Excerpt: ... intesta te. The Petition seeks an order confirming that one half of the Decedent's 2.2582% separate property ownership interest in Countrywood Shopping Center Associates (which the Decedent received through an inheritance from his father's trust) be confirmed to Petitioner as her intestate share of this asset (see Prob. Code § 6401(c)(2)). Respondent objected to the Petition on January 19, 2024 (the “Objection”). The Objection alleges tha...

Excerpt: ...for atto rney's fees pursuant to Code of Civil Procedure section 1021.5. Under section 1021.5, a court may award fees “to a successful party … in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a signifi cant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons; and (b) the necessity and financial burden of private enfor...

Excerpt: ...t by Denh am, LLC, Nikta, LLC, and Manning- NextBay Venture, LLC, and against the City of Richmond, is denied. Background In 2017, after the voters of Richmond passed the Richmond Hills Initiative, which limited development of Petitioners' property. (AR, Den2_00107. ) Petitioners filed a lawsuit, Case No. MSN170669, challenging the adoption of the Initiative (hereinafter “Denham I”). After finding that the City's general plan was inconsiste...

Excerpt: ...fications needed to be included as part of the “project” as described in the EIR; (2) include consideration of Unit 250 in the cumulative impacts analysis; and (3) reconsider the Odor Prevention and Management Plan. The lengthy background of these orders is included in the Court's Statement of Decision and will not be repeated here. In response, respondents certified a Revised EIR that does the following: (1) concludes that the NuStar Termi...

Excerpt: ...allows the Project's Land use Permit to remain in place and fails to enjoin Project operations pending the County's compliance with CEQA. "CECA, through the Public Resources Code, allows a trial court to leave project approvals in place. After a court finds a CEQA error, the court has three options: void a decision in whole or part; suspend certain project activities; or take other specified actions. (Pub. Resources Code, S 21168.9, subd. CEQA do...

Excerpt: ...is hearing. The Court has provided a tentatve ruling on this matter to assist the parties in preparing for argument. The Court has not reached a final decision on this matter. l. BACKGROUND Real Party in Interest Marathon Petroleum Company operated an oil refinery in Martinez. The refinery operated for 107 years, until it stopped operating in April of 2020. It now proposes to repurpose the refinery into a renewable fuels refinery, i.e., a refiner...

Excerpt: ...f Rights [42 U.S.C. S 1983 for violation of equal protection]; (3) writ of mandamus [Cal. Civ. Proc. S 10851; and (4) declaratory relief. For the reasons set forth below, the City's Demurrer is sustained without leave to amend. (CCP S 430.10(e).) The City's Request for Judicial Notce regarding Ordinance No. 801-C-S, Ordinance No. 2133-C-S, Right-of-Way Agreements between the City and SFPP, L.P., and the certified transcript of the February 2, 202...

Excerpt: ...e Notice of Exemption, pending compliance with CEQA. It did not direct respondent as to what must be done to comply with CEQA. Judgment was filed the same day. On March 30, the Court granted Reabold's application to modify the Peremptory Wrt of Mandate to extend the return date from April 3, 2023, to May 15, 2023. The matter is not automatically stayed pending appeal. (Daly v. San Bernardino County Bd. Of Supervisors (2021) 11 Cal.5th 1030, 1034....

Excerpt: ...erform a citizen's arrest. The City filed a writ challenging this ruling. The Court of Appeal issued an alternative writ to this Court, which required this Court to reconsider the ruling on the demurrer in light of the City's arguments regarding immunities. The Court of Appeal stated in part: It appears the trial court omitted consideration of petitioner's asserted immunities under Government Code SS 845 and 845 from its analysis of petitioner's ...

Excerpt: ...r, only two barriers remained to judicial approval: (1) submission of the entire "confidential" settlement, including provisions governing the settlement of plaintiff's individual claims, to enable the Court to review the totality of the settlement of all issues, for the reasons explained in the prior orders; and (2) provision for a compliance report establishing compliance with the settlement. The parties have now submitted an Amended Motion for...

Excerpt: ...ALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 01/39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 03/02/2023 tentative ruling was fully set forth in the tentative ruling and is incorporated into this tentative ruling as if set forth herein. At the conclusion of the hearing, the Court continued the matter to allow Respondent and Real Party (Respondents) to submit a supplemental opposition directed solely at the “fees on fees” issue, a...

Excerpt: ...ion of Rights [42 U.S.C. § 1983 for violation of equal protection]; (3) writ of mandamus [Cal. Civ. Proc. § 1085]; (4) inverse condemnation; (5) regulatory taking; (6) declaratory relief; (7) intentional interference with contractual relations; and (8) negligent interference with prospective economic SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 01/39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 02/02/2023 26 relati...

Excerpt: ...y's fees. While a proportionate reduction based on limited success may be appropriate for attorney's fees, the Court declines to apportion the much smaller cost items. Specifically contested items are addressed below. As to specifically contested items, “the objecting party has the burden to show that a cost item is unrecoverable because it was not necessary to the litigation.” (Hooked Media Group, Inc. v. Apple Inc. (2020) 55 Cal.App.5th 328...

Excerpt: ...ts three causes of action: (1) Violation of several specified provisions of the Health and Safety Code; (2) violation of the California Environmental Quality Act; and (3) violation of the California Public Records Act. Martinez Refining asserts nine causes of action: (1) CEQA; (2) violation of Health and Safety Code section 40783; (3) violation of Health and Safety Code section 40920.6; (4) violation of Health and Safety Code section 40406; (5) t...

Excerpt: ... Complaint in the Superior Court for the County of San Diego. The action was transferred to this Court in September 2021. A. Original Complaint Plaintiff's original complaint identified the class in the action as "All Rabobank checking account holders in California, who, within the applicable statute of limitations preceding the filing of this action incurred one or more Continued Overdraft Fees." (Compl. ¶ 30.) The "Continued Overdraft Fees" ar...

Excerpt: ...vil Procedure (“CCP”) § 877.6(a)(2) determining that the settlement of this action proposed by Plaintiffs Vanecia Brown, Courtney Gordon, Sabrina Dennis, Roy Huskey, and Nicloe O'Neal (“Plaintiffs”) and Defendant Amazon is not in good faith. In the alternative, Syntruck asks for an order to stay the Settlement and grant a continuance to permit Synctruck to conduct discovery to properly evaluate the Settlement. For the following reasons, ...

Excerpt: ...nctruck to provide delivery services in California and Utah. The Plaintiffs are drivers employed by Synctruck, and allegedly by Amazon as a joint employer. A. Background and Settlement Terms The original complaint was filed by Brown and Gordon on December 10, 2018, raising class action claims on behalf of non‐exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, f...

Excerpt: ...h plaintiff was covered by a collective bargaining agreement. (Van Dam dec.) These agreements are attached as exhibits A, B and C to Van Dam's declaration and the Court references these agreements as A, B and C respectively. Ellis' employment was covered by agreement A, Shay's employment was covered by agreement C, and Treanor's employment was covered by agreements B and C. (Van Dam dec. ¶¶ 3‐9.) Agreement A includes an arbitration clause in ...

Excerpt: ...nt is granted. Accordingly, as there is no remaining basis for liability as to Defendant Walnut Creek, Defendant's motion for summary judgment is also granted as to Cross‐Complainant's Cross‐ Complaint for indemnity, contribution, apportionment, and declaratory relief. Factual Background This matter pertains to a car versus bicycle accident that occurred on August 23, 2019. On that date Togtokh (“Tommy”) Oyuntseren (hereinafter “Plainti...

Excerpt: ...property and (2) taking any action that may threaten the health of the mature cherry tree that is located at or near the border between the parties' residences. Defendants are not enjoined from taking down the existing fence and constructing a new fence on the legal boundary between the two residences, as shown on defendants' October 2022 survey. This aspect of the Court's ruling, however, is subject to the following limitations: • Defendants s...

Excerpt: ...A First Amended Complaint adding sex discrimination claims was filed February 27, 2020. A Second Amended Complaint was filed June 11, 2020, raising claims under PAGA. Ultimately, the allegations include non‐compliant meal and rest periods, waiting time, wage statement claims, and failure to pay wages claims. (The individual discrimination claims were dismissed on September 30, 2022.) Masterson filed a related complaint, which was consolidated w...

Excerpt: ...mplainant” or “Agra Tech”)'s First Amended Cross‐Complaint (“FAXC”). Cross‐Defendant Natura Management, LLC demurs to the causes of action for (2) negligent misrepresentation, (3) intentional misrepresentation, and (4) fraud. Cross‐Defendants Natura Management, LLC; Natura Development, LLC; Natura Cultivation, LLC; and Phoenix Development, LLC demur to the causes of action for (5) negligence, (6) implied indemnity, (8) equitable i...

Excerpt: ...s Song‐Beverly Consumer Warranty Act and the federal Magnuson‐Moss Warranty Act. The operative First Amended Complaint (“FAC”) alleges that on April 27, 2022 Plaintiff Shonte Herse purchased a 2019 Harley‐Davidson Touring Street Glide motorcycle from Defendant Harley Davidson Motor Company, Inc. and Does 1‐20. (FAC, ¶ 5.) Plaintiff alleges he received certain express and implied warranties from the manufacturer and seller of the vehi...

Excerpt: ...and Jack Herico bring this class action complaint against John Muir Health, which operates, controls, and manages three hospitals and several outpatient centers and urgent care facilities. Unbeknownst to Plaintiffs and John Muir Health's patients that use the website, John Muir implemented a tracking pixel designed to record and transmit their interactions with the website to Facebook. If the patient is also Facebook user, the tracking pixel is d...

Excerpt: ... Martinez, California 94553 ("Property"). For the reasons set forth, and subject to the conditions stated in this ruling, a preliminary injunction shall issue enjoining and restraining the conduct of the foreclosure sale against the Property. Among other conditions set forth below, this ruling is conditioned upon Plaintiff filing an executed version of his declaration dated November 28, 2022 filed in support of his Ex Parte Application, updated t...