Excerpt: ...COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/19/2023 2 The Court notes at the outset that the moving papers have no proofs of service attached, and there is nothing else in the Court's file establishing that this motion was properly served on plaintiffs' counsel. However, the pendency of this motion was expressly discussed at the December 27 CMC, and counsel were to meet and confer concerning it. Moreover, ...

Excerpt: ...ent Terms The original complaint was filed on June 1, 2021. It remains the operative complaint. The alleged violations are of a technical nature. Defendant is not alleged to have underpaid or undercompensated any employees. Rather, the allegation is that the pay statements issued to the employees failed to identify the dates of the relevant pay period. Further, in discovery it was ascertained that in fact this was true only of each employee's ini...

Excerpt: ...on was SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/19/2023 14 denied in whole or in part may make a new application for the same order if supported by an affidavit detailing when and to what judge it was made; what was sought; what orders or decisions were made; and what new or different facts, law or circumstances would support a different outcome. (§ 1008, subd...

Excerpt: ...nd Cross‐Complainant Agra Tech designates the Civil Court in Rotterdam, the Netherlands, as the exclusive forum for litigation between them. For the following reasons, the motion is granted. Background This is a complex construction‐defect case concerning a greenhouse complex for growing marijuana.1 Plaintiff Natura is the owner the complex, and the customer of the various builder or supplier defendants in the case. One of those defendants is...

Excerpt: ... The case is filed as a purported class action and PAGA complaint. Child Action is an unrelated entity that provides referral and other services for families seeking child care or child care subsidies. It is uncontested that plaintiff applied to Child Action for public benefits. The factual situation is less clear as to whether plaintiff was or is also actually employed at Child Action; plaintiff's papers say she is, and defendant's papers seem t...

Excerpt: ...ingle motion combining issues as to both interrogatories and SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/12/2023 7 RFPs, asserting without elaboration that Govt. Code § 70617(a)(4) mandates separate motions for different forms of discovery. How on earth does that statute say that? Defendant objects that the motion papers were served by email to counsel, rather th...

Excerpt: ...ause, according to them, plaintiff in his recent deposition refused to answer a large number of questions without justification, instead asserting frivolous objections and refusals to answer. The details of this contention are not yet provided, given that the deposition transcript is not yet available. The two examples given in the present motion, however, certainly appear to bear out the contention. Defendants want time to prepare and litigate a...

Excerpt: ...ship role as a Member Experience Generalist. In 2011 Keene signed an arbitration agreement, which was a condition to her continued employment. The agreement was “[t]o ensure the rapid and economical resolution of disputes that might arise in connection with the employment of [Keene].” The agreement stated that questions of arbitrability and “procedural questions which grow out of the dispute and bear on the final disposition” would be “...

Excerpt: ...r summary adjudication is granted as to plaintiff's causes of action 1 (negligence), 3 (respondeat superior), 4 (negligent hiring and supervision), 5 (negligence per se), and 10 (negligent infliction of emotional distress). The motion for summary adjudication is denied as to plaintiff's cause of action 11 (UCL). Bigelow's motion for summary judgment on all cross‐complaints against it is also granted. Factual Background Plaintiff Nefertari S. is...

Excerpt: ... floor of defendants' business, Vice Ultra Lounge. Plaintiff was a patron at the business operating at 1251‐A Arroyo Way in Walnut Creek. Plaintiff sustained injuries. On December 30, 2014, Plaintiff filed a complaint against defendants Matthew DeLima and Matthew DeLima dba Vice Ultra Lounge. On April 13, 2015, plaintiff filed a second amendment to the complaint, naming Defendant Jesse Sandhu as Doe 2. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALI...

Excerpt: ...that motion. After hearing extended argument at live hearing, however, the Court reversed itself and granted the ECHS defendants' motion for summary judgment against McMahon's defamation claim. The present motion seems to rest principally on the premise that the Court granted defendants' motion only because McMahon conceded that she would turn over to ECHS the contents of a particular safe, which McMahon now seeks to characterize as a voluntary c...

Excerpt: ...4) restitution based on unjust enrichment due to fraud or mistake. Defendant demurs pursuant to Code of Civil Procedure § 430.10(e) and (f) on the grounds that Plaintiff has failed to allege facts sufficient to state causes of action for its claims and the pleading as a whole is uncertain. The demurrer is overruled. Defendant must file and serve her answer by December 18. Standard “The function of a demurrer is to test the sufficiency of the c...

Excerpt: ...(Voidable Transfers), and that only as to Josh Senn. It is sustained as to all other causes of action pleaded against Josh, and as to all causes of action pleaded against Catania or Zach Senn. Plaintiff may file and serve a second amended complaint by January 8, 2021. If it elects not to do so, Josh's time to answer cause of action 32 will run from that date, and Catania and Zach Senn should prepare separate judgments. The Court also recalls that...

Excerpt: ...ff's third cause of action against the County for dangerous condition of public property. In the Court's ruling sustaining the County's demurrer to the third amended complaint (TAC), the Court made the following determinations material to the Court's evaluation of the 4AC and the County's current demurrer. The Court refers below the allegations of the current 4AC which contain similar material allegations and will address the new and additional a...

Excerpt: ...ould prepare a separate judgment. Preliminary Matters.  CCP 430.41. The Court commends the parties on their successful meet‐and‐confer discussion, which resulted in the dismissal of former cross‐defendant Roebbelen Contracting, Inc.  Roebbelen's RJN. Roebbelen's request for judicial notice is superfluous as to Exhibit 1, but the Court appreciates the convenience of having a copy of the First Amended Complaint presented with the openin...

Excerpt: ...ommenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurring, or moving to strike and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPA...

Excerpt: ...lternative, but it makes no effort to address any individual causes of action apart from all the other ones.) Bigelow's motion for summary adjudication is granted as to plaintiff's causes of action 1 (negligence), 3 (respondeat superior), 4 (negligent hiring and supervision), 5 (negligence per se), and 10 (negligent infliction of emotional distress). It is denied as to plaintiff's cause of action 11 (UCL). Accordingly, the motion for summary judg...

Excerpt: ...ed by Manor Care Health Services – Walnut Creek and other defendants which have been dismissed without prejudice, other than the fictitiously named defendants Does 1‐100. The caption shown on Plaintiff's Opposition to this Motion is erroneous and should be corrected on future filings (it shows the caption as "Diane Vega vs. HCR ManorCare Inc.; HCR ManorCare Services, Inc.; Heartland Employment Services, LLC; ManorCare of Walnut Creek, CA, LLC...

Excerpt: ...nswer the surviving portions of the complaint will run from then. Background Plaintiff Pamela Marquez alleges that she purchased a new 2018 Nissan Pathfinder from an unidentified “Seller” (presumably a dealership) on or about January 13, 2019 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 ha...

Excerpt: ... is granted. DCSC should present a separate judgment. Background Winston Cervantes is a homeowner in the community of Diablo who filed a cross‐complaint to address property referred to for convenience as the Cut‐Through, a path crossing certain private property in Diablo that is used by bicyclists and others to cross from Alameda Diablo to Mt. Diablo Scenic Blvd. Cervantes subsequently filed a verified First Amended Cross‐Complaint (FACC) n...

Excerpt: ...ction was filed by Robert Tiernan and a number of other Diablo homeowners against the Diablo Community Services District (DCSD) and other property owners whose properties are located on Calle Arroyo, a street in the Diablo community. The main action has been resolved by an Amended Judgment entered September 24, 2019. That Amended Quiet Title Judgment quieted title to Calle Arroyo as a private road owned by the property owners. The Court also gran...

Excerpt: ...elects not to do so, GM's time to answer the surviving portions of the complaint will run from then. Facts This is a "lemon law" case involving a 2015 GMC Sierra 1500 truck manufactured by defendant GM. (Compl. ¶ 4.) Plaintiff alleges she purchased the vehicle new on January 23, 2015 for her personal, family or household purposes. (Compl. ¶ 5.) She alleges the vehicle was manufactured and distributed by GM for sale in California, and implicitly...

Excerpt: ...e hearing to identify specifically what allegations they propose to add; whether those allegations were included in their pre‐filing governmental claims; why they will be sufficient; and why they weren't alleged before now. Background Plaintiff Neff has owned real property located at 1060 Minnesota Ave. in the City of Brentwood for over 30 years. Neff alleges that throughout his ownership of the property, he has been subjected to harassment fro...

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 ...