Excerpt: ...ment facilities. Plaintiff was employed at one of them in various hourly capacities between 2019 and 2021. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/04/2023 20 The original complaint was filed on August 27, 2021 as a class action. It was later amended to add a PAGA claim. The settlement would create a gross settlement fund of $395,000, payable in two equal insta...

Excerpt: ...al among wage-and-hour cases, in that its sole focus is on a failure- of-reimbursement claim rather than any allegations as to payment for time worked. Plaintiff alleges that defendant failed to reimburse employees for the cost of obtaining personal protective gear (such as masks) during the COVID crisis. The original complaint was filed on October 8, 2020. After a demurrer ruling, an amended SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MART...

Excerpt: ...Gate Project consistent with various applicable laws. They also seek a determination from this Court that the Project is consistent with the City's standards, and that the City cannot require a zoning amendment. The Court previously requested supplemental briefing to address several questions concerning Chapter 17.486 of the City's Municipal Code, the "blank map" located at section 17.486M8 of that Chapter, ripeness and the issues before the Plan...

Excerpt: ...ions or other issues requiring ruling as to these categories. Kalamas's counsel has informed defendants' counsel that Kalamas has no documents (or no documents not already SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 04/27/2023 2 produced) responsive to these categories. Defendants' counsel basically offer to take that as an answer, provided Kalamas gives them a writt...

Excerpt: ...otion for preliminary of her wage-and-hour case and settlement (MSC20- 00452), set for hearing on the same day, Line 8.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. Since preliminary approval was granted, the administrator has mailed notices to 7,873 class members. 1,298 packets were returned by the post office. Follow up resulted in 1,189 new addresses, leaving 10...

Excerpt: ...ng on the same day, Line 9.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. Since preliminary approval was granted, the administrator has mailed notices to 1,149 class members. 119 packets were returned by the post office. Follow up resulted in 112 new addresses, leaving 7 non-deliverable. No objections or requests to opt out have been received. SUPERIOR COURT OF CALI...

Excerpt: ...is sustained with leave to amend. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 04/27/2023 4 Standard 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 Dist. (1992) 2 Cal.4th 962, 956-67.) he Court giv...

Excerpt: ...at they were added without leave of Court. Argus also moves to strike the request and prayer for punt-ive damages on the grounds that they were added without leave of Court and that the SAXC contains no factual allegations against Argus to support an award of punitive damages. For the following reasons, the motion is granted. Judicial Notice Argus's unopposed Request for Judicial Notice is denied. The Court does not require judicial notce for doc...

Excerpt: ...d on behalf of the People. Plaintiffs allege that defendants Monsanto Company, Solutia, Inc. and Pharmacia LLC are successors to a prior corporate iteration of Monsanto Company. (For purposes of this demurrer, the corporate distinctions among these entites is irrelevant and will be ignored; they will all be referred to as Monsanto.) Plaintiffs allege that Monsanto sold the chemical compound polychlorinated biphenyl (PCB) and products containing P...

Excerpt: ...e class consists of employees who directly provide those services. Preliminary approval of the proposed settlement was granted on November 28, 2022. Since preliminary approval was granted, the administrator has mailed notices to 2,141 class members. 133 packets were returned by the post office. Follow up resulted in 88 new addresses, leaving 46 non-deliverable. No objections or requests to opt out have been received. The motion for final approval...

Excerpt: ...ofers and Allied Workers, AFL-CIO and Associated Roofing Contractors of the Bay Area Counties attached as Exhibit A to the Bernal Declaration. Defendant's request for dismissal of the action in connection with the motion is denied; the Court in its discretion orders the action stayed pending completion of the arbitration. The parties shall appear at the further case management conference set at 8:30 a.m. on October 2, 2023 and advise the Court of...

Excerpt: ...employee of Defendant Matternet, Inc., a drone manufacturer and operator. Plaintiff was hired on February 28, 2022 as a drone "Visual Observer." On March 1, 2022, Plaintiff electronically signed various onboarding documents. Among them was an "At-Will Employment, Confidential Information, Invention Agreement, and Arbitration Agreement" ("Agreement"), which stated: "...l AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES THAT I MAY HAVE WIT...

Excerpt: ...wart and Cross-complainant Agra Tech, Inc. designates the Civil Court in Rotterdam, the Netherlands as the exclusive forum for litigation between them. For the following reasons, the motion is denied. Evidentiary Matters Zwart's unopposed Request for Judicial Notice is denied. The Court does not require judicial notice for documents already in its own case file. The Court need not address Zwart's objections to the Sinke declaration. The Court has...

Excerpt: ...ble neglect". And in the alternative, plaintiffs invoke the later provision of the subdivision, for vacating any dismissal based on "an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect". The motion is granted on the second of these alternative grounds. The statute provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgmen...

Excerpt: ...sented, the parties' briefs either just assume their conclusions or bypass discussion of the issues altogether. Accordingly, before reaching the merits of an important public litigation, the Court wants to be sure that it really has both sides' substantive contentions fully laid out for consideration. If either party wants to take issue with the Court's indications on preliminary points, it should do so now, not wait for the tentative on the next...

Excerpt: ...Settlement Terms Defendant and its affiliates, also sued as defendants here, are in the business of operating McDonalds restaurants throughout the area. Plaintiff worked in one such restaurant as a crew member in 2020. The original complaint was filed on July 30, 2021. PAGA claims were added by amendment in February 2022. The settlement would create a gross settlement fund of $3.5 million. The class representative payment to the plaintiff, and a ...

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...