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2023.05.18 Demurrer to FAC 693
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.18
Excerpt: ...n complaint against John Muir Health (JMH). The Court previously sustained in part a demurrer to their original complaint. Plaintiffs allege that each of them is a Facebook user which gives them a unique Facebook ID associated with their Facebook profile and account. (FAC 55, 91, 95, 101, 106.) They further SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/18/2023 2 all...
2023.05.18 Motion for Preliminary Approval of Class Action Settlement 868
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.18
Excerpt: ...ffice position. The original complaint was filed on August 31, 2021 as a class action. PAGA claims were added by amendment in December 2022, and additional claims added in March 2023. The settlement would create a gross settlement fund of $750,000. The class representative payment to the plaintiff would be $10,000. Attorney's fees would be $250,000 (one-third of the settlement). Litigation costs would not exceed $15,000. The settlement administra...
2023.05.11 Motion for Final Approval of Settlement, Attorney Fees 999
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...ted, the administrator has mailed notces to 951 class members. Fourteen packets were returned by the post office. Follow up resulted in 10 new addresses, leaving 4 non- deliverable. No objections or requests to opt out have been received. 12 Both motions are granted. A. Background and Settlement Terms The original complaint was filed on September 28, 2020, raising claims under PAGA and a class action on behalf of non-exempt employees, alleging th...
2023.05.11 Motion for Final Approval of Class Action Settlement 073
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...ator has mailed notices to 533 class members. One packet was returned by the post offce. Follow up resulted in a new address, leaving none non-deliverable. No objections have been received, and only three class members have requested exclusion from the class settlement. The Court notes some confusion as to the amount of the settlement administration cost. The estimate at the time of preliminary approval was $11,857.70. Now the body of the motion ...
2023.05.11 Motion for Class Certification 513
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...ourt ...." "The party advocating class treatment must demonstrate the existence of [1] an ascertainable and sufficiently numerous class, [2] a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. [Citations.]" (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021; see also Code of Civil Procedure S 382.) Plaintiff has the burden of showin...
2023.05.11 Motion for Class Certification 155
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.11
Excerpt: ...present are current or previous Operators that worked at Chevron's oil refinery in Richmond, California. The Operators belonged to a union (United Steelworkers Local 5), which was the sole bargaining representative of Chevron's employees. The union and Chevron had a collective bargaining agreement which covered the Operators throughout the period of November 25, 2019 through May 30, 2022. (Mohon at 9:22-28.) The collective bargaining agreement co...
2023.05.04 OSC Re Contempt 129
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...y that award of attorney fees has not been paid, and defendants seek to enforce it by contempt order. Left unspoken, however, is exactly what defendants mean by a "contempt order". What exactly do they contemplate the Court is supposed to do as a response to a contempt of court consisting of nonpayment of a judgment? Issue another order that Lewis pay up? Put him in jail? Give him a criminal conviction? Or what? It doesn't appear that defendants ...
2023.05.04 Motion to Compel Arbitration 735
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...reement between the parties that cover this actions' claims. The motion is denied, because in the Court's view defendant has waived the right to seek arbitration. The Agreement to Arbitrate Whether the arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. SS 1 et seq., or by the California Arbitration Act, Code of Civil Procedure SS 1280 et seq., the threshold issue of whether a valid and enforceable agreement to arbitrate ex...
2023.05.04 Motion for Summary Judgment, Adjudication 134
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
Excerpt: ...ENT 12 JUDICIAL OFFICER: CHARLES S TREAT HEARING DATE: 05/04/2023 7 Facts ["UMF"] No. 1; Neeno Decl. par. 3; Defs.' Additional undisputed Material Fact ["AUMF"] No. 1.) The Neeno Property is located near the top of the Martinez Ridge in or adjacent to the Muir Oaks subdivision of Martinez and was undeveloped when plaintiff purchased it. (AUMF No. 3.) The only paved access to the Neeno property is from Alhambra Avenue, a public road, is by using f...
2023.05.04 Motion for Preliminary Approval of Class Action Settlement 753
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
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...
2023.05.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 038
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.05.04
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...
2023.04.27 Motion for Final Approval of Class Action and PAGA Settlement 462
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
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...
2023.04.27 Demurrer 119
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
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...
2023.04.27 Motion to Compel Production of Docs in Compliance with Deposition Subpoena 633
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
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...
2023.04.27 Motion for Final Approval of Class Action Settlement 481
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
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...
2023.04.27 Petition for Writ of Mandate 738
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.27
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...
2023.04.20 Motion to Strike New Causes of Action 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.20
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...
2023.04.20 Demurrer 818
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.20
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...
2023.04.13 Motion to Vacate Court Order of Dismissal 526
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
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...
2023.04.13 Motion to Dismiss SACC 460
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
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...
2023.04.13 Motion to Compel Arbitration and Stay Proceedings 756
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
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...
2023.04.13 Motion to Compel Arbitration 164
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
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...
2023.04.13 Motion for Final Approval of Class Action Settlement 644
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.04.13
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...
2023.03.30 Petition for Writ of Mandate 738
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
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...
2023.03.30 Motion for Preliminary Approval of Class Action Settlement 638
Location: Contra Costa
Judge: Treat, Charles S
Hearing Date: 2023.03.30
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 ...

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