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

Excerpt: ...as not reached a final decision on this matter, but has provided a tentative ruling to assist the parties in preparing for argument. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 12/15/2022 4 Real Party In Interest Reabold California, LLC has two oil wells in the Brentwood oil field that produce 300 barrels of oil and 300 barrels of water per day. Currently, the water is...

Excerpt: ...ultiple defects in violation of express and implied warranties covering the car and that despite efforts to have the vehicle repaired at authorized Nissan repair facilities, the vehicle is still defective. (Def. RJN Exh. 1 [Compl. ¶¶ 7‐16].) Plaintiff's complaint alleges seven causes of action, including various violations of the Song‐Beverly Consumer Warranty Act, Civil Code section 1790 et seq. ("Song‐Beverly Act" for convenience) (1st�...

Excerpt: ...mber 19, 2020, raising claims under PAGA and 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, non‐compliant meal and rest periods, failure to provide reporting time, failure to reimburse employee expenses, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $1,715,000. The class represen...

Excerpt: ...round and Settlement Terms The original complaint was filed October 16, 2019, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid wages due to rounding and off‐the‐clock work, rest period and meal break violations, and unreimbursed business expenses. The settlement would create a gross settlement fund of $390,000. The class represent...

Excerpt: ...sons, the MJOP is granted, with leave to amend. Request for Judicial Notice Plaintiff's unopposed Request for Judicial Notice is granted. (Evid. Code §§ 452, 453.) Legal Standard The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) As a consequence, it may be granted if, from the pleadings, together with ma...

Excerpt: ...of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid overtime, rest period and meal break violations, and unreimbursed business expenses. The settlement would create a gross settlement fund of $1,520,000. The class representative payment to plaintiffs would be $5,000 each. Counsel's attorney's fees would be $532,000 (35%). Litigation costs would not exceed $55,000. The settlement administrato...

Excerpt: ...fy an award of fees for services rendered to her 1 The court very nearly denied this Motion in its entirety. As stated above, the court was under the apparently mistaken understanding that no fee declarations had been filed in support of the Motion at all, as stated in the court's tentative ruling that became the order of the court on October 27, 2022. Evidently, the fee Declaration of Carolyn Cain was filed on August 30, 2022, nine days before t...

Excerpt: ...40 rendered under California law. Prob. Code §§ 15681, 16423, 16247. In a proceeding to determine an award of fees, the court always has discretion in the exercise of its supervisory role over the administration of trusts to determine the reasonableness of fee requests. Donahue v. Donahue (2010) 182 Cal. App. 4th 259, 268‐270. II. TRUSTEE'S FEES Debra requests an order authorizing her to pay herself $13,250.00, for trustee's fees for the peri...

Excerpt: ...y the issues raised by the Court previously will be discussed. Responses to the Court's Inquiries: 1. “There is no estimate of the number of aggrieved employees involved.” The parties advise that there are eleven aggrieved employees. 2. “There is no assessment of the strengths and weaknesses of the case.” Counsel for plaintiff has provided a somewhat general, but sufficient evaluation of the case. 3. “There is no provision for follow up...

Excerpt: ... the Holders of WaMu Mortgage Passthrough Certificates, Series 2600‐AR14 (“Cross‐Defendant” or “U.S. Bank”)'s motion for judgment on the pleadings (“MJOP”). The MJOP relates to Cross‐Complainant Simone Braxton (“Cross‐Complainant” or “Braxton”)'s Cross‐ Complaint for (I) declaratory relief and cancellation of instruments, (II) prohibitive injunction, (III) mandatory injunction, (V) disgorgement, (alternative count VI...

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: ...nt at ¶ 2.) A. Litigation Background This particular case arises out of a nationwide class action complaint originally filed in the United States District Court for the District of New Jersey, titled Villalobos v. Volkswagen Group of America, Inc., No. 2:21‐cv‐13049‐JMV‐JBC (D.N.J.) on June 28, 2021, by Plaintiff Ricardo Villalobos. (Byrd Decl. at ¶ 7.) On August 9, 2021, Plaintiff Villalobos filed a First Amended Class Action Complaint...

Excerpt: ...elow, is granted, and Plaintiffs' individual PAGA claims are ordered to arbitration. The motion to stay action pending the decision on the motion is denied as moot. 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 May 15, 2022. The case management conferen...

Excerpt: ...21.5(b), i.e., whether “the necessity and financial burden of private SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 12/01/2022 30 enforcement…are such as to make the award appropriate[.]” To meet this test, a party must show that “the cost of the claimant's legal victory transcends his [or her] personal interest, that is, when the necessity for pursuing the lawsu...

Excerpt: ...nses. (An order after hearing was entered on August 17, 2022.) On August 7, 2022, plaintiff served supplemental responses, which ARAG asserts were still deficient. Further meeting and conferring resulted in further supplemental responses, which ARAG asserts still remain deficient. Evidentiary sanctions are appropriate where previous attempts at gaining compliance through orders to supplement have been ineffective, and the court must make such ord...

Excerpt: ...cedural Background This is a putative class action arising out of a data breach. (Complaint at ¶ 2.) Proposed Intervenor is a putative class member in this action. (Id. at ¶¶ 88, 89.) This case arises out of a nationwide class action complaint originally filed in the United States District Court for the District of New Jersey, titled Villalobos v. Volkswagen Group of America, Inc., No. 2:21‐cv‐13049‐JMV‐JBC (D.N.J.) on June 28, 2021 by...

Excerpt: ...aims on behalf of nonexempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum and overtime wages, failure to provide meal and rest breaks, failure to provide proper wage statements, failure to reimburse necessary business expenses, and failure to pay all wages due on separation. The complaint included PAGA claims, based on notices previously provided to the LWDA. A First Amended Complaint...

Excerpt: ... dismiss representative PAGA claims alleged in the Complaint is denied without prejudice. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 15, 2023. The case management conference presently set November 30, 2022 is vacated, and a new case management conference is set for 8:30 a.m. on April 28, 2023. The parties shall include with their case management conference statements a report on th...

Excerpt: ...”). For the following reasons, Defendant's Motion to Compel Arbitration, Dismiss Plaintiffs' Class Claims, and Stay Action is granted. Plaintiffs class claims are dismissed. This matter is stayed as to the individual causes of action pending resolution of the Parties arbitration of those claims. Factual Background Plaintiff Brett Roche was hired by Defendant as a Tow Service Driver in February 2020. He worked for Defendant until March 2021. Pla...

Excerpt: ...rsuant to the Arbitration Agreement. Plaintiff's representative PAGA claims are not dismissed but stayed pending arbitration. However, if the California Supreme Court issues a ruling in the interim, Defendant may revisit the ruling on the stay. (Review granted in Adolph v. Uber Technologies, Inc., Cal. Ct. App. Case No. G059860,) Background Plaintiff Laurie Johnson is a former employee of Defendant AmSpec, LLC, a New Jersey limited liability comp...

Excerpt: ...rden of proof on that issue. (Tech‐Bilt, Inc. v. Woodward‐Cycle & Associates (1985) 38 Cal.3d 488, 499 (“Tech‐Bilt”); City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261, 1264.) The party asserting that the settlement was not made in good faith must demonstrate that the settlement is “so far out of the ballpark in relation to [the Tech‐Bilt] factors as to be inconsistent with the equitable objectives of the stat...

Excerpt: ...ure to pay minimum wages and overtime, and cascading derivative violations. The total settlement payment is $25,000. This is composed of attorney's fees of $8,333. (onethird of the recovery), and a PAGA penalty of $16,667, of which $12,500.25 will be forwarded to the LWDA and $4,166.75, to be distributed to the aggrieved employees. Plaintiff also entered into a separate settlement of his individual claims, which is confidential. Counsel's motion ...

Excerpt: ...ve class consists of employees who directly provide those services. For the Court's October 20, 2022, calendar, the Court issued a tentative ruling identifying certain issues as to which it requested supplemental briefing. Plaintiff has now provided that information. A. Background and Settlement Terms The original complaint was filed on April 4, 2019, raising class action claims on behalf of nonexempt employees, alleging that defendant violated t...

Excerpt: ...nd 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, non‐compliant meal and rest periods, SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 JUDICIAL OFFICER: EDWARD G WEIL HEARING DATE: 11/03/2022 11 unreimbursed business expenses, failure to provide reporting time, failure to maintain payroll records, wa...

Excerpt: ...ants demur to the Cross‐Complaint in its entirety on the basis that it fails to state facts sufficient to state a cause of action (CCP §430.10(e).) Cross‐Defendants also demur to each of the above causes of action individually on the basis that they fail to state facts sufficient to state a cause of action (CCP §430.10(e).) For the following reasons, Cross‐Defendants' demur is sustained. Cross‐Complainants are granted leave to amend. Fa...

Excerpt: ...ment This a PAGA case, 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. Johnson filed his complaint October 11, 2019. On November 22, 2021, Johnson amended his complaint to add plaintiff Arreola and a claim for reporting time pay violations. action. Julian Smith filed a PAGA case against defendant in San Francisco ...

Excerpt: ...es, Contra Costa Regional Medical Center, and Stephen D. Weiss., M.D. (collectively, “Respondents”). SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/27/2022 23 For the following reasons, the Petition is denied. Factual Background On June 17, 2021, Dr. Weiss performed exploratory laparotomy and low interior colon resection on Petitioner at the Contra Costa Regional Medical Center. (Lehman Decl. at ...

Excerpt: ... 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, failure to provide meal and rest breaks, failure to provide proper wage statements, and failure to pay all wages due on separation. The complaint also raised PAGA claims, which had been raised in a notice to the LWDA. The settlement would create a gross settlement fund of $...

Excerpt: ...ound This action arises from a failed business partnership between Plaintiff Rajinder Singh and Defendant Gurpartap Randhawa in a trucking company called Star J. Trucking, Inc. (“Star J”). In his June 20, 2020 complaint, Plaintiff alleges he ran a successful trucking business operating out of the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/27/2022 10 Port of Oakland. After Defendant Gurpratap ...

Excerpt: ...xtent the motion seeks dismissal of the representative PAGA claims alleged in the Complaint. The Court further orders the action with respect to the representative PAGA claims shall be stayed until May 15, 2023. The case management conference presently set for December 12, 2022 is hereby vacated, and a new case management conference is set for 8:30 a.m. on April 28, 2023. The parties shall include with their case management conference statements ...

Excerpt: ...eparate from plaintiff's motion for preliminary of her wage‐and‐hour case and settlement (MSC20‐00462), initially set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020, raising class action claims on behalf of “all former and prospective applicants f...

Excerpt: ...he Fair Credit Reporting Act. (This class action concerning background checks is entirely separate from plaintiff's motion for preliminary of her wage‐and‐hour case and settlement (MSC20‐00462), set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020, ra...

Excerpt: ... COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/20/2022 6 is entirely separate from plaintiff's motion for preliminary approval of her other class action concerning background checks (MSC20‐00481), set for hearing on the same day.) Defendant develops and operates assisted living facilities, and plaintiff was employed as a server at one of those facilities. A. Background and Settlement Terms The original complaint was filed on March 4, 2020,...

Excerpt: ...s in need of assistance, and the putative class consists of employees who directly provide those services. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 10/20/2022 2 A. Background and Settlement Terms The original complaint was filed on April 4, 2019, raising class action claims on behalf of nonexempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay m...

Excerpt: ...ll & Bar (Walnut Creek), Food Specialists, Inc., and Valet Hospitality Services Jack London Square (“Scott's”). Both motions will be considered together. A. Background and Settlement Terms The original complaint was filed March 10, 2021, raising claims under PAGA and 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, con‐complian...

Excerpt: ...ely "Kejet") to Plaintiffs' Complaint. For the reasons set forth, the Court rules as follows: (a) general and special demurrers to the fourth cause of action against Kejet and Arlaud – overruled; (b) general and special demurrers to the fifth cause of action against Kejet and Arlaud – overruled; (c) general demurrer to 6th cause of action – sustained, with leave to amend. Factual Background Plaintiffs William Husler and Karen Husler purchas...

Excerpt: ...‐Co Jong are the parents of Ailee Jong, who died during a surgery at a John Muir facility on November 12, 2019. Plaintiffs are suing the Defendants for (1) Wrongful Death based on Murder, (2) Wrongful Death based on Involuntary Manslaughter, (3) Fraud and (5) Negligence, (6) Wrongful Death based on Medical Battery. Plaintiffs are bringing causes of action 1, 2, 3 and 6 pursuant to Code of Civil Procedure section 377.60. Plaintiffs are also brin...

Excerpt: ..., subdivision (a) provides: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon ...

Excerpt: ...exempt employees, alleging that defendant violated the Labor Code in various ways, including failure to pay minimum wage, failure to pay overtime, failure to provide meal and rest breaks, failure to provide proper wage statements, and failure to reimburse employee expenses. The settlement would create a gross settlement fund of $675,000. The class representative payment to the plaintiff would be $10,000. Attorney's fees would be $225,000 (one‐t...

Excerpt: ...at 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 various statutory and common law causes of action. The settlement would create a gross settlement fund of $300...

Excerpt: ...o grounds. First, Jones says that the arbitration agreement in this matter does not encompass the present dispute, because the agreement exempts PAGA actions. Second, he says that Gavriiloglou v. Prime Healthcare Mgmt., Inc. (4th DCA August 22, 2022) 2022 Cal.App.Unpub. LEXIS 805 (“Prime”) compels the Court to conclude that his PAGA action may not be divided into its constituent claims. Finally, Jones has asked the Court to stay this matter p...

Excerpt: ... the Court's possible ruling is provided below so that the parties may use it as a guide for oral argument. The Court has also identified particular areas of concern and questions that the parties may wish to address during oral argument: 1) The Court would like more information on the D‐1641 standard, including how that standard relates to a 5% salinity level in water. 2) Please address whether the EIR needed to consider the impact of salt acc...

Excerpt: ...emonstrating the existence of an agreement to arbitrate its dispute with plaintiff Landen Ely (“Ely”) because WCA2 had not shown that the arbitration agreement here was sufficiently similar to the agreement in Viking to compel a conclusion that Viking controlled the analysis. WCA2 timely contested the Court's tentative ruling, and the parties, represented by counsel, appeared and argued the matter. The Court solicited supplemental briefing an...

Excerpt: ...atter was continued more than once, another hearing was held, preliminary approval was granted on January 14, 2022. The interim steps in obtaining preliminary approval will not be discussed here. A. Background and Settlement Terms The original complaint was filed May 11, 2018. 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 ...

Excerpt: ...ey's fees and a representative incentive payment. A. Background and Settlement Terms Castellanos filed the original complaint on October 13, 2020, raising 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, non‐compliant meal and rest periods, unreimbursed business expenses, failure to maintain payroll records, waiting time, and wage ...

Excerpt: ...ce set for October 24, 2022 by no later than September 26, 2022. Background Plaintiff Equity Track, Inc. filed a complaint against defendant Johnny Jose Ramos asserting claims for specific performance based on breach of a contract to sell real property and damages for breach of contract. Based on the proof of service on file with the Court, Ramos was served with the summons and complaint and failed to timely respond. Plaintiff requested, and the ...

Excerpt: ...scretion to consider petitioners' late‐filed opposition memorandum. Petitioners' counsel is admonished to file all future papers in a timely manner. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 09/22/2022 5 B. The First Cause of Action. The First Cause of Action seeks a writ of mandate based on alleged violations of the California Environmental Quality Act (“CEQA”). On February 10, 2022, the Cou...

Excerpt: ...ate nuisance, (5) public nuisance, (6) declaratory relief. For the reasons set forth below, the Demurrer is sustained in part and overruled in part, as outlined below. The City is granted leave to amend. CRPC's request for judicial notice regarding the Antioch Municipal Code is granted. (Cal. Evid. Code § 452 (b), (c).) Factual Allegations On January 8, 1991, the City Council of the City of Antioch (“City Council”) granted a 25‐year Franch...

Excerpt: ...exempt employees alleging that defendant violated the Labor Code in various ways, primarily focused on the allegation that defendant paid sick leave at the base rate of pay instead of the regular rate of pay. The settlement would create a gross settlement fund of $3,250,000. The class representative payment to plaintiff would be $10,000. Counsel's attorney's fees would be $1,083,333.33 (one‐third of the settlement). Litigation costs would not e...

Excerpt: ...petition and complaint on June 7, 2021. They sued for (1) writ of mandate (fair hearing and failure to make findings supported by the evidence), (2) writ of mandate (Housing Accountability Act), (3) violation of Civil Rights (U.S. Constitution and 42 U.S.C §1983), (4) inverse condemnation (California Constitution) and (5) declaratory relief. The Court heard the writ claims first and issued a decision denying both writ claims on June 21, 2022. Th...

Excerpt: ... 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. The settlement would create a gross settlement fund of $400,000. The class representative payment would be $7,500 each, totaling $15,000. Counsel's attorney's fees would be $140,000 (35% of t...

Excerpt: ...lleging that defendant violated the Labor Code in various ways, all of which arose from underpayment of sick pay. The settlement would create a gross settlement fund of $95,000. The class representative payment to the plaintiff would be $10,000. Counsel's attorney's fees would 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 pen...

Excerpt: ... there is not an enforceable agreement to arbitrate. Rather, she has asked the Court to stay this matter pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc. (4th DCA April 11, 2022) 2022 Cal.App.Unpub.LEXIS 2170 (review granted July 20, 2022; 2022 Cal.LEXIS 4125.) (“Adolph”). The MTC is based on Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking”). The Court first examines that opinion. A...

Excerpt: ...agreement to arbitrate. Rather, she has asked the Court to stay this matter pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc. (4th DCA April 11, 2022) 2022 Cal.App.Unpub.LEXIS 2170 (review granted July 20, 2022; 2022 Cal.LEXIS 4125.) (“Adolph”). The MTC is based on Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking”). The Court first examines that opinion. A note here concerning the ter...

Excerpt: ...ion. (Mattco Forge v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1436.) Moreover, since Martinez was just decided in August, it does not explain the history of the discovery disputes. The Court will address the specific requests in dispute as follows: RFP Nos. 1, 3, 9, 10: Plaintiffs seek a format that is not locked and contains additional data points. The District contends, through the declarations of Kevin Rocap and Angelica Thomas, that so...

Excerpt: ...nt violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, off‐the‐clock work, non‐compliant meal and rest periods, unreimbursed business expenses, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $224,400. The class representative payment to the plaintiff would be $10,000. Counsel's attorney's fees would be $74,800 (one‐third of the settlement). Litigation co...

Excerpt: ...nt violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods (all primarily based on off‐the‐clock work), and waiting time and wage statement claims. The settlement would create a gross settlement fund of $726,600. The class representative payment to the plaintiff would be $5,000. Counsel's attorney's fees would be $242,000 (one‐third of the settlement). Litigation costs a...

Excerpt: ...breaks, failure to pay minimum wages and overtime, and cascading derivative violations. The complaint was filed March 9, 2021, initially as a class action. PAGA claims were added by a First Amended Complaint May 20, 2021, and the Court approved dismissal of the class and individual claims on June 7, 2021. The total settlement payment is $170,000. This is composed of attorney's fees of $56,666.66 (one‐third of the recovery), a ceiling on litigat...

Excerpt: ...misrepresentation, (3) intentional misrepresentation, (4) fraud, (5) negligence, (6) implied indemnity, (7) equitable indemnity, (8) comparative indemnity, (9) contribution, (10) declaratory relief, (11) violation of prompt payment act, (12) common counts—money paid, (13) quantum meruit, and (14) alter ego liability. Cross‐Defendant demurs to Cross‐Complainant's fifth, sixth, seventh, eighth, ninth, and tenth causes of action pursuant to Co...

Excerpt: ...ful death, (2) wrongful death based on negligent supervision, training discipline and retention, (3) Bane Act, and (4) negligent infliction of emotional distress. Negligent Hiring, Supervision, Training and Retention (C/A 2) and Bane Act (C/A 3) The Court previously found that Plaintiffs had not stated a claim as to negligent hiring, supervision, training and retention and as to the Bane Act claim. The Third Amended Complaint does not change the ...

Excerpt: ...wages and overtime, failure to reimburse business expenses, and cascading derivative violations. The total settlement payment is $215,000. This is composed of attorney's fees of $71,666.66 (one‐third of the recovery), $12,829.83 in litigation costs, and up to $4,500 in costs to the settlement administrator (Phoenix). PAGA penalties of $126,003.51 would be apportioned 75% to the LWDA SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA...

Excerpt: ...rest; (3) the party conferred a significant benefit, whether pecuniary or nonpecuniary, on the public; and (4) the necessity and financial burden of private enforcement makes an award appropriate. (1) Prevailing Party The Real Party in Interest prevailed in the case. A Real Party in Interest is eligible for fees as a prevailing party, if it meets the other statutory criteria. (Early v. Becerra (2021) 60 Cal.App.5th 726, 736.) (2) Public Interest ...

Excerpt: ...the submission of the motion, the parties submitted a declaration pursuant to Rule of Court 3.770 There are two claims against the State defendants in the Third Amended Complaint. The First cause of action is for violations of Education Code section 56000 (right to a Free and Appropriate Education), and alleges that the plaintiffs “suffer, will suffer, or have suffered, irreparable harm, including substantial losses of educational opportunities...

Excerpt: ... a motion for summary judgment. ProWest then made a Code of Civil Procedure section 998 offer for $159,000. Ultimately, the offer was accepted. Elite was a subcontractor of ProWest. Elite demanded payment, including from the surety, and was not paid. Elite filed a mechanics lien and subsequent suit. It filed a motion for summary adjudication. In addition, the property owner (San Ramon Owner) filed an action against ProWest, which resulted in ProW...

Excerpt: .... (Compl. ¶ 2.) She filed her complaint initiating this action on April 7, 2021, alleging a single cause of action under the Private Attorney General Act, Labor Code section 2699 et seq. ("PAGA") for violation of Labor Code section 2751(a). The complaint alleges that Broker violated Labor Code section 2751(a) by its failure to include or disclose its "lean in" policy affecting the employees' commissions. Defendant Broker filed its answer to the ...

Excerpt: ...of 5 Mile Road, which is located in El Dorado County. The accident occurred when Defendants vehicle made a left turn across US‐50, in front of Plaintiff's vehicle, resulting in a collision. Emergency medical attention was performed on location and at a local hospital in El Dorado County, and one of the Plaintiff was airlifted to a hospital in Placer County. Both Defendants are residents of Contra Costa County. All five Plaintiffs are residents ...

Excerpt: ...URT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 08/25/2022 decision Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 (“Viking”). Opposing the MTC, Ely contends (1) that the arbitration agreement in this case is materially different from the one at issue in Viking, such that Viking does not control the outcome here; and, (2) that WCA waived its right to seek arbitration in this matter. Requests for Ju...

Excerpt: ...). Each case alleges that defendant has violated various wage & hour requirements of the California Labor Code, and sues under the Private Attorneys General Act. On July 10, 2022, the Chief Justice, acting as Chair of the Judicial Council, assigned the determination of the petition to the Contra Costa Superior Court. On July 27, 2022, the Presiding Judge of this Court assigned this Court as the Coordination Motion Judge. Pursuant to Rule of Court...

Excerpt: ...s as follows: (a) PSG's motion to strike is denied in part, and denied in part as moot as set forth below; (b) Gamma Defendants' motion to strike is denied in part,, and denied in part as moot as set forth below, and granted in part only as to Prayer for Relief paragraph 2; and (c) PIIC's motion to strike is denied in part, and granted in part, as detailed in the ruling below. Legal Standards Applicable to Motion to Strike The Court may strike al...

Excerpt: ... 452(h).) Factual Background: Plaintiff Patrick Humphreys (“Plaintiff”) worked for Defendant Total‐ Western, Inc. (“Defendant”) from approximately November 2020 through March 1, 2021. He was a non‐ exempt Laborer, and a union employee. During his employment, Plaintiff was a member of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 1945 (the “Union�...

Excerpt: ...p, took him to the ground and tased him (twice). After a jury trial, the jury found for defendants on each cause of action. More specifically, Smith moves that the Court grant partial judgment in his favor on his claim for Battery and his claim under the Bane Act., on the ground that there is no substantial evidence to support the jury's verdict on either of these two claims. Facts: Parsley observed Smith driving too fast and recklessly through a...

Excerpt: ...d and Settlement Terms The original complaint was filed by Davis, Nelson‐Stark and Riley on March 29, 2019, under PAGA only, alleging only a claim for failure to provide suitable seating. On May 15, 2019, Clark filed a class action alleging various violations of wage and hour requirements, as well as a suitable seating claim. On January 3, 2020, Clark filed a First Amended complaint also adding a PAGA claim. That matter was removed to federal C...

Excerpt: ...information and makes its final ruling. (Part II.) I. Initial Tentative Ruling 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. Defendant provides medical care for elderly patients. The total settlement payment is $95,000. This...

Excerpt: ...ruled as to the Eighth Cause of Action for violation of the Unfair Competition Law. The demurrer is sustained without leave to amend as to all of the remaining causes of action that are the subject of the demurrer: the Second, Third, Sixth, Seventh, and Ninth through Twelfth Causes of Action. CCI shall file an answer on or before August 26, 2022. The basis for this ruling is as follows. 2nd C/A. The Second Cause of Action is for breach of the imp...

Excerpt: ...ners") against the California Department of Toxic Substances Control ("DTSC") and California Environmental Protection Agency ("CalEPA") as Respondents. HRP Campus Bay Property, LLC ("HRP" or "Developer") is named as the lead Real Party in Interest, in addition to other several other entities which have not appeared. Petitioners dismissed real party in interest Zeneca, Inc. For the reasons set forth, the Court requests further briefing on certain ...