Excerpt: ...rtment offic ers responded to a report that a vehicle had driven into a ditch. (Administrative Record (“AR”) 9.) On arrival, Officer Culberson observed petitioner's Acura SUV wedged between a fence and the street. (Ibid.) Upon making contact with petitioner, Officer Cu lberson observed objective signs of intoxication, including the odor of an alcoholic beverage, and petitioner's slurred words, and unsteady balance. (AR 9.) Petitioner expresse...

Excerpt: ...Brentwoo d and the City Council for (1) violations of CEQA, (2) violations of the general plan, (3) due process pursuant to 42 U.S.C. § 1983, (4) injunctive relief, and (5) declaratory relief. The real party in interest is Costco Wholesale Corporation. In general, the petition raises issue of CEQA compliance as to a project that Costco proposes to develop in Brentwood. Respondents and Real Party bring this motion to dismiss Discovery Builders, a...

Excerpt: ...ailing party. In stead, they expressly provided that such fees and costs could be sought by a noticed motion. This is that motion. Plaintiff's motion for attorney's fees and costs is granted, but only to a limited extent. Plaintiff is awarded attorney's fees in the amount of $10,687.50, and costs in the amount of $508.61. Background, Litigation, and Settlement Plaintiff alleged that he bought a new 2017 Chevy Silverado. Without going into (now) i...

Excerpt: ...eaches different results as to the several demurrers filed. The demurrers by California Burrito #1, Inc. through California Burrito #12, Inc. are sustained without leave to amend, but without prejudice to plaintiffs filing the required motion for leave. The motions to strike by these defendants are denied as moot. The demurrers as to California Burrito #13, Inc., California Burrito #14, Inc., and California Burrito #15, Inc. are sustained with ...

Excerpt: ...lusive foru m for litigation between them. For the following reasons, the motion is denied. Legal Standard In accordance with California Code of Civil Procedure § 418.10(a)(2), a defendant may serve and file a notice of motion “to stay or dismiss [an] action on the gr ound of inconvenient forum.” Upon such a motion, if in the interest of substantial justice, a court finds that an action should be heard in a forum outside California, the co...

Excerpt: ... requested a statement of decision under Code of Civil Procedure § 1291: “A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment … is made that is appealable under this title [Title 9, Arbitration].” A denial of a motion to compel arbitration is appealable under Code of Civil Procedure § 1294(a). Arguably the request does not comply with the requirement of § 632 that it “...

Excerpt: ...g – and it di d not review or rely upon the original Points and Authorities. Defendant's request for judicial notice is denied because the Court does not need judicial notice for documents in this docket file. Factual Background This matter concerns injuries allegedly sustained by Plaintiff Juana Thomas as a result of the “new” fare gates installed at the Richmond BART station in 2019. BART Fare Gates In 2018, the District began investigat...

Excerpt: ...its websit e it is apparently in the business of constructing foundations for swimming pools and similar features. Plaintiff Quiroz worked for defendant as a laborer from 1989 to 2020. Plaintiff Basurto worked as a lead from 2009 to 2022. The original complaint was fi led by plaintiff Quiroz as a PAGA and class -action case on March 14, 2022. It was amended later to include claims for piece rate employees. (The majority of defendants' non - exem...

Excerpt: ...e LWDA. E. Background and Settlement Terms Defendant operates major hospital and other medical facilities throughout the County. Plaintiffs were SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/02/2024 employed as non- exempt hourly employees of defendant, though their job duties are not specified. Lundsgaard worked at John Muir from 2021 to 2021; Randolph from 2016 t...

Excerpt: ...emurrer is otherwise overruled. The Dis trict shall file and serve its answer by May 9, 2024. In addition, as discussed below, the matter is set for June 5, 2024 at 8:30 a.m. (the next CMC date) for an order to show cause why the complaint should not be dismissed for the inappropriate attempted representation of a trust by a non-attorney. Background and Allegations Plaintiff is one of the trustees of the Jordan Family Trust, which owns real prop...

Excerpt: ...laintiff als o moves for approval of his 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 violations of the Lab or Code. The allegations have been revised by amendments, but as framed in the second amended complaint they center principally on untimely payment of wages. This case was first �...

Excerpt: ... granted, the administrator has mailed notices to 120 class members. No packets were returned by the post office, and there are thus no nondeliverable notices. One additional person came forward and, after inquiry, was determined to be a class member as well. No o bjections or requests to opt out have been received. The motions are granted. E. Background and Settlement Terms Defendant is in the home warranty business. Plaintiff worked there as a ...

Excerpt: ... locations . Plaintiff is a former nonexempt employee of defendants, though her job description and employment dates are not provided. The original complaint was filed on March 3, 2021. Several amendments were made, one of which (in September 2022) added PAGA claims. The settlement would create a gross settlement fund of $625,000. The class representative payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICI...

Excerpt: ... notify th e Court and opposing counsel by 4:00 p.m. on the date of this posting, April 24. In short, the Court now rules: • Although there is a question about the report being read by Judge Campins, there is no broader prohibition on the Court generally (a differen t Judge) seeing and reviewing the report. • The District Attorney's office, however, may not see the report, at least not at this point. • The Court can and should review the re...

Excerpt: ...l of th e party's intention to contest, specifying the issues to be contested. As stated in last week's tentative ruling, however, even if there is no contest, counsel are to appear (Zoom okay) to discuss scheduling and the future course of this case. The Court va cated last Friday's scheduled Issue Conference/Mandatory Settlement Conference in light of its not having decided this motion yet. Moreover, the Court predicted last week that the prese...

Excerpt: ...parties have made , given that there have been both multiple “settlement agreements” entered into since the original one, and multiple recitations to the Court of unresolved issues requiring further negotiation and agreement. The motion before the Court purports to say that the settlement to be enforced is the one that was “agreed to at the Mediation conducted in this matter on October 15, 1998 in front of Mediator Hon. Mark Eaton”. That ...

Excerpt: ...ote") secured by a deed of trust on Plaintiffs' single - family residence located at 1452 Club View Drive in El Cerrito. (First Amended Complaint (with errata) ("FAC") ¶¶ 1, 4, 12 -15; P. Pan Decl. Exh. C [deed of trust].) Defendants Peter Pan and Jenny Pan (the "Pans" fo r convenience) are the lenders under the Note. On March 22, 2022, the Pans issued a Notice Pursuant to California Civil Code § 2966 ("Section 2966...

Excerpt: ...or concer ts and similar events. Plaintiffs state that they were employed in non -exempt positions, though their job descriptions and employment dates are not provided. Plaintiff King filed her original complaint as a PAGA case on March 7,2023. She filed a parallel c lass action on May 15, 2023. The class action was amended in December to combine the two cases and to add plaintiff Hill. The settlement would create a gross settlement fund of $80...

Excerpt: ...E: 04/11/ 2024 23 A. Background and Settlement Terms Defendant is in the business of providing extended vehicle service programs and ancillary finance and insurance products. This class -action case arises from its alleged former practice of recording consumer pho ne calls, made on cellular or wireless phones, without proper consent or notification. Plaintiff made two such calls in October and November 2022. The original complaint was filed on...

Excerpt: ..., administr ation costs, and representative payment. The motion is granted. A. Background of the Case and Terms of Settlement The total settlement payment is $275,000. Out of this is to come attorney's fees of $91,667 (one -third of the recovery); $22,305 in litigation costs, and $3,950 in costs to the settlement Administrator. The This a PAGA case (not a class action), alleging a variety of violations of the Labor Code concerning failure to prov...

Excerpt: ...May 10 in which to file and serve a second amended complaint, if they choose to. In the event that they elect not to amend, defendants Puri and Compass are given to June 7 in which to answer the surviving contract count of the complaint. (If there is no amendment there will remain no claim pending against defendant Mehringer. There will also remain no live claim being asserted by plaintiff Kandola.) The Court further observes that although it is...

Excerpt: ...e defenses. For the following reasons, Plaintiff's Demurrer to Defendants First, Second, Ninth, Tenth, Twelfth, Thirteenth, and Fourteenth Affirmative Defense is overruled, and Plaintiff's Demurrer to Defendant's Third, Fourth, Fifth, Sixth, Seventh, Eighth, Eleventh and Fifteenth Affirmative Defense is sustained, with leave to amend as to all but the fifteenth affirmative defense. Legal Standard Code of Civil Procedure § 430.20(a) provides for...

Excerpt: ...e, but in which Judge Devine granted defendant's motion to designate plaintiff as a vexatious litigant. The present suit is not technically barred by that prefiling- screening order due to the overlapping timing; this suit was filed while the vexatious -litigant moti on was pending, but before it was granted. Nevertheless, this suit appears clearly to constitute a continuation of the same abusive litigation misconduct that caused Judge Devine t...

Excerpt: ...nd amended cros s-complaint by April 19, 2024. This is a lawsuit between two former cohabitants, previously involved romantically and otherwise with each other; the female plaintiff is substantially younger than the male defendant. The male party has filed a first amende d cross-complaint against the female. This is her demurrer to his FAXC. The Court had previously sustained a demurrer to the original cross -complaint. The grounds for that rul...

Excerpt: ...remaining counts. Plaintiff alleges that she was rear -ended in a traffic accident by defendant Renee Thomas. Ms. Thomas said she was calling the Brentwood police, but the officer who actually showed up was a CHP officer who falsely identified himself as Officer Spe ars. Plaintiff alleges that in fact “Officer Spears” was Officer Donnie Thomas, Renee Thomas's husband. Officer Thomas engaged in various investigative steps such as taking plain...

Excerpt: ...tions. F or that reason the Court does not view this as cause for recusal. Plaintiff Nicole Paris moves for preliminary approval of her class action and PAGA settlement with defendant Allergy & Asthma Medical Group of the Bay Area, Inc.. The motion is granted. A. Background and Settlement Terms Defendant is a medical group treating patients in the specialty of allergies. Plaintiff was employed as a non -exempt employee, though her dates of employ...

Excerpt: ...eged breach of confidential data. The proposed settlement terms involve an array of offered curative steps rather than the more typical cash payments. And, refreshingly, the items usually to be deducted from the gross settlement amount (such as attorney's fees, administrative costs, and representative payments) are being funded directly by the defendant outside of the settlement fund. A. Background , Subject Matter, and Course of Proceedings Cli...

Excerpt: ...age in viol ation of Labor Code § 1194(a), and the fourth cause of action for failure to provide timely paystubs in violation of Labor Code § 226(e). Plaintiff's MSA is granted as to the fourth cause of action. As to the first cause of action, the motion is continued to April 11, 2024 at 9:00 a.m. for consideration of a supplemental and corrective submission by plaintiff as to the damages calculations. Request for Judicial Notice In support of...

Excerpt: ...oyed ther e as nurses – two of them from 2016 to 2020, though the third plaintiff's dates are not provided. The original complaint was filed on October 1, 2021 as a class action. Plaintiff Hudson separately filed a PAGA action on the previous day. The parties stipul ated to consolidate the actions. The settlement would create a gross settlement fund of $3,000,000. The class representative payments to the plaintiffs would be $10,000 each. Atto...

Excerpt: ... 15, 2023 as a class action. PAGA claims were added by amendment on June 2. The settlement would create a gross settlement fund of $220,000. The class representative payment to the plaintiff would be $7,000. Attorney's fees would be $73,333 (one -third of the settlement). Litigation costs would not exceed $15,000. The settlement administrator's costs are estimated at $8,000. PAGA penalties would be $30,000, resulting in a payment of $22,500 to th...

Excerpt: ... resolved in t heir favor, it was the operative catalyst in securing the relief petitioners sought, namely the termination of the Tree Removal Agreement (TRA) between Pacific Gas and Electric Company (PG&E) and the City of Lafayette. Although petitioners' present motion does not limit itself to seeking an award against only PG&E (rather than the City), only PG&E has filed an opposition. The Court would have welcomed the City's input on the issu...

Excerpt: ...mended complaint (FAC), namely count 3 (covenant of quiet enjoyment), count 4 (intentional infliction of emotional distress), and count 6 (covenant of good faith and fair dealing). The demurrer is sustained without leave to amend. FPI is given 21 days in which to a nswer the remaining causes of action against it. If plaintiff contests this tentative ruling to seek leave to amend, he should attend the hearing prepared to discuss in detail what am...

Excerpt: ...violation of the California family rights act; (7) failure to provide meal & rest periods; (8) failure to provide overtime wages; (9) unfair business practices; (10) retaliation and wrongful termination in violation of public policy; and (11) intentional infliction of emotional distress. Defendant demurs to Plaintiff's causes of action for (1) disability harassment and (11) intentional infliction of emotional distress pursuant to Code of Civil ...

Excerpt: ...y, Western Surety Company for (1) breach of contract, (2) intentional misrepresentation, (3) false promise, (4) negligent misrepresentation, (5) accounting and refund, and (6) enforcement of contractor's license bond. Defendants Red Door, Zhobin Safdari, and Cynthia Safdari move to compel arbitration of Plaintiffs' claims and stay the action pending arbitration. Plaintiffs oppose the motion. For the following reasons, the motion is granted. Reque...

Excerpt: ... motion, though without separate argument or exposition. Plaintiff's opposition raises no points or arguments that would apply only to Amazon, nor does it make any arguments (aside from the filing date) as to why a ruling in EVLO's favor should not also apply to Am azon. Accordingly, the motion is granted for Amazon as well. Factual Background EVLO was a delivery service based in San Jose that began doing business on or about August 17, 2018, an...

Excerpt: ...reekside") al leges it is the owner of an apartment complex in El Cerrito known as Creekside Walk Apartments (the "Project"). (Def. Sep. Stmt. ("SS") of Undisputed Material Facts ("UMFs") No. 2.) Creekside has filed two lawsuits concerning alleged construction defects a t the Project, one against the general contractor (which the parties and the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT...

Excerpt: ...rom a Go ogle search it appears that it operates a restaurant in Brentwood. Plaintiff alleges that she worked at defendant in a non- exempt hourly job, though her job duties and dates of employment are not identified. The original complaint was filed on May 15, 2023 as a class action. There are no PAGA claims and the case is being settled on a class action basis. The settlement would create a gross settlement fund of $172,500. The class represe...

Excerpt: ...iff worke d for defendant as a customer service representative between April and November 2019. The original complaint was filed on March 26, 2021 as a class action. It was amended to add a PAGA claim, and further amended again. The settlement would create a gross settlement fund of $910,000. The class representative payment to the plaintiff would be $7,500. Attorney's fees would be $303,333 (one -third of the settlement). Litigation costs would...

Excerpt: ...ney's fe es, litigation costs, administration costs, and representative payment. The motion is granted with a modification. 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 c oncerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations ...

Excerpt: ...d file an amend ed cross-complaint. If they decline to do so, Cross -Defendants' time to answer the surviving counts will run from then. Judicial Notice Cross- Defendants request Judicial Notice of a Lease and Lease Amendment between Cross -Defendant 1403 Locust Street LLC a nd Cross-Complainants Taleb and Abughaban. The lease agreements are not attached to the cross -complaint but they are directly referred to in it, and are the basis for two o...

Excerpt: ...ns alleging various v iolations of the Labor Code. This case, No. C23 -02498, is filed as a class action. The other, No. C23 - 03184, is filed as a PAGA -only case, but asserts essentially the same set of violations of the law. Although the cases would call for different treatment if AAA's motion to compel arbitration were to be granted, the cases raise essentially the same issues. Defendant's motion is denied. A court must order arbitration if...

Excerpt: ..., however: T he Court believes that the analysis provided below should assist the parties in resolving most if not all of the open points of debate, and should provide a road map for how the sides can go about getting to a bottom -line result as to fees. Accordingly, the parties are SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/29/2024 39 directed to engage in subst...

Excerpt: ...igence, int entional misrepresentation, and negligent misrepresentation. Defendants Shapell Industries and Toll Brothers move to compel arbitration of Plaintiff's claims and stay the action pending arbitration. Plaintiff opposes the motion. For the following reasons, the motion is granted. Request for Judicial Notice Defendants' unopposed request for judicial notice is granted. (Evid. Code §§ 452, 453.) Analysis Legal Standard on Motions to Com...

Excerpt: ...levant time s” as an hourly-paid or nonSUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/29/2024 22 exempt employee. While Defendant is a Utah limited liability company, Plaintiff worked for Defendant in California. In May 2022, Defendant required all new employees to agree to the terms of a 25 -page document containing various policies and agreements titled the “Ap...

Excerpt: ...nt City's certification of the P lan Orinda Final Environmental Impact Report/Responses to Comments on the Draft EIR ("FEIR") in connection with the approval of zoning modifications and general plan amendments (the "Project" or "Plan Orinda") approved on January 31, 2023. (Administrative Record ("AR") 1-116.) OSEE contends the City failed to comply with the California Environmental Quality Act, Public Resources C...

Excerpt: ... governing these employment relationships at the time of the asserted claims. Plaintiff thereafter filed a claim in arbitration with the American Arbitration Association (AAA). Defendant has refused to participate in that arbitration proceeding, to respond to the arbitra tion claim, or to pay AAAA's fees. Hence, plaintiff has filed the present motion to vacate the Court's prior order compelling arbitration, asking instead that this case proceed...

Excerpt: ...s member s. None of the packets was returned as undeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms The pleadings do not identify what business defendant is in, but from its website it is apparently in the business of locating buried utility lines for construction. The complaint alleges that plaintiff was employed at defendant during the relevant period, though it does ...

Excerpt: ...P ruling tha t denied defendant's anti -SLAPP motion in part. Any renewal or amendment of the motion will be deemed timely by relation back to this motion. This case arises from a dispute between plaintiff SMP Construction and defendant Donna Holsten. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/22/2024 22 Holsten hired SMP to do some foundation work on her home. A...

Excerpt: ...ey do not do so, Mitchell is given a further 28 days after that in which to answer the remaining counts of the cross -complaint. Background and the Pleadings This case arises from the buyout of plaintiff Mitchell's majority ownership in SPC, a painting contracting busine ss. SPC was founded by Mitchell and run by him until 2019. It encountered a number of business difficulties, including incurring substantial losses; being subject to an audit con...

Excerpt: ...h, the demurrer by Budde and Ross to the first and second causes of action is sustained without leave to amend. If plaintiff contests the tentative to seek leave to amend, he should come to the hearing prepared to discuss in detail what he has in mind and how it will be sufficient. Budde does not demur to the third cause of action for negligence, which is asserted only against Ross. To the extent that Ross's cursory filing can be taken as demur...