Excerpt: ...s. Specific allegations include, but are not limited to, alleging that defendant had a policy of failing to pay commission employees separately for rest periods. PAGA notice was provided to the LWDA on August 1, 2019. The parties informal discovery in preparation for mediation, and eventually reached a resolution with the assistance of an experienced mediator. A gross settlement amount of $449,250, non‐reversionary, will be paid to the Settleme...

Excerpt: ...estoppel, (3) breach of implied covenant of good faith and fair dealings, (4) conversion, and (5) fraudulent misrepresentation. Defendant demurs to each cause of action for the failure to state a claim and uncertainty. Breach of Contract (C/A 1) Plaintiff alleges that she and the Defendant entered into an oral agreement in July 2017 where the parties agreed to “jointly own and operate a restaurant” in Concord called “Quickly Concord (QC)”...

Excerpt: ...ackground This case arises out of a fall that occurred on May 31, 2016 at an apartment complex at 121 Roble Road in Walnut Creek as plaintiff was descending an exterior stairway. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 21 HEARING DATE: 11/04/20 ‐ 4 ‐ Plaintiff's complaint alleges causes of action for negligence and premises liability. In the negligence cause of action, plaintiff alleges that as a result of defendant's man...

Excerpt: ...alleges she was the Human Resources Director for the City of Richmond, a position from which she was terminated on May 5, 2020. (FAC ¶¶ 13, 35) She filed the complaint initiating this action against the City for discrimination and other claims on May 13, 2020. The City filed a demurrer to the second, third, and fourth causes of action of Stephenson's original complaint. The Court sustained the City's demurrers to the second and fourth causes of...

Excerpt: ...nknown person, who shoved him from behind. As plaintiff turned toward the assailant, the latter pulled a hammer out of a small bag and struck plaintiff on the left side of the face beneath the eye. The incident was not recorded because there were no surveillance cameras at the Home Depot in the area where it occurred. There was inadequate lighting and no guards to monitor the area. Defendants negligently managed, controlled and/or operated the Pr...

Excerpt: ...and mailed to the Defendant by Plaintiff's counsel on October 9, 2019. Defendant had already filed a Bill of costs on September 20, 2019 and Plaintiff opposed that request on December 27, 2019. In a ruling entered on the record on February 10, 2020 this court, having determined that the Defendant' Bill of Costs was too vague, directed Defendant's counsel to file a more specific, detailed Bill of Costs by February 24, 2020. That deadline came and ...

Excerpt: ... subrogation claim relating to an automobile accident with claimed damages of $12,761. Defense counsel for both defendants filed their answer to the complaint on December 17, 2019. It appears that on August 7, 2020 the Plaintiff filed its Motion to Deem Requests for Admissions Admitted based upon its allegation that the Requests for Admissions had been served but no response had been received within the required 35 day period (CCP §2033.250 – ...

Excerpt: ...30/20 ‐ 20 ‐ Plaintiff Ramil Safin alleges he was misclassified as an exempt employee. He began working for Defendant Ravig, Inc. in or around January 3, 2017 as a Systems Engineer. Plaintiff alleges that he spent most of his time performing tasks related to the wiring of customers' systems, and that he did not exercise independent discretion in performing his duties. Plaintiff alleged made written complaints on March 6, 9, and 10, of 2020 re...

Excerpt: ...7c(t) and the Stipulation that the parties filed on June 4, 2020, because she concedes the amount of damages is still currently disputed. (See Department of Industrial Relations v. UI Video Stores, Inc. (1997) 55 Cal.App.4th 1084, 1097.) These cross‐motions were essentially invited by the court of appeal, and counsel have cooperated in bringing this dispute before the Court for ruling. Defendants (Sequoia, its Managing Member NSH Management of ...

Excerpt: ...tiff sues Mejia for defamation and false light based on statements allegedly made by Mejia. Plaintiff alleges that Mejia falsely published verbal and written statements that customers, employees and supervisors complained about plaintiff's poor performance and that plaintiff was terminated for poor performance. (Comp. ¶64.) Plaintiff alleges that defendants published these statements to their own employees and to third parties. (Comp. ¶65.) The...

Excerpt: ...at 401 Laurel Avenue in Pinole, Assessor's Parcel Number 40‐094‐017‐1. Since 2016‐ 2017 tax year, the tax bill has been in the name of M. Michael Partow, TRE [presumably for “Trustee”]. Plaintiff received a letter, dated June 30, 2019, from the Contra Costa County Officer of Assessor, assessing the value of the property for tax purposes at $2,936,479.00. Plaintiff alleges the valuation is highly inflated. Plaintiff appealed the proper...

Excerpt: ... Court to take judicial notice of pleadings and judicial admissions, without identifying what those pleadings and judicial admissions are. Perhaps stating the obvious, the Court cannot grant judicial notice of unidentified pleadings or CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/29/20 ‐ 16 ‐ purported judicial admissions. NNA additionally requests judicial notice of a database maintained by the NTSB, but w...

Excerpt: ...ff's counsel for approval as to form. The judgment shall include a dismissal of defendant Quality Loan Service Corporation, which has never been served with process. 1st C/A. The First Cause of Action is captioned “Lack of Title and Standing under Civ. Code § 2924(a)(6).” The Court sustains defendants' demurrer to this cause of action on each of the following, fully independent grounds:  Plaintiff fails to cite legal authority supporting ...

Excerpt: ... (3) violation of California Unfair Competition law; (4) breach of contract; (5) negligent misrepresentation; and (6) breach of fiduciary duty. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 10/29/20 ‐ 11 ‐ Defendant demurs to all but Plaintiff's first cause of action pursuant to Code of Civil Procedure § 430.10(a),(e), and (f). For the following reasons, the Demurrer is sustained, without leave to amend. Analy...

Excerpt: ...3) violation of Civil Code § 2923.6(d); (4) violation of Civil Code § 2923.7(b)(1); (5) negligence; and (6) violation of Bus. & Prof. Code § 17200 et seq. Before the Court is Defendant's Motion for Summary Judgment (“MSJ”). For the following reasons, Defendant's MSJ is granted. Request for Judicial Notice Defendant's unopposed request for judicial notice is granted. Evid. Code §§ 452, 453. Legal Standard Code of Civil Procedure (“CCP�...

Excerpt: ...rly found the project categorically exempt from preparation of an Environmental Impact Report under the California Environmental Quality Act (CEQA). Second, Petitioners claim that the City improperly applied the state housing statute and local ordinance allowing “density bonuses” for projects that provide units for low‐income people. The project sits on three lots totaling 3.2 acres at the corner of High Street and Marsh Creek Road. The ini...

Excerpt: ...tayed as against those two defendants. Plaintiff has not persuasively argued that any set of rules other than the consumer arbitration rules of the American Arbitration Association might apply. Accordingly, the arbitration shall proceed in accordance with those rules. If for any reason the AAA declines to accept the arbitration, the selection of a different arbitration forum shall proceed in accordance with section 1281.6 of the Code of Civil Pro...

Excerpt: ...nse to the action or proceeding. (Code Civ. Proc., § 437c (a)(1).) “The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed […].” (Ibid.) A motion for summary judgment must be denied where the moving party's evidence does not prove all material facts, even in the absence of any opposition. (Leyva v. Sup. Ct. (1985) 164 Cal.App.3...

Excerpt: ...ORNIA DEPARTMENT: 23 HEARING DATE: 10/26/20 ‐ 2 ‐ appears to be limited to a contention that this court should order defendant to modify their responses to interrogatories by deleting the terms “Independent Medical Examination” or “IME” from their interrogatory responses and be required to refer to such a medical examination by use of some terminology with less potential to prejudice the Plaintiff. This court notes that many reported ...

Excerpt: ...pp.4th 349, 362, fn. 8.) The court has decided to consider the reply evidence, and will provide that opportunity. However, even with the changes, a signed copy of the contract between DLSC and Oval has not been provided, and a satisfactory foundation for proof of the contract through secondary evidence has not been laid. (See Evid. C. § 1521, 1523.) The court cannot rule on the claim for contractual indemnity without proof of the actual contract...

Excerpt: ... included a description of the proposed amendments to the complaint. The Court's ruling is based off this description. There is “a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations]…” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) However, leave to amend can be denied where there is “ ‘inexcusable delay and probable prejudice to the oppo...

Excerpt: ...t be provided to the Court for in camera review; and (2) plaintiff's counsel file a supplemental declaration addressing certain issues identified by the Court. Counsel provided the required information, and the Court granted the motion on December 12, 2019. Background: The original complaint was filed August 25, 2017. The operative Second Amended complaint, includes seven causes of action: failure to pay minimum wages, failure to pay for all hour...

Excerpt: ...at Smart & Final's approximately 250 California stores were denied appropriate seating while performing their duties. The total settlement payment is $500,000. This is composed of $284,584 in PAGA penalties (of which 75% will be paid to the LWDA, and the aggrieved employees will receive 25%), $166,666 in attorney's fees, $34,000 in costs, (the agreement says $32,000) and $14,750 in settlement administration costs. The employee share of the PAGA p...

Excerpt: ...paragraph opposition. Defendant demurs pursuant to Code of Civ. Proc. § 430.10(a), (c), (e) and (f) on several grounds, including that the Complaint is barred by the doctrine of res judicata. For the following reasons, the Demurrer is sustained, without leave to amend. Request for Judicial Notice Defendant requests judicial notice of several documents from the Contra Costa County Recorder Office. This Request is unopposed. Defendant's request fo...

Excerpt: ...hevrolet Silverado 1500 from defendant General Motors, LLC, on or about April 30, 2017 for personal, family, and/or household purposes. (Complaint, ¶¶4‐5.) With the purchase, plaintiff received various warranties from defendant. (Complaint, ¶7.) On multiple occasions, plaintiff has had to bring the vehicle in for service related to issues such as transmission harsh gear shifting, check engine light, and startup issues. (Complaint, ¶¶9‐10...