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...

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: ...”). 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: ... 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: ...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: ...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: ...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: ...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...