Excerpt: ... farmers and members of PCFMA since 1997. Plaintiffs have participated in the PCFMA farmers market in Union City since that time by paying to occupy a selling area and selling their vegetables to the general public. The problems that underly the instant lawsuit began in 2017 when a new Market Manager started working at that location. At that time, the new Manager demanded that Plaintiffs move their vegetable display tables under their tents. Plai...

Excerpt: ... under the pseudonym "C.W.," was a student at Kensington Elementary School in West Contra Costa Unified School District ("District"). (SAC, "11-2.) Plaintiff alleges that from approximately 1971 to 1973, plaintiff suffered the sexual assault and abuse of his special education teacher, who was employed by the District. (SAC, 919.) The acts of sexual abuse and assault took place in the classroom and at a local riding and gun club. (SAC, 919.) Plain...

Excerpt: ...dants: (1) intentional interference with ex#cted inheritance; (2) financial elder abuse; (3) aiding and abetting financial elder abuse; and (4) imposition of constructive trust and accounting. Defendants demurrer to causes of action 1, 2, and 4. Meet and Confer Requirement Before filing a demurrer, the "demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer...." (Cal. ...

Excerpt: ...s granted. Legal Standard "In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration are not paid within 30 days after the due date, the drafting party is in material breach of the arbitr...

Excerpt: ...eement, the agreement by its own terms excludes the present dispute from its scope, because the law in existence at the time of contracting did not allow for arbitration agreements for individual PAGA claims. That law has since changed, but the contract itself excludes "claims that are not subject to arbitration under current law" — meaning the aw of 2019. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFF...

Excerpt: ...filed a Cross-complaint against Plaintiff and Payroll Masters. In March 2018, Jones Law sought leave to amend the Cross-complaint, which was granted. Thereafter, Jones Law's First Amended Crosscomplaint was filed, which added Cross-Defendant Sandra Vella-Andrade as a partyto the action. Ms. Vella-Andrade demurred to the FACC — as well as the subsequently filed Second Amended Crosscomplaint. This led to the filing of a Third Amended Cross-compla...

Excerpt: ... to 175 class members. 32 packets were returned by the post office. Follow up resulted in 15 new addresses, leaving 17 nondeliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/02/2023 28 A. Background and Settlement Terms Despite its clever name, Rodd & Gunn is not a sporting goods business but a retail s...

Excerpt: ... The moton is granted. Since preliminary approval was granted, the administrator has mailed notices to 407 class members. 31 packets were returned by the post office. Follow up resulted in 27 new addresses, leaving 4 nondeliverable. No objections have been received, and only one request for exclusion. A. Background and Settlement Terms Defendant is in the business of providing clinical outpatient intervention to autistic teens, and their SUPERIOR...

Excerpt: ... their attorney's fees, litigation costs, administration costs, and representative payments. The motion is granted. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. This case was first filed on February 23, 2021 as a class acti...

Excerpt: ...y November 27, 2023. This is a lawsuit between two former cohabitants, previously inwlved romantically and otherwise with each other; the female plaintiff is substantially younger than the male defendant. The male party has filed a cross-complaint against the female. This is her demurrer to his cross- complaint. Legal Standards for Ruling on Demurrer In ruling on the demurrer, the Court must accept as true all well-pleaded factual allegations of ...

Excerpt: ...TRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 11/02/2023 11 Medical care as to FAC in its entirety and all causes of action — sustained with leave to amend; (b) additionally and/or alternatively, general demurrers to FAC in its entirety and all causes of action by Tele Care and Medical Care based on failure to allege facts as to employer status in light of Exhibits A and B to FAC Exhibit 1— sustai...

Excerpt: ...confusion) alleges 26 causes of action against approximately 23 defendants in her 5AC. NAT is named as defendant "Doe 2." The targets of Plaintiffs claims include her former spouse Laurence Alamillo ("Larry"), the family company Alamillo Rebar, Inc. ("ARI") in which Janice and Larry jointly hold an approximate 53% interest through their family trust, other of the Alamillo family who are owners, officers and/or directors of ARI, another officer of...

Excerpt: ...djudication. The anti-SLAPP special moton to strike is denied. The motion for judgment on the pleadings is construed as a demurrer to the cross-complaint and, so construed, is granted with leave to amend. Defendants shall file and serve any amended crosscomplaint by November 13, 2023. I Background Plaintiff (also referred to as "Giuffrida"), a surgeon, previously worked for defendants, Vivek Bansal, MD, and Vivek Bansal MO, INC. (collectively "de...

Excerpt: ...ts forth a single cause of achon for negligence relating to an alleged physical altercation that took place between Defendant Peter Hilliard and Plaintiff on September 14, 2020. On March 18, 2022, moving Defendants propounded 17 requests for admission ("RFA") on Plaintiff. Plaintiff did not oppose the motion, and as a result the Court entered an order deeming the RFAs admitted on July 20, 2022. Thereafter, on September 6, 2022, moving Defendants ...

Excerpt: ...s initiated this achon by filing their Complaint on March 25, 2022. Plaintiffs entered into a lease agreement for residential property located at 317 Lester Avenue, #304 in Oakland, California. The Complaint alleges a number of tort and contract claims against defendants related to the lease and the condition of the property. Defendants filed their Answer on October 31, 2022. None of the Defendants filed a cross-complaint at SUPERIOR COURT OF CAL...

Excerpt: ...S 1291W, et seq.) — retaliation for engaging in protected activty; and (4) violation of FEHA (Government Code S 12940(j)) — quid pro quo sexual harassment). For the following reasons, the Motion is granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the Motion. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the el...

Excerpt: ...inehart on June 23, 2023 are ordered vacated. Defendants shall file their answer to the complaint by no later than November 15, 2023. Plaintiff's requests for attorneys' fees and/or imposition of a penalty under Code of Civil Procedure section 473(c) are denied. Background Plaintiff Concentric Development Group, Inc. filed a complaint against defendants Exact Construction and Developers, Inc. and Ricky Rhinehart for breach of contract and convers...

Excerpt: ...FORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/30/2023 Factual Allegations and Positions of the Parties The Court issued a tentative ruling on Defendants' Moton to Strike on August 14, 2023. That tentative ruling laid out in detail the factual allegations of the Complaint, as well as the positions of the various Parties in some detail. Please see that earlier tentative ruling for a ful...

Excerpt: ...ded Complaint. For the reasons set forth, the moton is denied. Background Plaintiffs Jeffrey R. Kenny and Lekhini Joshi-Kenny as Trustees of their living trust ("Plaintiffs" or the "Kennys" for convenience) purchased a home in Danville in 2021. (First Amended Complaint ("FAC") 1, 9.) They allege that after purchasing their home, they discovered their neighbors the Bancrofts had improvements in an area abutting the two properties that they assert ...

Excerpt: ...rth LLC. Defendants move on the grounds that the derivative claims (second through fifth causes of action) are barred because EBO has lost standing to sue on Taylor's after relinquishing its membership interest voluntarily, without wrongdoing by Defendants. Defendants also contend that the sixth cause of action for declaratory relief is barred EBO lost standing to seek declaratory relief under the Taylor operating agreement after relinquishing it...

Excerpt: ...s a portion of Defendants' property in San Ramon. It is alleged that when the two adjacent properties were built in approximately 1965, a significant portion of Plaintiffs' driveway was actually built on Defendants' property. As the Plaintiffs, and their predecessors in interest, have using that area since the 1960's, is alleged that a prescriptive easement exists in favor of the Plaintiffs. Plaintiffs initiated these proceedings by filing their ...

Excerpt: ... the Plaintiff regarding additional complaints she received from patents regarding Defendant. Plaintiff requests a protective order to restrict questioning of Ms. Ozuna regarding her employment with Defendant and her alleged bias against Defendant. "Except as otherwise provided by statute, all relevant evidence is admissible." Evidence Code 5351. "Relevant evidence' means evidence, including evidence relevant to the credibility of a witness or he...

Excerpt: ...nt. The motions are granted. Since preliminary approval was granted, the administrator has mailed notces to 152 class members. 5 packets were returned by the post office. Follow up resulted in 2 new addresses, leaving 3 nondeliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/26/2023 2 A. Background and S...

Excerpt: ...to 3rd, 4th, and 5th C/As — overruled. Background Plaintiff alleges she was employed by defendant Orinda Country Club from December 2017 until she was constructively discharged on April 18, 2022. (Compl. 2, 17.) Her complaint includes 17 causes of action, alleging violations of the Fair Employment and Housing Act, Labor Code section 12940 et seq. ("FEHA"), including various forms of discrimination, hostile work environment, and retaliation, wag...

Excerpt: ..., defendant USA Equestrian Trust, Inc. ("Trust") has filed a partial opposition and partial request for joinder as to USEF's demurrer. The Court rules on these motions as follows and further discussed below: Joinder by Trust in the USEF demurrer is allowed. Both demurrers (by USEF and USPC) are overruled. The motions to strike are denied. A. Background Plaintiff, as a young equestrian training toward her goals of becoming an "A-Rated Pony Clubber...

Excerpt: ... wherein plaintiff articulates such facts. Background Plaintiff alleges that, while he was a middle school student in approximately 1972, he was sexually assaulted and abused by special education teacher on multiple occasions during school hours. The abuse allegedly occurred notw-thstanding that the District was on notice about the teacher's propensity to commit the abuse. Plaintiff filed this action on November 30, 2022 against various Doe defen...

Excerpt: ...siness in Concord in June 2020. (SAC 97.) Dugas and Stevens each contributed $10,000 towards the formation of the LLC. Dugas received 49% of interest and Stevens received 51% of the interest. (SAC 99.) The parties rented a location for their gym for one year, starting in April 2022. (SAC 910.) Dugas alleges that Stevens paid himself much more than Dugas and that Stevens' payments to himself were unlawful. (SAC "10-18.) The parties had a falling o...

Excerpt: ...pe of the relevant arbitration agreement, and although AHMC is not a signatory to the relevant arbitration agreement, there are nonetheless two bases for the Court to compel this matter to arbitration. First, AHMC says, it may enforce the arbitration agreement as a third-party Second, according to AHMC, it may enforce the arbitration agreement under the doctrine of equitable estoppel. The Court considers each in turn. Relevant Factual and Procedu...

Excerpt: ...posed motions for summary judgment are granted. Legal Standard Code of Civil Procedure ("CCP") SS 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MS]. Section 437c(o)(1) provides, in relevant part: A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded. Section 437c(p)(2) provides, in relevant part: A defendant...

Excerpt: ...hat no triable issue of a material fact exists supporting her causes of action. County's motion for summary judgment or summary adjudication is granted in part and denied in part. Summary adjudication of the first, second, fourth, fifth, sixth and seventh causes of action is granted. Summary adjudication of the third cause of achon is denied. Summary judgment is denied. The reasons follow. l. Disputed and undisputed Facts Plaintiff Angela Spruill...

Excerpt: ...driver from April to December 2022, and according to PacPizza, he is still a PacPizza employee. (Higgins Decl. '1 2; Hough Suppl. Decl. 3.) Plaintiff filed a complaint alleging a single cause of achon under the California Private Attorneys General Act, Labor Code S 2699 et seq. ("PAGA") for multiple Labor Code violations he contends he and other aggrieved employees of PacPizza have sustained. PacPizza moves to compel arbitration of Plaintiff's cl...

Excerpt: ...the reason set forth, the motion for summary judgment and motion for summary adjudication of the sixth cause of action are denied. Background Plaintiff and cross- defendant De Petra is the owner of a commercial building located at 911 Moraga Road in Lafayette. Defendant and cross-complainant Persons Plastic Surgery, Inc. ("Persons") is a tenant who leased one of the offices for its plastic surgery center, unit 205 (the "Premises"), under a writte...

Excerpt: ...FFICER: CLARE MAIER HEARING DATE: 10/19/2023 December 1, 2023. The Court has extended the time it normally allows for filing a proposed cross-complaint to give the parties time to consider whether further settlement discussions or mediation would be helpful. No later than October 30, the attorneys are ordered to discuss whether additional mediation would be useful and if so, to begin mediation as soon as possible. Plaintiff and Defendants own pro...

Excerpt: ...motions are granted. Since preliminary approval was granted, the administrator has mailed notices to 7,126 class members. 625 packets were returned by the post office. Follow up resulted in 367 new addresses, leaving 270 non-deliverable. No objections have been received, and only one class member requested exclusion. A. Background and Settlement Terms Defendant and its affiliates, also sued as defendants here, are in the business of operating McD...

Excerpt: ...istrator's declaration) that when investigation turned up more class and workweeks than previously believed to exist, thereby potentially triggering an escalator clause in the settlement agreement, the response of the parties was to lop off the back end of the class period for which settlement payments will be made — and lop it off substantially tin, from the preliminary approval date (spring 2023) back to July 25, 2022. While the Court obvousl...

Excerpt: ...ses, leaving 4 nondeliverable. No objections out have been received, and only one class member has opted out. A. Background and Settlement Terms Defendant is the parent of Hand & Stone Massage and Facial Spa. Plaintiff was employed with defendant as a neuromuscular therapist in the spring of 2021, though only briefly. The original complaint was filed on October 26, 2021. A PAGA claim was added by amendment in January 2022. The settlement will cre...

Excerpt: ...e preliminary approval was granted, the administrator has mailed notices to 19,854 class members. 1,086 packets were returned by the post office. Follow up resulted in 605 new addresses, leaving 464 non-deliverable. No objections have been received, and only two class members have requested to opt out. A. Background and Settlement Terms Defendant operates a number of Taco Bell restaurants throughout the area. Plaintiffs were employed at various t...

Excerpt: ...ying the motion said that any future motion should address defendant's claim that the proposed causes of action are inappropriately based on privileged information that Plaintiff is precluded from using in this litigation. Plaintiff filed this renewed motion on August 25, 2023. Defendant Northgate filed an opposition on October 4, 2023 in which it argued, among other things, that: (1) Plaintiff omitted privileged Exhibits 15 and 31 from the propo...

Excerpt: ...The Court, having reconsidered its August 2, 2021 Order granting Ford's motion to compel arbitration, determines that Ford's motion for order compelling arbitration should be denied for the reasons set forth. The prior August 2, 2021 Order compelling arbitration is vacated. The Court sets a case management conference for 8:30 a.m. on December 28, 2023. Plaintiff shall give notice of the CMC. Background Plaintiff filed a complaint against Ford Mot...

Excerpt: ... defendant has failed to pay this amount under the parties' agreement. These facts are supported by the declaration of Raymond Cordova, and the supporting exhibits included with it. No opposition has been filed by defendant. Standard A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ...

Excerpt: ...23 For the following reasons, the Motion is granted. Standard Code of Civil Procedure ("CCP") SS 437c(c) provides, in relevant part: The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Secton 437c(p)(1) provides: A plaintiff or cross-complainant has met his or her burden of showing that there...

Excerpt: ...a multi-vehicle car accident in April 2021. Claimant is the insured under a motor vehicle policy with Respondent State Farm Insurance with uninsured motorist coverage. Claimant requested that State Farm arbitrate the uninsured motorist claim in a letter from his counsel dated March 23, 2023. (Chang Decl. Exh. 1.) State Farm thus far has not agreed to schedule an arbitration. Analysis A. Threshold Issue — Existence of An Arbitration Agreement Wh...

Excerpt: ...allows the Project's Land use Permit to remain in place and fails to enjoin Project operations pending the County's compliance with CEQA. "CECA, through the Public Resources Code, allows a trial court to leave project approvals in place. After a court finds a CEQA error, the court has three options: void a decision in whole or part; suspend certain project activities; or take other specified actions. (Pub. Resources Code, S 21168.9, subd. CEQA do...

Excerpt: ...f shall file any amended pleading by October 23, 2023, or shall file and serve notice of Plaintiffs election not to amend by that date. Background The background of the case, causes of action, and relevant factual allegations of the first amended complaint ("FAC") are set forth in the concurrent ruling on the defendants' demurrer to the FAC. Legal Standards Applicable to Motion to Strike Punitive Damages The Court may strike allegations that are ...

Excerpt: ...urt may dismiss the complaint as to that defendant when: Except where Secton 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal." CCP section 597 applies to trials of defenses and is not applicable to this action. The Court sustained Defendant's Demurrer to Plaintiffs' First Amended Complaint with leave to amend ...

Excerpt: ...stments v. Decher Young, QI-0258. ("C21 case") In the C21 case, Decher Young was the defendant and the attorney for Mr. Young, Mr. Levin, represents Mr. Young in both cases. The attorneys for Steven Pinza was the same counsel in the C21 case. Neither party asked this court to take Judicial Notice of the C21 case, but as the C21 case is relevant to the motion to recover costs of service and service by publication, the Court does so on its own moti...

Excerpt: ...OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 10/12/2023 the MS] is granted. Factual and Procedural Background Defendant opened an American Express Platinum Card account on September 17, 2016 ending in 1004. UMF 1. The terms and conditions for use of the Account are governed by a Cardmember Agreement. UMF 2. American Express sent Defendant a copy of this Agreement along with the physical...

Excerpt: ...nt moves for summary judgment on the grounds that Plaintiff failed to comply with the Government Claims Act. For the followng reasons, the Motion is denied. Judicial Notice Defendant's request for judicial notice is granted. (Evid. Code SS 452, 453.) Legal standard SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 36 JUDICIAL OFFICER: CLARE MAIER HEARING DATE: 10/12/2023 code of Civil Procedure ("CCP") SS 437c(o)(1) and 43...

Excerpt: ...he same statutes for their requests for sanctions, the Court will address both Motions together. For the reasons set forth below, the Motions are granted as outlined below. Procedural Background Plaintiff filed the initial Complaint in this matter on September 18, 2018. The operative Second Amended Complaint was filed on June 13, 2019. Defendants filed their motion for summary judgment or, in the alternative, summary adjudication ("MSJ") on June ...

Excerpt: ...COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: DANIELLE K DOUGLAS HEARING DATE: 10/09/2023 by filing its complaint on April 19, 2021. on November 2, 2022, Defendant Krishan Kalra, Ph.D ("Defendant" or "Dr. Kalra") filed a crosscomplaint. The Cross- Complaint alleged ten causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing ("GFFD"); (3) breach of implied warranty; (4) professional n...