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

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

Excerpt: ... JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 32 Plaintiffs are Jason Kristal, JKristallnvestmentsLLC, and 219KingsburyGrade, LC (the "Kristal Plaintiffs"). Defendants are Omer Eugene Beaird Ill ("Eugene"), Alesia Thomas ("Alesia") (collectively, "Defendants") and their former attorney, M. Todd Jenks. Plaintiffs filed a Notice of Settlement of their claims against Mr. Jenks on September 18, 2023. This action is preceded by three rel...

Excerpt: ...ndant operates an oil refinery in Martinez. Plaintiffs are employed there as Operators. The original complaint was filed on July 2, 2020 as a class and PAGA action. It was amended twice, including deletion of one named plaintiff and modification of the claims asserted. The second amended complaint successfully withstood demurrer. The settlement would create a gross settlement fund of $1,224,210. The class representative payments to the plaintiffs...

Excerpt: ...or approval of their attorney's fees, litigation costs, administrative fees, and representative payments. Both motions are granted. Since preliminary approval was granted, the administrator has mailed notices to 52 class members. 2 SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 24 packets were returned by the post office. Follow-up was unable to find better a...

Excerpt: ...mount and the average paput. There are a number of identifiable reasons for this, most of which are understandable and acceptable. However, it appears that there may have been a substantial miscommunication with respect to one particular (and unusual) feature of this settlement namely that the employee class members, not the employer, end up bearing the cost of paying the employer's share of payroll taxes on the settlement proceeds. SUPERIOR COUR...

Excerpt: ...aintiff was employed as a non-exempt employee during the relevant time period, though the pleadings and moving papers do not identify her job capacity or employment dates. The motion is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 10/05/2023 28 C. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging a variety of viola...

Excerpt: ...yed by SWAT as a journeyman pipefitter, working at the Tesoro site in February and March of 2019. The motion is granted. B. Background of the Case and Terms of Settlement This a PAGA case (not a class action), asserting that SWAT violated the Labor Code by not paying employees for the time spent donning and doffing safety gear at the beginning and end of shifts. Notably, SWAT changed its policy and commenced paying for donning and doffing time in...

Excerpt: ...d a class action complaint alleging nine causes of action for Labor Code violations by defendant Bay Air Systems, Inc. and a representative claim on behalf of himself and "aggrieved" employees in the tenth cause of action under the Private Attorney General Act, Labor Code section 2699 et seq. ("PAGA"). Plaintiff subsequently filed an amendment to the complaint naming defendants John Morgan, Roberta Morgan, Ben Morgan, and Bert Morgan as "Doe" def...

Excerpt: ...d a class action complaint alleging nine causes of action for Labor Code violations by defendant Bay Air Systems, Inc. and a representative claim on behalf of himself and "aggrieved" employees in the tenth cause of action under the Private Attorney General Act, Labor Code section 2699 et seq. ("PAGA"). Plaintiff subsequently filed an amendment to the complaint naming defendants John Morgan, Roberta Morgan, Ben Morgan, and Bert Morgan as "Doe" def...

Excerpt: ...al dissolution. There are three other cases to which Robert and Madeline are or were parties: (1) Serafin v. Serafin, Contra Costa Superior Court Case No. 021-02739, (2) Burden v. Serafin, U.S. District Court for the Northern District of California Case No. 4:22-cv-25 03479 DMR, and (3) Serafin v. Serafin, Contra Costa Superior Court Case No. C23-00131. Robert filed his complaint in this action on March 30, 2023. The complaint asserted the follow...

Excerpt: ...tices to class members. 23 packets were returned by the post office. Follow up resulted in 19 new addresses, leaving 4 nondeliverable. No objections or requests to opt out have been received. The motion is granted. E. Background and Settlement Terms Defendants, related entities, are in the business of operating several "escape room" entertainment facilities. Plaintiff was employed at one of them in various hourly capacities between 2019 and 2021....

Excerpt: ...complaint as a freestanding pleading. Formal service of process on defendants Simple Cash Loans and Shafir should be accomplished promptly. Plaintiff has sued two defendants—Simple Cash Loans, for various asserted forms of illegality in connection with a car loan; and Location, the repossession agent. Plaintiff served Location, but has yet to serve Simple Cash Loans. He faces a hard deadline of October 17 by which to do so, or the case will be ...

Excerpt: ...pparently in the business of læating buried utility lines for construction. The complaint alleges that plaintiff was employed at defendant during the relevant period, though it does not give his employment dates or identify what job he held. The original complaint was filed on July 6, 2022. It was amended on November 28, 2022 to add PAGA claims. The settlement would create a gross settlement fund of The class representative payment to the plaint...

Excerpt: ...case.) The motion is granted. This arbitration motion is unprecedented, in this Court's experience, in one respect: Not only is there an arbitration already in existence and going forward, covering the same set of claims— but indeed, that arbitration proceeding was initiated by plaintiff himself. The Court confesses itself mystified as to why plaintiff, having filed and prosecuted that arbitration, then filed this lawsuit— and even more mysti...

Excerpt: ...a PAGA claim, but it appears that the complaint may be amended to add a PAGA claim in the future. (Comp. "34-36.) Whether the arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. S 1, et seq. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 12 (FAA) or by the California Arbitration Act, Code of Civil Procedure S 1280 et seq. (CAA), the thr...

Excerpt: ...eir first amended complaint against defendant Evangelista. Background and Summary of the Case Defendant Evangelista operates a dentistry business. Plaintiffs Rozenberg and Puen formerly worked as dentists in one of defendant's offices. In the first cause of action in the FAC they contend that they were employees, not independent contractors, and Evangelista failed to reimburse them for certain employment-related expenses. Their second cause of ac...

Excerpt: ...l complaint was filed on March 19, 2021. The settlement would create a gross settlement fund of $950,000. The class representative payment SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 38 to the plaintiff would be $10,000. Attorney's fees would be $316,667 (one-third of the settlement). Litigation costs would not exceed $20,000. The settlement administrator'...

Excerpt: ...cted with Synctruck to provide delivery services in California and Utah. The Plaintiffs are drivers employed by Synctruck, and allegedly by Amazon as a joint employer. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 23 Plaintiffs also move separately for approval of their attorney's fees, litigation costs, administration costs, and representative payments. The...

Excerpt: ...oval was granted, the administrator has mailed notices to 816 class members. 50 packets were returned by the post office. Follow up resulted in 35 new addresses, leaving 15 nondeliverable. No objections or requests to opt out have been received. The motion is granted. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 09/21/2023 2 A. Background and settlement Terms The sett...

Excerpt: ... resulted in 23 new addresses, leaving 30 nondeliverable. No objections or requests to opt out have been received. The motion is granted. A. Background and Settlement Terms Defendant Rubicon is in the business of manufacturing and wholesaling baked goods. Plaintiff Lucas was previously employed at Rubicon as a maintenance worker. Plaintiff Miles was formerly employed at Rubicon as a sanitation worker. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA CO...

Excerpt: ... also moves for approval of plaintiff's attorney's fees, litigation costs, administration costs, and representative payment. Since preliminary approval was granted, the administrator has mailed notices to 317 class members. 6 packets were returned by the post office. Follow up resulted in 3 new addresses, leaving 3 nondeliverable. No objections or requests to opt out have been received. The motions are granted. E. Background and Settlement Terms ...

Excerpt: ...irfield Belmont. Defendant is given 30 days in which to answer. Demurrer Standards A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (lonabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) "A demurrer tests the pleading alone, and not on the evid...

Excerpt: ...violations during the period of the initial COVID emergency'. After a demurrer was sustained to part of plaintiff's claim, her first amended complaint focused specifically on allegations that defendant unlawfully required employees to exhaust personal leave time before taking COVID-related sick time as authorized by emergency' statutory provisions. The total settlement payment is Out of this is to come attorney's fees of $41,667 (onethird of the ...

Excerpt: ...eliverable. No objections out have been received, and only one class member has opted out. The motion is granted. B. Background and Settlement Terms The original complaint was filed on October 5, 2021. A PAGA claim was added by later amendment. The settlement will create a gross settlement fund of The class representative payment to the plaintiff will be $7,5W. Attorney's fees will be $130,WO (one-third of the settlement). Litigation SUPERIOR COU...