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