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...