Excerpt: ...in order. The motion is granted, conditioned on submission of a satisfactory supplemental declaration explaining Worksafe and the proposed cy pres provision. A. Background and Settlement Terms Defendant ISP2, and its subsidiaries also named as defendants, are in the business of SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/30/2023 10 operating a chain of restaurants...

Excerpt: ...f proposed class representative payments. A. Background and Settlement Terms Defendant is in the business of providing clinical outpatient intervention to autistic teens, and their families and caretakers, principally on an in-home basis. Each of plaintffs was employed by defendant for various periods in 2020-2022 in various hourly, non-exempt positions. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER...

Excerpt: ...TE: 03/30/2023 7 A. Background and settlement Terms The original complaint was filed January 8, 2020. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide required overtime and minimum wages, meal and rest periods, proper wage statements, and reimbursement of employee business expenses. The case does not include a claim under PAGA. Since preliminary approval was granted, the administrator has mailed ...

Excerpt: ...on and PAGA case. • Chiesa v. Airgas, No. 34-2022-00325292, filed in Sacramento County on August 17, 2022 as a class action. • Chiesa v. Airgas, No. 34-2022-00328503, filed in Sacramento County on October 19, 2022 by the same plaintiff as the precedng case, as a PAGA-onl',' case. Pursuant to an order of the Chief Justice entered February 16, 2023, Contra Costa Superior Court was assigned to decide the motion, and the Presiding Judge of this c...

Excerpt: ...rrer to the third and fourth causes of action is overruled. Defendant shall answer the complaint within 15 days. Background On September 2, 2022 Plaintiff Shonte Herse filed this action against Defendant Harley-Davidson Motor Company, Inc. ("HDMC"), alleging violations of California's Song-Beverly Act (SBA, Civil Code SS 1790 et seq.), and the federal Magnuson- Moss Warranty Act (MMWA) (15 U.S.C. SS 2300 et seq.). In the operative Second Amended ...

Excerpt: ... OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/23/2023 13 In a nutshell, the fundamental problem with TEG'S cross-complaint against Agra Tech is that it is a defense masquerading as a cross- complaint. Importantly, although there are numerous parties to this litigation, the only party that has sued TEG is Agra Tech. Accordingly, there are no claims against TEG, from plaintiff Natu...

Excerpt: ... bus driver. The original complaint was filed on April 24, 2019 as a class action. PAGA claims were added by amendment shortly thereafter. The first amended complaint is the operative pleading. The settlement would create a gross settlement fund of $150,000. The class representative payment to the plaintiff would be $5,000. Attorney's fees would be $50,000 (one-third of the settlement). Litigation costs would not exceed $12,000. The settlement ad...

Excerpt: ...e science research and clinical SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 6 diagnostic products. Plaintiff worked in its manufacturing operations. The original complaint was filed on January 27, 2021 as a class achon. The class claims were dismissed pursuant to an unopposed motion based on an arbitration agreement and class action waiver, but PAGA claims...

Excerpt: ...A case (not a class action), alleging a variety of violations of the Labor Cuie concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. In particular, plaintiff asserts alleged violations for work outside paid SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 03/16/2023 10 time, and violations as t...

Excerpt: ...before it an unrebutted factual showing by defendant which, if true, demonstrated to the Court's satisfaction that the proposed substitute plaintiff Norma Chayrez could not assert the claims at issue in the case, could not be an adequate class representative, and did not present a timely PAGA claim. As the Court summarized in that tentative ruling: [Chayrez] in fact worked at defendant only two days, in February 2020. During that time she did not...

Excerpt: ...ons and for retaliation for asserting rights as tenants. The demurrer is and sustained with leave to amend as to the Eleventh cause of action. It is otherwise overruled. Plaintiffs shall have 30 days from the date of this order in which to amend. Defendants shall have 30 days from service of the amended complaint, or from expiration of Plaintiffs' time to amend, in which to respond. Background/procedural History On September 1, 2021, plaintiff Sa...

Excerpt: ... comply with rule 3.1116 of the California Rules of Court in future law and motion proceedings. Plaintiffs' Evidence. The bulk of plaintiffs' opposition evidence is of little value to the Court in deciding this motion. For example, plaintiffs' counsel attaches "Material safety data sheet[sl" and a related piece of correspondence as Exhibits 1-7 and 24, with no explanation of the nature or significance of these documents. Equally unhelpful are the...

Excerpt: ...t. Parties are ordered to submit plaintiff's individual PAGA claims to arbitration and this proceeding is otherwise stayed, pending the outcome of arbitration. (Code of Civil Procedure S 1281.4.) The Court notes that this is a PAGA-only action. The same plaintiff filed a parallel class action in this Court asserting substantively similar claims. That case was removed to federal court. Defendant filed a parallel moton in the federal case to compel...

Excerpt: ...tlement would create a gross settlement fund of $390,000. The class representative payment to the plaintiffs would be $7,500. Attorney's fees would be $130,000 (one- third of the settlement). Litigation costs would not exceed $12,500. The settlement administrator's costs are estimated at $7,000. PAGA penalties would be $40,000, resulting in a payment of $30,000 to the LWDA. The net amount paid directly to the class members would be about $185,000...

Excerpt: ...ors, including its former Chief Executive Officer, Sam Bankman-Fried, are the subject of numerous pending civil actions, bankruptcy proceedings, and criminal investigations. Bankman-Fried and others are alleged to have misappropriated funds invested on the FTX.com platform, in part through another company owned by Bankman-Fried, Alameda Research. On November 11, 2022, FTX.com announced that it, FTX US, Alameda, and numerous related companies file...

Excerpt: ...nd stay further proceedings. (Some of these individuals appear in the case only as trustees for trusts.) The distinctions among these moving defendants are largely irrelevant to the motion, and unless otherwise required, they will be collectively called the “Rhoads defendants” or “Rhoads parties”. Plaintiffs in the case are John Frazer and Cecilia Cruickshank (husband and wife), both suing solely on behalf of a family trust of which they ...

Excerpt: ...mmissions, or that Puri otherwise interfered with Saini's ability to receive commissions from transactions involving the family and friends of Burt Benepal. (Complaint, ¶ 22 and ¶ 30.) • The parties may, but are not required to, arbitrate the claim that plaintiff Saini is owed a 30 percent referral fee for the transaction that closed on June 29, 2022. (Complaint, ¶ 22 and ¶ 23.) This action is stayed pending the outcome of the arbitration. ...

Excerpt: ...all not prejudice the parties' right to stipulate to arbitration for all plaintiffs, should the parties deem that a more efficient mode of proceeding. Defendants' request for judicial notice is granted. This action is stayed pending the outcome of the arbitration, and of any judicial reference, subject to further court order. The Original Purchaser Plaintiffs. The plaintiffs who were original purchasers of their homes do not dispute that their pu...

Excerpt: ... only on those issues relating to which entity or entities were responsible as the employer(s) of plaintiff Hill – Tesoro, or co-defendant Specialty Welding and Turn Arounds, LLC (SWAT). Background This action arises out of plaintiff's employment as a journeyman pipefitter for approximately three weeks from February 28 to March 19, 2019 at an oil refinery in Martinez owned and operated by defendant Tesoro. (Second Amended Complaint (2AC) ¶ 8.)...

Excerpt: ...a class action in this County, and amended the complaint to add a PAGA claim. NCR removed the case to federal court based on the Class Action Fairness Act. Kalaveras's class claims were then dismissed, and the action remanded to this Court. Meanwhile, Missreezadah filed a PAGA-only case in Los Angeles County. The latter case was dismissed voluntarily, and Missreezadah was added by amendment as a plaintiff in the Contra Costa action. After a succe...

Excerpt: ... require leave of court to amend. (Proposed defendant Quam is not a party in the case.) At a previous CMC the Court had informally observed that plaintiff's existing complaint is virtually SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/23/2023 9 devoid of any factual allegations. The present motion is presumably his response to that admonition. However, the proposed ...

Excerpt: ... a procedural and jurisdictional subtext here, which neither side tries to conceal. Plaintiff sued three defendants (not counting Does) in her complaint, and again in her first amended complaint: Wal-Mart Associates, Inc.; Walmart Inc.; and Emmy Rodriguez. Plaintiff is evidently of diverse citizenship from the two corporate defendants, but not from Rodriguez. Defendants removed the case to federal court on the basis of diversity, asserting that R...

Excerpt: ...ntiffs worked for defendants as hourly employees – Torres as a shipping/receiving clerk, and Rascon as a machinist. 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. Among other things, the action alleges violations centering ...

Excerpt: ... care to assert one) seeking a judicial order requiring Kristin Pace to turn over particular documents or sets of documents from her prior service as an attorney for one or more of the cross-complainants. In all other respects, leave to amend is denied; indeed, it is not even requested. The Relevant Players In the interests of both readability and brevity, the Court will use convenient shorthand to speak of SUPERIOR COURT OF CALIFORNIA, CONTRA CO...

Excerpt: ...tice of their request for a preliminary injunction by serving either a notice of motion or an order to show cause. (CRC 3.1150(a).) “An OSC must be used when … the party against whom the preliminary injunction is sought has not appeared in the action.” (Ibid.) “If the responding party has not appeared, the OSC must be served in the same manner as a summons and complaint.” (Ibid.) The OSC must describe the injunction to be sought at the ...

Excerpt: ...TY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/16/2023 18 Since preliminary approval was granted, the administrator has mailed notices to 115 class members. No objections or requests to opt out have been received. A. Background and Settlement Terms The original complaint was filed on August 30, 2021, raising class action claims on behalf of non-exempt employees, alleging that defendant violated the Labor Code in ...

Excerpt: ...s are ordered to arbitration. The Court denies the motion to the extent it seeks dismissal of the action and grants the motion to the extent it seeks a stay of the action as to Plaintiffs' representative PAGA claims, as described below. This action shall be stayed through June 9, 2023. A case management conference is set for 8:30 a.m. on May 2, 2023. The parties shall include with their case management conference statements a report on the status...

Excerpt: ...rrent and former hourly or non-exempt employees at defendant's restaurants. The motion will be granted if plaintiff provides a compliant declaration concerning submission of this proposed settlement to LWDA. A. Background and Settlement Terms The original complaint was filed on March 9, 2020. There are a number of claims in the complaint, but they all arise generally from the allegation that defendant made a practice of understaffing its restaura...

Excerpt: ...ed, subject to the possibility of either or both parties seeking to coordinate this case with the Venegas case. Preliminary Observations The key points of contention between the parties on this motion predictably center on a substantial difference between this case and the Venegas case – namely, that Venegas is pleaded only as a PAGA action, whereas this case is filed as both a PAGA claim and a purported class action. Looking back over the part...

Excerpt: ...NTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 02/02/2023 13 When this motion first came up for hearing, the Court indicated generally that the settlement appeared appropriate in most respects, but that it had concerns in two respects. However, the Court is a little concerned by the relatively modest level of recovery provided. The gross settlement amount is recited to be less than 24% of the claims' “likely valu...

Excerpt: ... the surviving causes of action. Background Plaintiffs are obligors under a $200,000 promissory note dated April 1, 2008 secured by a deed of trust on plaintiffs' residence located at 1452 Club View Drive, El Cerrito, CA recorded on April 9, 2008. (FAC ¶¶ 1, 4, 12‐15; Defs. RJN Exh. A.) The lenders under the note and deed of trust are defendants the Pans. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OF...

Excerpt: ...inal complaint was filed April 30, 2019, raising claims as a class action on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, off‐the‐clock work, non‐compliant meal and rest periods, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 01/26/2023 2 unreimbursed business exp...

Excerpt: ...d and Settlement Terms Plaintiffs filed this action on February 16, 2021, alleging that on February 9, 2021, a pipeline at the Chevron Richmond Refinery's “Long Wharf” ruptured, resulting in the spilling of at least 700 gallons of petroleum product into the Bay, during the herring spawning season. They allege that this spill caused damage to the San Francisco Bay herring population that will last a decade. They bring SUPERIOR COURT OF CALIFOR...

Excerpt: ...g that defendant violated the Labor Code in various ways, all of which arose from underpayment of sick pay. The settlement will create a gross settlement fund of $95,000. The class representative payment to the plaintiff will be $10,000. Counsel's attorney's fees will be $31,666.67 (one‐ third of the settlement). Litigation costs are estimated at $15,000. The settlement administrator (Phoenix) would receive an estimated $4,500. PAGA penalties w...

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: ...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: ... 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: ...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: ...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: ...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: ...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 ...

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: ...tatements that Moeller has a mental illness, or exhibited behavior associated with such an illness, and statements that could be understood to charge that she is dishonest and does not properly run her facility, all of which would tend to injure plaintiffs in their business. Further, triable issues of fact exist concerning the context in which the statements were made, whether Pestana in fact made statements that could be understood to charge tha...

Excerpt: ...��, whatever that means. In the MSA, however, it is simply “Ericsson Inc.” The Court will stick with “plaintiff”. On March 1, 2012, plaintiff and Broken Arrow entered into a written master services agreement contract (MSA), with Broken Arrow identified as “Contractor.” The MSA covered and governed Defendant's work performed on the City of Richmond's real property. On or about April 5, 2017, Defendant authorized to begin work at around...

Excerpt: ...st cause of action. So treated, the motion is granted with leave to amend. Plaintiff may file and serve a first amended complaint by November 6. If he elects not to do so, defendants will have already answered the existing complaint. This motion is brought on the sole ground of limitations. Its answer therefore hinges on the answer to a single question: which statute of limitations applies to the first cause of action? Is it the three‐year limi...

Excerpt: ..., however, Homeguard's own evidence undermines its own assertions. It therefore has not carried its burden to shift any burden to cross‐complainants to disprove Homeguard's factual defense. Background In October of 2014, plaintiff James Nikides entered into a written agreement to purchase real property located at 5401 Martis Court in El Sobrante. Plaintiff had engaged the services of Defendant/Cross‐Complainant Yamille Kosowan, a licensed rea...

Excerpt: ...published an interview with plaintiff related to his career and his book. (Comp. ¶8.) From May to November 2019, defendant began making various statements about plaintiff on defendant's various Twitter accounts. (Comp. ¶¶10‐15.) Defendant owns several accounts on the “popular social media site Twitter”. (Comp. ¶7.) These statements generally claimed that plaintiff was promoting conspiracy theories. A couple of tweets made reference to p...

Excerpt: ...n filed a complaint against her with the Financial Industry Regulatory Authority (FINRA) in 2018. Johnson claimed she was damaged in connection with Plaintiff Tarr's investment advice and management of Johnson's $320,000 investment portfolio. Tarr alleges Johnson made with her investments with Tarr through the broker‐dealer Royal Alliance Associates in 2007 and 2008, and continued her investment relationship with Tarr in 2010 when Tarr moved to...

Excerpt: ... COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 10/02/20 ‐ 8 ‐ Facts Alleged This action asserts claims for personal injury and property damage arising out of an alleged incident on March 20, 2019. They allege defendant Jeremy Perkins committed vandalism on their vehicles and other property and inflicted emotional distress when he “stalked” Mr. Harrison at his home and threatened to return with a gun. As to GFOS, p...

Excerpt: ...Procedure § 425.16(b)(1) provides: "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on th...

Excerpt: ...gment as a matter of law. (Material Fact Nos. 2, 3, 4, 6, 9, and 10; Additional Fact Nos. 1, 3, 4, 6, 8, and 9.) Plaintiffs' Motion for Summary Adjudication as to Guo/Lin's Fifth Cause of Action, for Trespass, in Guo/Lin's Cross‐Complaint is moot because the Cross‐Complaint has been dismissed. Trespass and Nuisance To establish trespass, plaintiffs must prove an intentional, or at least a negligent, entry onto their property. (See CACI 2000, ...

Excerpt: ...on already asserted in the initial complaint. Defendant opposes the motion on the following grounds: the proposed 1st amended complaint fails to allege sufficient facts to state any cause of action against Gary Ross; the plaintiff only alleges that Mr. Ross is the spouse of Marilyn Ross, who is named as a defendant in this action; the proposal to add Gary Ross as a defendant is merely retaliatory in nature, because plaintiff's husband is a named ...

Excerpt: ...se to the action", that the papers show "there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law". (§ 437c(a)(1) and (c).) A plaintiff meets her burden on summary judgment if plaintiff "'has proved each element of the cause of action entitling' [her] to judgment on that cause of action." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) A motion for summary adjudication under ...

Excerpt: ...ligence and premises liability. The Cross‐Complaint alleges causes of action for declaratory relief, complete indemnity, and equitable contribution. For the following reasons, the unopposed MSJ is granted. Standard Code of Civil Procedure § 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. 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 ...

Excerpt: ...G. Hayes and Hayes Insurance Agency, for defendants to serve as a Broker/Agent and provide plaintiff with insurance. (Corrected Second Amended Complaint (SAC), ¶10.) Defendants orally agreed to provide insurance brokerage services to procure various types of requested insurance at the lowest price for plaintiff. (SAC, ¶10.) Defendant Hayes would submit quotes for coverage identifying the types of coverage for each policy, its limits, and total ...

Excerpt: ...cial Notice filed 6/12/20. It takes judicial notice of the fact stated in the Request. First Cause of Action, Negligence This cause of action alleges that CVCHS owed a duty to exercise reasonable care to avoid injuring plaintiff and to prevent B.H. from sexually assaulting plaintiff, based on a special relationship with plaintiff and its knowledge of B.H.'s prior misconduct (¶ 25.a., b.), its duty to maintain its campus in reasonably safe condit...

Excerpt: ...he City's time to answer the remainder of the FAC will run from that time. Preliminary Matters The FAC is unconventional in format. Its first eleven or so pages consist not of numbered paragraphs, but of narrative advocacy (complete with photos) in a manner more consistent with a trial brief or settlement brief. If plaintiff chooses to amend, his counsel should proceed in more conventional format and content. Plaintiff complains that the notice o...

Excerpt: ...trance) that no other discovery mechanism really exists. The deposition is not crucial under the three (3) prong test of Carehouse Convalescent Hospital v. Superior Court 143 Cal.App.4th 1558, 1563, citing Spectra Physics vs. Superior Court 198 Cal.App.3rd 1487, 1496. The requirements for a deposition of opposing counsel are: 1. Does the proponent have practical means to obtain the information? 2. Is the information crucial to preparation of the ...

Excerpt: ...ll be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.” Plaintiffs argue that Rivlin's motion is procedurally improper because it was not filed within the 60 day timeline, and a hearing on the motion was not set within 30 days. This motion was not filed until June 9, 2020 and the hearing was set for September 11, 2020. Plain...

Excerpt: ...ral‐question jurisdiction. After defendant moved for summary judgment, however, the District Court issued a sua sponte order remanding the case back to this Court, holding that no valid federal cause of action existed because the sole federal statute that plaintiff purported to sue on, IDEA, does not create a private cause of action for damages. Defendant contends that in light of this ruling, it was incumbent on plaintiff to dismiss her IDEA c...

Excerpt: ...ause of action (fiduciary duty), fourth cause of action (common count), fifth cause of action (constructive trust), and sixth cause of action (accounting). The Court does not agree, however, that plaintiff's claims under the Option Agreement, or otherwise pertaining to plaintiff's having or not having an interest in the company, are arbitrable. Further, because plaintiff's claims to establish his interest in the company are the necessary conditio...

Excerpt: ... case as applicable to his remaining claims. The Court is staying those claims and referring them to arbitration, but they nevertheless remain in the complaint at least for purposes of framing the issues for arbitration. Whether he may be entitled to plead or collect punitive damages as to those claims will be for the arbitrator to decide. Attorney Fees The same is true of his prayer for attorney fees. The Option Agreement contains no contractual...

Excerpt: ...ses of action for premises liability and negligence. Accordingly, the motion for summary judgment is denied. Standard “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.” (Code of Civil Procedure § 437c(c).) “[F]rom commencement to conclusion, the party moving for summary judgment bea...

Excerpt: ...It is otherwise overruled. The Complaint Plaintiffs allege that Wu was walking their dog Sophie, a miniature Shetland sheepdog. Defendant Irina Volkov was walking the Volkovs' dog Gus, allegedly trespassing in the common area of plaintiff's homeowner association. Gus attacked Sophie, resulting in severe injuries to Sophie. Plaintiff Yung came rushing out of plaintiffs' house to intervene and was himself bitten and injured by Gus. Plaintiffs alleg...

Excerpt: ... judgment accordingly. Factual Background Plaintiff alleges that she suffered serious physical injuries and emotional distress when she was prevented from attending her father's funeral at Higgins Chapel. Plaintiff is estranged from her family, and alleges that she learned of her father's death and funeral only from reading the obituary. She went to Higgins Chapel with a friend, only to discover that her father's service was in progress. She furt...

Excerpt: ... means Mr. Bridges, and “plaintiffs” means both him and his wife.) In addition, B&C was sued for equitable indemnity, contribution and declaratory relief by Blocka Construction. B&C has filed this motion for summary judgment seeking judgment in its favor for both the complaint and cross‐complaint, arguing that B&C was not negligent. Plaintiffs have opposed this motion, though Blocka Construction did not. (Blocka has since settled with CONTR...

Excerpt: ...em, Tracy Clark). The TAC alleges claims for negligence and premises liability. For the following reasons, the unopposed MSJ to the TAC is granted. Classic should submit a judgment accordingly. Standard Code of Civil Procedure § 437c(o)(1) and 437c(p)(2) provide the relevant legal standard for deciding the MSJ. 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 cann...

Excerpt: ...artinez were drinking to excess at the Hotel Mac with defendant Goshay present. Later, the three returned to Hill and Goshay's home. Plaintiff joined the three at Hill and Goshay's home after being invited over. Within a half an hour, Martinez became ill and was taken to a separate bedroom by Hill and Goshay. “Despite defendant Hill and Goshay's knowledge that Martinez had a history of violence after consuming alcohol, and without warning Plain...

Excerpt: ... that at approximately 11:57 p.m. on April 7, 2017, he was walking south on the western edge of Berry Drive in Pacheco when he was struck by a vehicle driven by defendant Roy Jarrard. (TAC ¶ 14.) That portion of the western side of Berry Drive had "a curb, and an apparent sidewalk area that abutted a fence along the eastern edge of Interstate 680." (TAC ¶ 15.) The pathway was "a dangerous condition as it was unpaved, was filled with mud, CONTRA...

Excerpt: ...ent as to PNC (unlike as to Clear Recon, see Line 13), she has not updated her factual allegations to reflect intervening events. For example, the FAC continues to allege that the foreclosure sale is scheduled for November 29, 2019 – but this pleading was filed in April 2020. The FAC gives the Court no information on what has happened since, or whether plaintiff still owns or occupies the property. This demurrer calls for a little more discussi...

Excerpt: ...f action (negligent misrepresentation). It is sustained with leave to amend as to all other causes of action. The Marra trustees may serve and file a first amended cross‐complaint by September 18. If they elect not to do so, the Horvaths' time to answer as to the surviving cause of action will run from that date. In light of this ruling and the upcoming summary judgment motion of plaintiff, the CMC now set for next Wednesday is continued to Nov...

Excerpt: ...d prepare and present a separate judgment. Opening Procedural Notes The Court notes with disapproval plaintiff's express refusal to meet and confer as required by statute. Given the result here and the minimal chances that any meet‐and‐confer would have been fruitful, however, the Court makes no more of the issue at this point. The Court also notes that although it had previously admonished plaintiff (himself a retired attorney) as to the ina...

Excerpt: ... parties' contract, but exercises its discretion to stay the action under Code of Civil Procedure § 410.30. The issue of arbitration is left to a Washington forum. Facts Plaintiffs Wang Brothers Investments LLC and Kai‐Wei Wang filed suit against Directing Lending and Fiuzi alleging a single cause of action for declaratory relief. They seek a declaration that defendants are not entitled to recover a $160,000 commission for their services in lo...

Excerpt: ...interrogatories seeking the bases for the affirmative defenses. 1 Weil & Brown, Civil Procedure Before Trial § 7.35.1 (Rutter Group 2018). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 08/21/20 ‐ 41 ‐ As for demurrers to answers – really? Chafetz, Civil Law and Motion Practice in Contra Costa County, Contra Costa Lawyer, November 2018, p. 33. The Court respectfully questions whether this demurrer is a good u...

Excerpt: ...OURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 08/21/20 ‐ 6 ‐ I. Factual Background Plaintiff and defendant were formerly a couple, though never married. They have a child in common, a daughter who is now an adult. In 1998, when the daughter was still an infant, the parties cooperated to purchase the property at issue – 10 Osborne Way, in Danville – to provide a place for defendant and the daughter to live in. Plaintiff paid the d...

Excerpt: ...ry law firm. In June 2019 that firm was joined by the Bauman firm (plaintiff's present counsel) by association of counsel, and the Bauman firm substituted in as sole counsel in August 2019. It was throughout this time period that defendant was seeking fruitlessly to obtain written discovery responses from plaintiff. The record reflects a long series of meet‐and‐confer efforts, in which defense counsel was asking for responses to previously se...

Excerpt: ...ees with the City on certain others. This ruling lays out the Court's views on the points of dispute. Whether an actual writ will be necessary, however, remains to be seen. The Court accordingly sets this motion over to September 4, 2020, at 10:00 a.m., for further review as to the state of compliance, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 07/31/20 ‐ 21 ‐ noncompliance, or continued disagreement as to p...

Excerpt: ...cated at 1751 Diane Court in Concord. Plaintiffs signed a lease on or about May 11, 2013, but allege that they resided at the property since from about July 1, 2011, until their eviction in September 2016. Guo Min Li and Minghao Zhong were the owners of the apartment building during most of Plaintiffs' tenancy. Defendant Seek Investments, LLC purchased the apartment building on about June 10, 2015. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA...

Excerpt: ...pose. The trial court's prior judgment was entered after Groth's motion for summary adjudication was granted on his breach of contract cause of action, followed by a bench trial on the remaining causes of action. It was then reversed on appeal last November. I. Motion for Restitution The Gilads argue that they opted to pay Groth pursuant to a judgment that should not have been entered, and accordingly they are entitled to the return of their mone...

Excerpt: ...ured in two separate, otherwise unrelated auto accidents. The first occurred on May 10, 2018, in San Joaquin County. Defendant Vasquez, an employee of Advanced, was the other driver. The second accident occurred on May 7, 2019, in Contra Costa County. Defendant Antonio was the other driver. Guzman alleges that each of Vazquez and Antonio was negligent in their respective accidents. His complaint is very scanty in describing his injuries, but the ...

Excerpt: ...tion. Plaintiff may file and serve a second amended complaint by August 21. If she chooses not to do so, defendant's time to answer the surviving part of the FAC will run from then. Meet and Confer The Court stated on the prior demurrer that it was not satisfied with the attorneys' efforts to meet and confer. The Court remains unsatisfied this time around. Both sides' briefs reflect that inadequate dialog occurred about the subjects in this demur...

Excerpt: ...led late due to mistake on plaintiff's counsel's part, counsel has represented that the opposition brief was timely served. Defendants raise no objections on this basis and the Court has considered the opposition on its merits. A court assessing a demurrer accepts as true the facts pleaded in the complaint, but rejects contentions, deductions and conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Aubry v. Tri‐City Hospital ...