardless of whether current in paying rent, because defendant allegedly breached provisions of the lease requiring it not to maintain a nuisance or commit waste. Defendant argues that basing the action on two separate notices served the same day is improper because the two notices are confusing and c...

Excerpt: ... Amended Complaint (“SAC”) for (1) conversion; (2) fraudulent deceit; (3) breach of contract; (4) fraud / intentional misrepresentation; (5) breach of fiduciary duty; (6) negligence; and (7) intentional infliction of emotional distress. Plaintiff is in pro per. Defendant demurs to all of Plaintiff's causes of action pursuant to Code of Civil Procedure (“CCP”) § 430.10 as follows: (1) conversion: all three Liberty Mutual entities demur to...

Excerpt: ...mmercial premises in Antioch and for unpaid rent under its lease with Empire. On October 3, 2019, defendant Shareen Naz Adair filed a voluntary petition under Chapter 7 of the Bankruptcy Code, asserting that she was doing business under the fictitious business name iCandy Ventures and that the lease was an asset of her Chapter 7 bankruptcy estate. (RJN Exh. 1.) In its FAC, Empire alleges that Empire and Ms. Adair entered into a written lease for ...

Excerpt: ...tion, without leave to amend, and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 10 ‐ otherwise overruled. Defendants shall file and serve their answers on or before October 18, 2021. Background Plaintiff claims defendants, who operate jointly (Complaint, ¶¶8‐14), induced her to enter into a contract to purchase a cryptocurrency “mining rig” for the purposes of mining Ethereum, and for necessa...

Excerpt: ... of it. Plaintiff alleges that her husband, decedent Luciano Susino, was exposed to asbestos between 1978 and 1980 on ships owned by defendant Texaco and that in December 2017 he was diagnosed with mesothelioma, from which he died on March 5, 2018. (See Opp., p. 8, fn. 3.) Plaintiff filed suit nearly three years later, on March 3, 2021. The Jones Act states, “Except as otherwise provided by law, a civil action for damages for personal injury or...

Excerpt: ..., 2022, at 8:30 a.m. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 13 ‐ Respondents demur to cause of action one. Cause of action one for a writ of mandate is based on two alleged errors: (1) failure to provide a fair and impartial hearing due to bias of two city councilmembers and (2) failure to make findings that are supported by the evidence (i.e. failure to comply with Topanga Ass'n for a Scenic ...

Excerpt: ...Terms CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 3 ‐ The original complaint was filed July 9, 2019. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide meal and rest periods, unpaid “off the clock” work, failure to pay minimum wage, overtime pay, and premium pay, and failure to provide wages when due. In addition it alleges that defendant violate...

Excerpt: ...efendant Copello shall file its answer to the Complaint by October 14, 2021. The Court in its discretion declines Plaintiff's request for attorneys' fees and costs. Factual Background Plaintiff Commercial Lighting Industries, Inc. ("CLI") filed suit against Copello and two other defendants arising out of goods, services, and labor furnished in connection with a real property improvement project for St. Paul's Commons Residential located in Walnut...

Excerpt: ...tion. They all involve relevant issues, such as timekeeping and payroll, complaints, job titles and descriptions, reimbursement policies, surveys, documents sent to covered employees, declarations obtained by defendant. Plaintiff argues that defendant has been relying on arbitration agreements all along, and now objects to producing them, and that defendant has made numerous boiler plate objections on trade secret grounds. Since the motion was fi...

Excerpt: ...parties agree that there is no per se rule barring the corporate attorneys from communicating with the employees. (Howard Gunty Profit Sharing Plan v. Superior Court (2001) 88 Cal.App.4th 572, 578.) That is not the end of the matter, however. A trial court has both the duty and authority to exercise control over communications between the parties and potential class members to prevent unfairness. (Barriga v. 99 Cents Only Stores LLC (2020) 51 Cal...

Excerpt: ...earing on the motion is continued to 9:00 a.m. on October 21, 2021 for supplemental briefing on the issues set forth below. Factual Background The matter before the Court involves three civil actions that have been consolidated for purposes of discovery and pre‐trial proceedings, including David Estopinal v. East Bay Municipal Utility District, et al., and related cross‐actions, Case No. MSC20‐01593 ("Estopinal Action") and Carl Bennett and...

Excerpt: ... the party's interest in the litigation.” (Code Civ. Proc., § 36(a), (f).) Isaak attests that he falls within the terms of the statute, being 84 years old and in failing health. On its face, section 36 admits no exceptions. It has been strictly construed in ordinary civil cases to require preference even where a variety of circumstances indicate that trial within 120 days is not appropriate. (Swaithes v. Superior Court (1989) 212 Cal.App.3d 10...

Excerpt: ...udication are denied, and Kaur's motion for summary judgment and alternative motion for summary adjudication are denied. Background This action arises out of a sale by Kaur of the real property located at 1631 Surrey Court in Walnut Creek (the "Property"). WFG provided an owner's policy of title insurance to Noel and Beatrice Concepcion ("Buyers") in connection with the sale. After the sale closed, the Buyers made a claim against WFG on the owner...

Excerpt: ...plaintiff fell while exiting the San Pablo Library on August 15, 2018. (SAC, ¶ 10, 11.) The San Pablo Library is part of the county library system and is operated by the County. (¶ 8.) Plaintiff presented a claim to the San Pablo Library, care of the County, within six months of the date of her injury, on February 8, 2019. (¶ 19.) On June 7, 2019, the County sent a letter to the City demanding defense and indemnification for plaintiff's claim,...

Excerpt: ...9 HEARING DATE: 09/30/21 ‐ 12 ‐ The demurrer filed by defendants East Bay Coyotes, Inc., Jason Wolenik, and Michael Topf (collectively, “EBC Defendants”), is overruled. The demurrer filed by defendants Dos Coyotes Development Company, LLC, Dos Coyotes Sunrise, Inc., Robert H. Davidson, Trumax, LLC, Colmax, LLC, Coltam, Inc., Dos Coyotes Concord, Inc., Coyote Sunshine, LLC and Coyote R15, Inc. (collectively, “DCDC Defendants”), is sust...

Excerpt: ...n, now deceased, and Valerie Mann, presumed to be his spouse though not stated, lived in a condominium unit next door to Michael Luecker's unit. (FAC ¶¶ 1, 5, and pp. 8‐9].) Plaintiff alleges that a water pipe supplying Mr. Luecker's shower inside a wall adjacent to the Manns' unit leaked and caused damage to the Manns' unit, including allegedly mold damage. (FAC ¶¶ 1, 2, 5, pp. 8‐9, 11‐12.) Robert J. Mann passed away before this action...

Excerpt: ...ng any portion of the areas of the property in dispute in this litigation, namely the 28' wide strip of land between 20 Alwin Road and Homestead Avenue, and the entirely of the property located at 1000 Homestead Avenue. 2. Trespassing upon any portion of the property commonly known as1000 Homestead Avenue in Walnut Creek, California. This injunction does not prohibit Greg Hart and Kristin Hart from constructing or repairing a fence along their pr...

Excerpt: ...parate treatment of Plaintiff on account of her age and perceived disability. Cavallo showed clear favoritism to another younger employee with same job classification, which ostracized Plaintiff. Plaintiff went out on medical leave on February 18, 2019 and did not return to work for Honda. Motion Defendant Honda Finance Corp. brings this motion for summary adjudication of issues on the ground the claims fail as matter of law. Summary Judgment/Adj...

Excerpt: ...n count causes of action fail. Legal Standard Applicable to Summary Judgment Homeowners contend that this action has no merit because, they say, Contractor cannot establish that he suffered any damages as a result of Homeowners' alleged breach of contract. Section 437c(p)(2) of the Code of Civil Procedure supplies the applicable standard here. It says: A defendant or cross‐defendant has met his or her burden of showing that a cause of action ha...