Excerpt: ...41. Petitioner has responded with broad‐based “objections” to the SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 07/28/2022 7 motion, most of which generally assert that she is the prevailing party, which is not disputed. For Line 5, Service of process, Eve Howard points out that there actually were other defendants, Paula Howard, Nicole Bradford, LeAndre Anthony Brown and Ryan Neal Brown who were...

Excerpt: ...ong Bancroft Road in Walnut Creek, California when she struck Plaintiff Togtokh Oyuntseren (“Plaintiff”) who was riding his bicycle along the Contra Costa Canal Trail where it crosses Bancroft Road. On January 4, 2018, Mr. Souja purchased the Subject Vehicle from CarMax Auto Superstores California, LLC, by entering into a Retail Installment Contract. (Undisputed Material Facts (“UMF”) No. 3.) Mr. Souja was the registered owner of the Subj...

Excerpt: ...at defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, failure to , maintain required records, failure to reimburse employee expenses, waiting time, and wage statement claims. On March 19, 2021, the court signed a stipulated order dismissing Plaintiff's class allegations without prejudice. The parties' moving papers state that a First Amended Complaint would be ...

Excerpt: ...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 representative payment to the plaintiff would be $5,000. Counsel's attorney's fees would be $571,666.66 (one‐third of the settl...

Excerpt: ...heir petition they shall notify all parties in writing by August 11, 2022. On June 30, 2022 the Court gave the State Defendants until August 5, 2022 to file their answer. The date is no longer practical and is vacated. If Plaintiffs do not amend their petition, the State Defendants now have until August 25, 2022 to file and serve their answer. If Plaintiffs amend their petition, the State Defendant's time to file and serve a responsive pleading s...

Excerpt: ...rules as follows: (a) general demurrers to 2nd, 7th, 8th, 9th, 10th, 15th, 16th, 17th, 19th, 20th, 21st, 21stA, 24th‐28th C/As – sustained with leave to amend; (b) general demurrer to 14th C/A – sustained, without leave to amend; (c) general demurrer to 29th C/A – sustained, without leave to amend, and without prejudice to Plaintiff filing a petition in probate; (d) general demurrers to 1st, 3rd‐5th, 11th‐13th, 18th, 22nd, and 23rd C/...

Excerpt: ...have been a result of the photograph quality along with the complaint being scanned to be filed electronically. Starting July 5, 2022, attorneys are responsible for scanning their documents and having them filed electronically. When amending their complaint Plaintiffs can ensure that the photographs attached to the first amended complaint are sufficiently clear. Defendants demur to each cause of action based on the failure to state facts sufficie...

Excerpt: ...ckground 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 fe...

Excerpt: ...Forth in Enforceable Contracts) Affirmative Defenses. For the following reasons, Plaintiffs' demurrer is sustained. Standard for Demurrer The standard for a demurrer to an answer is whether the answer states facts sufficient to constitute a defense. (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732.) A defendant must set forth only the “essential facts” of the affirmative defense, “sufficient to acquaint [plaintiff] with the ...

Excerpt: ...000. The class representative payment to each plaintiff would be $7,500. Counsel's attorney's fees would be $70,000 (35% of the settlement). Litigation costs would not exceed $10,000. The settlement administrator (Simpluris) would have costs of administration capped at $4,000. PAGA penalties would be $5,000, resulting in a payment of $3,750 to the LWDA and $1,250 to the class members. Thus, the net settlement amount available to the class would b...

Excerpt: ...ssession of personal property to be seized under the writ (CCP § 512.010(b)(1)); (2) “A showing that the property is wrongfully detained” (CCP § 512.010(b)(1)); (3) An explanation of how the possessor came into wrongful possession (CCP § 512.010(b)(2)); (4) “A [] description of the property and a statement of its value” (CCP § 512.010(b)(3)); (5) The location of the property (CCP § 512.010(b)(4)); (6) A declaration that the property ...

Excerpt: ...ered until Jun 30, 2021). Submission of a motion for final approval was further delayed by compliance issues, which culminated in a motion to enforce settlement by the plaintiffs, which was granted on February 3, 2022. A. Background and Settlement Terms The complaint was filed August 26, 2020, with only Torres as plaintiff. It is a class action complaint alleging that defendant violated the Labor Code by failing to include all discretionary incen...

Excerpt: ...�) together. The Agreement states that Defendant agreed to pay the $31,273.72 owed on Defendant's unpaid account as well as Plaintiff's court costs incurred as a result of filing the Agreement. (Agreement, ¶ 4.) Plaintiff alleges that Defendant did not make payments on this amount as agreed in the Agreement. (Points and Authorities in Support of Motion to Enforce Settlement, ¶ 4.) Plaintiff alleges that Defendant has only submitted $300 to date...

Excerpt: ...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‐ compliant meal and rest periods, unreimbursed business expenses, failure to maintain payroll records, waiting time, and wage statement claims. On November 13, 2020, the complaint was amended to add PAGA claims. On December 29, 2020, Montes filed a similar complaint, also in this...

Excerpt: ...and 2699. Defendant moves for judgment on the pleadings pursuant to Code of Civil Procedure (“CCP”) § 438 on the grounds that Labor Code § 2699.6(a) applies to exempt Defendant (a construction industry employer) from PAGA liability where there is a valid collective bargaining agreement (“CBA”) that explicitly waives PAGA. For the following reasons, the MJOP is denied. Evidentiary Objections As a threshold issue, the Court notes that a m...

Excerpt: ...are SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 39 HEARING DATE: 06/30/2022 5 tenants who operated a UPS Store in the Pinole Center. On July 27, 2020, ROIC sued them for breach of their lease ("Pinole Lease") based on nonpayment of rent. With leave of Court, Cross‐Complainants filed their original cross‐complaint on August 13, 2021. They alleged that ROIC violated a radius restriction in the Pinole Lease by ROIC ...

Excerpt: ...pplication is denied, without prejudice. Background Diane and Ronnie Mimran (collectively, “Plaintiffs”) purchased the home at 1531 Avenida Street, Nuevo Diablo, CA in 2009 from DF Harr. (FAC p. 6:8.) DF Harr had renovated the home before the sale to Plaintiffs. (FAC p. 6:4.) Plaintiffs and DF Harr signed a “California Association of Realtor's California Residential Purchase Agreement and Joint Escrow Instructions” (“Agreement”) in Ju...

Excerpt: ...fing. Ms. Conroy is now a plaintiff in the case, by virtue of an amended complaint approved by stipulation and order, entered by the Court on June 7, 2022. (Plaintiffs still must file the amended complaint as directed by the order.) Ms. Conroy filed a different PAGA action in Orange County Superior Court, which would be dismissed pursuant to the agreement. A. Background and Settlement Terms The original complaint was filed on March 13, 2019, rais...

Excerpt: ...as filed April 1, 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, non‐compliant meal and rest periods, unreimbursed business expenses, failure to provide reporting time, failure to maintain payroll records, waiting time, and wage statement claims. The settlement would create a gross settlement ...

Excerpt: ...laint, Prayer for Relief ¶ C: “pre‐ and”; AND • Complaint, Prayer for Relief ¶ D: entire paragraph. Plaintiff shall file her amended Complaint by July 5, 2022. Background Before the Court is a motion to strike portions of the Complaint (“Motion”) and a notice of demurrer (“Demurrer”) filed by Defendant Insight Global, LLC (“Defendant” or “Insight Global”). The Motion is pursuant to Code of Civil Procedure (“CCP”) § ...

Excerpt: ...he Property requiring extensive repairs, leading to a law suit against the structural engineer and contractor. A dispute then arose between the Parties, resulting in the current matter. During the course of the litigation, the Parties obtained a settlement regarding the structural repairs, made numerous repairs, and obtained an Appraisal ($1,190,000) and a Broker's Opinion ($850,000 ‐ $950,000) addressing the fair market value of the Property. ...

Excerpt: ...n begins September 6, 2019. Background to the Issue Plaintiff Taj Lockett was employed as a loan officer by Broker from April 20, 2020, to on or about December 9, 2020. (Compl. ¶ 2.) On March 1, 2021, she gave notice to the Labor and Workforce Development Agency ("LWDA") of her claim that Broker violated Labor Code section 2751(a) by its failure to include or disclose its "lean in" policy affecting the employees' commissions (the "LWDA Notice")....

Excerpt: ...plaint for (1) breach of contract; (2) breach of the implied warranty of merchantability; (3) breach of the implied covenant of good faith and fair dealing; (4) negligence; (5) breach of express warranty; (6) strict liability; (7) negligent misrepresentation; (8) unfair business practices (Bus. & Prof. Code 17200 et seq.); (9) rescission; and (10) restitution. The Complaint arises out of alleged construction defects with the property 1087 Leland ...

Excerpt: ...ithout leave to amend as to the Second, Third, Fifth, Sixth, and Seventh Causes of Action. The motion is granted with leave to amend as to the First Cause of Action. The motion is denied as to the Fourth Cause of Action. Plaintiff shall file any further amended complaint on or before July 1, 2022. The basis for this ruling is as follows. All Causes of Action. In any amended complaint, plaintiff shall comply with rule 2.112 of the California Rules...

Excerpt: ...eless, the parties have debated the cost issue. Cain filed her motion for costs prematurely, i.e., before judgment (and even before the final Statement of Decision). The Court of Appeal has held, however, that premature filing of a cost memorandum is not fatal to the memorandum, absent prejudice to the opposing party. (Lowry v. Port San Luis Harbor Dist. (2020) 56 Cal.App.5th 211, 221‐222. See also Laurel Hills Homeowners Assn. v. City Council ...

Excerpt: ...various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, unreimbursed business expenses, failure to provide reporting time, failure to maintain payroll records, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $567,875. The class representative payment to the plaintiff would be $10,000. Counsel's attorney's fees would be $189,291.67 (onethird of the settlem...

Excerpt: ...ichmond. Plaintiffs challenge Defendant Chevron's practice of scheduling refinery Operators for mandatory “standby” shifts and failing to pay the required reporting time pay. Standby shifts require Operators to be available for work at the refinery just like regular shifts, but were not compensated unless called in to work the shift. Motion Pursuant to Code of Civil Procedure §§ 473, 576, Plaintiffs seek leave to file a Second Amended Compl...

Excerpt: ...ndant's Petition is granted. Factual Background: Plaintiff Jarvis Jerry Youngblood (“Plaintiff”) worked for LRIM as a delivery driver from March 2021 to May 2021. Plaintiff only picked up and delivered packages within the State of California. Part of his work included delivering packages for Amazon. During the hiring process, Plaintiff electronically accepted and executed a separate arbitration agreement entitled “Mutual Agreement to Indivi...

Excerpt: ... management conference set for 8:30 a.m. will be held after oral argument on the writ claims. I. Background Petitioners and Plaintiffs Discovery Builders, Inc. and WCHB Development, LCC (“Petitioners”) filed this petition and complaint against the City of Brentwood and the City Council of the City of Brentwood (“Respondents”). Petitioners' claims against the individually named city council members were dismissed on July 20, 2021. Petition...

Excerpt: ...'s exposure and treatment. (Geise decl. ex. B.) “In determining whether to grant a motion based on forum non conveniens, a court must first determine whether the alternate forum is a ‘suitable' place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California. …[Citation.]” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) “On...

Excerpt: ...CCP”) §§1286.8 and 1286.6. For the following reasons, Defendants' Petition is granted. Plaintiffs' request to correct the award is denied. Analysis Timing Petition to Confirm the Arbitration Award The underlying arbitration award was issued and served on the parties on August 5, 2019. (Saberi Decl. Ex. B.) “A petition to confirm an arbitration award shall be served and filed not later than four years after the date of service of a signed co...

Excerpt: ...n is denied. The basis for this ruling is as follows. A. Summary of Ruling. Plaintiff's sole opposition argument is that the arbitration agreement is unconscionable. The Court finds that there is a modest degree of procedural unconscionability, and that one term, the discovery provision, demonstrates a high degree of substantive unconscionability. The Court further finds that the discovery provision is not severable. Accordingly, the arbitration ...

Excerpt: ...h XI, however, stipulations for orders must be submitted to the Complex Litigation Department Electronic Mailbox in accordance with the specific provisions of the order. As a result, the stipulation has not been reviewed or acted on, and will not be until it is properly submitted.) Ms. Conroy filed a different PAGA action in Orange County Superior Court, which would be dismissed pursuant to the agreement. A. Background and Settlement Terms The or...

Excerpt: ...nitially was heard on May 12, 2022, after which the Court continued the matter today and directed counsel to make a supplemental submission. 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‐compliant meal and rest p...

Excerpt: ...f less than $10 for cash, in violation of the “Gift Card Act,” specifically Civil Code section 1749.5(b)(2), and other authorities. BP sells gift cards redeemable at Arco gas stations in parts of California. It does not, however, own or operate the gas stations, but instead provides gasoline to them. The gift card program is not operated by BP, but by Tesoro Refining & Marketing Company LLC. A. Terms of the Settlement. BP will use its “best...

Excerpt: ...nt 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‐compliant meal and rest periods, unreimbursed business expenses, failure to provide one day of rest in seven, failure to provide reporting time, failure to maintain payroll records, waiting ti...

Excerpt: ...lidated for purposes of pretrial proceedings, filed by multiple homeowners against EBMUD and numerous other parties arising out of a landslide in March 2020. Though the cause of the landslide has not been determined, the landslide resulted in serious damage to the roadway of Tappan Terrace and affected at least seven properties on Tappan Terrace, Tappan Lane, and Ichabod Lane. (Am. Memo ISO Mot. pp. 5‐7.) Tappan Terrace property owners are memb...

Excerpt: ...e violations. Defendant provides medical care for elderly patients. The total settlement payment is $95,000. This is composed of attorney's fees of $31,666.66 (one‐third of the recovery), $10,063.84 in in litigation costs, and up to $4,200 in costs to the settlement administrator (Phoenix). PAGA penalties of $44,133.34 would be apportioned 75% to the LWDA and 25% to the aggrieved employees. Counsel's motion indicates that there are an estimated...

Excerpt: ...iff's argument that defendants have failed to adequately authenticate the employment agreement containing the arbitration clause defendants seek to enforce. Plaintiff's objections to the opening declaration of Michael James are sustained; Mr. James does not have personal knowledge that plaintiff signed the agreement, and does not attempt to authenticate the agreement as a business record. (See, Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.A...

Excerpt: ...ntwood facility near Los Angeles in September 2017, when she was 17 years old. Her employment with Westmont ended in May 2020. She filed this lawsuit in July 2021. The complaint makes class action allegations and pleads a single cause of action for violation of the Unfair Competition Law, Business & Professions Code section 17200, et seq. ("UCL") based on Westmont's alleged violation of numerous Labor Code statutes governing wages, hours, and oth...

Excerpt: ...inclined to grant the application, plaintiff neglects several statements from his declaration that are required, pursuant to Code of Civil Procedure section 484.020 (c)‐(e). (See Judicial Council Form AT‐ 105.) Background Plaintiff brought the complaint in this matter to recover money he invested with defendants in a failed business venture. Central to the dispute is a promissory note executed by plaintiff and each of the Gilads. After an app...

Excerpt: ... 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 representative payment to plaintiff would be $10,000. Counsel's attorney's fees would be $130,000 (one‐third of the settlement). Litigation co...

Excerpt: ...e 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 exceed $30,000. The settlement administrator (Phoenix) would cap...

Excerpt: ... to show the existence of disputes regarding material facts. Background This case stems from the death of a child, Angela Nguyen, who was hit and killed by an SUV in a mall parking lot upon returning to her family vehicle with her mother and little brother, on December 3, 2018. The child's mother, Mai Nguyen, as well as her brother Benjamin, represented by his guardian ad litem, Huong Thi Nguyen, and the girl's father, Quan Nguyen, filed this cas...

Excerpt: ...g the COVID pandemic. It did not allege the variety of other claims often found in PAGA cases. On June 28, 2021, a First Amended Complaint was filed, alleging a class action raising similar claims. (During the time in question, reimbursements were made, but issues remain concerning the amount and interest on delayed payments.) The settlement would create a gross settlement fund of $900,000. The class representative payment to plaintiff would be $...

Excerpt: ...n December 16, 2019. On November 24, 2020, a First Amended Complaint was filed, adding Ortega as a plaintiff. (Ortega had filed a PAGA action in Los Angeles, but he dismissed it.) The settlement would create a gross settlement fund of $1,380,000. The class representative payment to each plaintiff would be $10,000. Counsel's attorney's fees would be $460,000 (33 1/3% of the settlement). Litigation costs would not exceed $20,000. The settlement adm...

Excerpt: ...icable to this matter. Requests for Judicial Notice The requests for judicial notice are unopposed. The Court need not take judicial notice of the original complaint to discern the date of its filing; that information can be ascertained from the Court's own file. The Court grants judicial notice of the certificates of completion and the grant deeds for the limited purpose of identifying the dates the certificates were recorded, and for no other p...

Excerpt: ...have been filed and was never properly served on CrossDefendant and pursuant to CCP § 430.30(f) on the grounds that it is labeled as containing ten causes of action but appears to attempt to plead seven causes of action. For the following reasons, the Demurrer is overruled. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th ...

Excerpt: ...kground and Settlement Terms The original complaint was filed October 23, 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. The settlement would create a gross settlement fund of $750,000. The class representative payment to each plaintiff would be $7,500. Counsel's attorney's fees would be $250,000 (33 1/3% of the settlement). Litigation costs w...

Excerpt: ...amended cross‐complaint filed by Lucas Du and Mary Wong and the cross‐complaint filed by Hui Yong. Plaintiffs filed an opposition to this motion, but Du, Wong and Yong have not filed an opposition. Plaintiffs sued the District for nuisance (in various forms), inverse condemnation, dangerous condition of public property, trespass, diversion of water and declaratory relief (based upon the alleged nuisance and trespass). The District moved for s...

Excerpt: ...ound Plaintiff, Julian Hoffman, worked as a registered nurse for defendant hospital San Ramon Regional Medical Center and SRRMC Management, Inc., (collectively “defendants”) from June 2018 through May 2020. Both defendants are subsidiaries or affiliated entities with Tenet Healthcare Corporation, a network of hospitals. In his wage and hour class action complaint, filed in August 2021, plaintiff contends defendants violated various provisions...

Excerpt: ...Amended Complaint is lifted. The motion for sanctions is granted as requested, and Plaintiff is awarded $13,024.82 pursuant to Code of Civil Procedure section 1281.99(a), including $12,435.00 in attorneys' fees and $589.82 in costs. Background Plaintiff Mario Ramirez Lopez filed a class action complaint on behalf of himself and other similarly situated employees of E‐Tech alleging seven causes of action, including multiple violations of the Lab...

Excerpt: ...ame issues as the earlier productions, e.g., not including complete email threads. He argues that more meet and confer sessions will be needed. Defendant is ordered to provide complete responses within 30 days of this order. There also remains the issue of discovery of the current insurance policy. Defendant produced a policy that “was in effect for the relevant time period when Plaintiff filed his lawsuit.” Defendant asserts that this is the...

Excerpt: ...or Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. The total settlement payment is $500,000. This is composed in part of attorney's fees of $175,000 (35% of the recovery), $15,627.21 in litigation costs, and $5,000 in costs to the settlement administrator, Simpluris. A plaintiff's service award of $10,000 would be provided. The remainder of the payment, curre...

Excerpt: ...entures, LLC ("Creekside") seeks an award of monetary sanctions against attorneys representing defendants O.C. Jones & Sons, Inc. and 14 other defendants ("demurring defendants") and Intervenor Liberty Surplus Insurance Corporation appearing on behalf of its insured, Summit Plastering, Inc., a suspended corporation ("Liberty/Summit"). Plaintiff contends it should be awarded monetary sanctions under Code of Civil Procedure § 128.7 based on a gene...

Excerpt: ...IOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/07/22 ‐ 20 ‐ The City argues that all claims fail because of the failure to allege facts showing the violation of a mandatory duty. This argument appears most appropriately addressed towards the first and fourth causes of action for wrongful death and negligent infliction of emotional distress. The Court notes that in ruling on a demurrer in this case it found that the complaint a...

Excerpt: ...her PAGA‐only complaint. The Second Amended Complaint, filed June 21, 2021, included class action allegations, and added plaintiff Becerra. The settlement would create a gross settlement fund of $150,000. The class representative payment to each plaintiff would be $5,000. Counsel's attorney's fees would be $52,500 (35% of the settlement). Litigation costs would not exceed $10,000. The settlement administrator (Phoenix) would cap its costs at $5...

Excerpt: ...ment 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, failure to provide a safe working environment, and cascading derivative violations. Defendant operates a manufacturing facility at which Ticas worked until May of 2020. The total settlement payment is $125,000. This is composed in part of attorney's fees of $4...

Excerpt: ...ction. The Court reminds the parties to comply with the formatting requirements for legal memoranda. (See Cal. Rules of Court, rule 3.1113, subd. (d) [page limit] and subd. (f) [tables required for memoranda over 10 pages].) For the reasons explained below, the Court rules as follows: 1. As to the First Cause of Action for Slander of Title, the Court overrules the demurrer. 2. As to the Second Cause of Action for Constructive Fraud, the Court sus...

Excerpt: ...ound Plaintiff Creekside Walk Ventures, LLC ("Creekside") alleges it is the owner of an apartment complex in El Cerrito known as Creekside Walk Apartments (the "Project"). On May 2, 2019, Creekside filed suit against the general contractor for the Project, Arbor Building Group, Inc., initiating in this Court the case Creekside Walk Ventures, LLC v. Arbor Building Group, Inc., et al., MSC19‐ 00881 ("Creekside 1 "). (Defs. RJN‐1.) The Creekside...

Excerpt: ...of action is overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/24/22 ‐ 2 ‐ Factual Background Plaintiffs purchased a single‐family residence located in San Ramon from defendants Kumar Muthukumar and Ushu Muthukumar. (FAC ¶¶ 11, 13.) Defendant Serafino Bianchi was a licensed real estate agent who was the listing agent for the sellers. FAC ¶ 13.) Plaintiffs allege that after they purchased the prop...

Excerpt: ...er decision, or the verdict or other decision is against law.” (Code of Civil Procedure § 657(6).) Section 657 applies to writ proceedings. (Code Civ. Proc., § 1110.) ADUs Real Parties and Respondents argue that the ADUs will be included in the same footprint as the single‐family homes and are not intended to function as a separate household. The Court previously considered that the ADUs will be in the same footprint as the single‐family ...

Excerpt: ...tion. Plaintiff Keaton Hall (“Hall”) opposes. He contends that AAA NCNU has failed to meet its burden of demonstrating the existence of an agreement to arbitrate this controversy. Existence of an Agreement to Arbitrate The right to compel arbitration depends on the existence of an agreement to arbitrate. (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1128.) AAA NCNU bears the burden of proving the existence of an arbitration agreem...

Excerpt: ...endangered, rare, or threatened species.” In making its decision, the Court considered the entire property as the Project Site. Real Party filed a motion for a new trial in which Respondents joined. The key issue in this motion is whether the Project Site should be the entire property or just the new building footprint. Real Party argues that the recently published opinion, Protect Tustin Ranch v. City of Tustin (2021) 70 Cal.App.5th 951, provi...

Excerpt: ...n the same day the case was filed. Defendant's default was taken on January 27, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/17/22 ‐ 9 ‐ Less than a week after his default was entered, on February 2, 2022, defendant filed this motion pursuant to Code of Civil Procedure section 473(b). Defendant states he and plaintiff were married and co‐habitated as a couple for more than a decade before filing for...

Excerpt: ...ally on the ground that Favro's costs are not apportioned among the parties. MOFD asserts that it should have a judgment entered only for its proper share. Morris contends that since the jury reached no verdict as to her, she is not responsible for any part of the costs. All plaintiffs object to the costs associated with CalTrans, which settled out of the matters long before trial. The moving parties also object to various specific items of the c...

Excerpt: ...then submitted an ex parte request to file a second amended petition. Petitioners did not file an opposition to the demurrer, but by attempting to amend their petition the Court understands that Petitioners may oppose this demurrer. Respondents' demurrer to the claims based on the Downtown Martinez Jail Demolition Project and the County Administrative Building are sustained. As explained below, challenges to those projects are time‐barred. It s...

Excerpt: ...d plaintiffs' failure to first seek leave to substitute Does. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/10/22 ‐ 2 ‐ At the initial hearing on the motion, plaintiffs were given leave to submit a supplemental declaration and Union Oil was permitted to file a response. The motion is now denied. Union Oil has not shown plaintiffs or their counsel knew Union Oil manufactured the solvents used at plaintiff's w...

Excerpt: ...et al., and related cross‐actions, Case No. MSC20‐01714 ("Bennett Action"), now consolidated for discovery and pre‐trial proceedings with Case No. MSC20‐01593. For the reasons set forth, the motion is granted, with leave to amend. Factual Background On March 11, 2020, an East Bay Municipal Utility District ("EBMUD") water line broke causing water to flow down Tappan Terrace located in a residential neighborhood in Orinda. (FAC ¶ 25.) The...

Excerpt: ...ilure to provide a safe working environment, and cascading derivative violations. Defendant operates a manufacturing facility at which Ticas worked until May of 2020. The total settlement payment is $125,000. This is composed in part of attorney's fees of $41,662.50 (one‐third of the recovery), $11.803.04 in in litigation costs, and $3,500 in costs to the settlement administrator. A plaintiff's service award of $7,500 would be provided. PAGA pe...

Excerpt: ...ff's Complaint on the grounds that Labor Code § 2699.6(a) applies to exempt Defendant (a construction industry employer) from PAGA liability where there is a valid collective bargaining agreement (“CBA”) that explicitly waives PAGA. In the alternative, Defendant requests abatement pursuant to CCP § 430.10(c) on the grounds that there is another action pending between the same parties on the same cause of action (case no. C21‐01735, remove...

Excerpt: ...side legal counsel prior to the March 9, 2021 City Council meeting, which allegedly concluded that council member Jovita Mendoza did not have a conflict of interest. Petitioner requested each of these categories be included in the City's administrative record to be produced for this case, but the City declined. Ordinarily, a case such as this is decided only based on the record before the agency. (Western States Petroleum Assn. v. Superior Court ...

Excerpt: ...bligated to file a responsive pleading, no default shall be taken against the DOE defendants, and no discovery shall be initiated by or against the DOE defendants, absent further court order. The existence of a stay pending arbitration does not oust a trial court of its inherent judicial power “[t]o amend and control its process and orders so as to make them conform to law and justice.” (Code Civ. Proc., § 128, subd. (a)(8). Cf. Pinela v. Ne...

Excerpt: ...eight, arguing that the Court lacks jurisdiction and that each claim fails to allege facts sufficient to constitute a cause of action. The Court refers to the original pleading in this case as the “Petition” since the document is called a petition and complaint. The Court refers to the parties as Plaintiffs and Defendants as that is how the parties are discussed throughout the Petition. California Rules of Court, Rule 2.112 The District argue...

Excerpt: ...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 wages, and cascading derivative violations. Defendant operates a single El Pollo Loco franchise. The total settlement payment is $65,000. This is composed in part of attorney's fees of $22,750 (35% of the total recovery), $2,500 in litigation costs, and up to $7,500 in costs to the settlement admi...

Excerpt: ...dgment against defendant, on the First Cause of Action for breach of contract, in the total sum of $23,125,538. The Court denies summary adjudication of Issue No. 3 on the following grounds. A‐1. Lack of Admissible Evidence. Plaintiff has not supported its motion with admissible evidence, based on the evidentiary rulings set forth in Part C below. For example, plaintiff has not properly authenticated the Excel spreadsheet that assertedly establ...

Excerpt: ...alleges one claim for negligence against Dr. Tsai for his negligent repair of the injuries to Mr. Menendez's left eye and negligent post‐operative treatment that resulted ultimately in Mr. Menendez's loss of vision in his left eye. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/17/22 ‐ 12 ‐ Legal Standards for Ruling on Defendant's Motion for Summary Judgment Under Code of Civil Procedure § 437c(c), a moti...

Excerpt: ...under Code of Civil Procedure 404.1‐404.9 and Rule of Court 3.504 allow the court discretion in granting a motion for trial preference under Code of Civil Procedure section 36 has been raised. This Court ruled that it had some discretion, and the Court of Appeal denied plaintiff's petition for writ of mandate. (Isaak v. Superior Court (2022) 73 Cal.App.5th 792.) Because these motions were filed before the decision, plaintiffs did not have the b...

Excerpt: ...ent 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. The total settlement payment is $140,000. This is composed in part of attorney's fees of $46,662 (one‐third of the total recovery), $2,202.69 in litigation costs, and $3,200 in costs to the settlement administrator, Simpluris. Plaintiff also seeks an award of $1,400 as a representative service award. ...

Excerpt: ...sed meal periods and rest breaks in violation of California law. Plaintiff also alleges Defendant failed to pay minimum wage, failed to pay all wages with any permissible time, failed to provide complete or accurate payroll records, and failed to reimburse all necessary business‐related expenses and costs. Demurrer Pursuant to Code of Civil Procedure §§ 430.10(e)‐(f) and 430.30, Defendant Imperial Parking (U.S.) LLC demurs on four separate ...

Excerpt: ... (2) premises liability, (3) intentional infliction of emotional distress, (4) sexual battery (Civ. Code § 1708.5); (5) Ralph Act violation (Civ. Code § 51.7); (6) fraud, intentional misrepresentation, concealment, false promise; and (7) fraudulent and unfair business practices (Bus. & Prof. Code §§ 17200, et seq.). Plaintiff Jane Doe #2 and Plaintiff Jane Doe #24 bring causes of action one through seven; Plaintiff Jane Doe #32 brings only ca...

Excerpt: ...s Labor Code provisions pursuant to the Private Attorney Generals Act (“PAGA”), California Labor Code §2698 et seq. Defendant also asks the court to take judicial notice of four unreported cases as well as Senate Bill 796 (2013) (Exs. A‐F). As set forth below, Defendant's motion to strike is granted in part and denied in part. The request for judicial notice is granted, with the limitations referenced below. Plaintiff's request for leave t...

Excerpt: ...greement and preliminary approval order is granted; (2) the hearing on the final approval of the settlement is continued to 9:00 a.m. on May 12, 2022; and (3) Plaintiffs' request for an award of attorneys' fees and costs is granted as requested in the amount of $13,635.00. Counsel for Plaintiffs shall prepare and submit an appropriate order reflecting this ruling and setting forth updated deadlines for Arch to approve the Settlement Administrator...

Excerpt: ...ss settlement fund of $200,000. The class representative payment to each plaintiff would be $7,500. Counsel's attorney's fees would be CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/03/22 ‐ 5 ‐ $70,000 (35% of the settlement). Litigation costs would not exceed $10,000. The settlement administrator (Simpluris) would have costs of administration capped at $4,000. PAGA penalties would be $5,000, resulting in a p...

Excerpt: ...ally on the ground that Favro's costs are not apportioned among the parties. MOFD asserts that it should have a judgment entered only for its proper share. Morris contends that since the jury reached no verdict as to her, she is not responsible for any part of the costs. All plaintiffs object to the costs associated with CalTrans, which settled out of the matters long before trial. The moving parties also object to various specific items of the c...

Excerpt: ... or before February 18, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/03/22 ‐ 8 ‐ Case Background Plaintiff ROIC owns a commercial shopping center in Pinole ("Pinole Center"). Defendants/Cross‐Complainants are tenants who operated a UPS Store in the Pinole Center. On July 27, 2020, ROIC sued defendants for breach of their lease based on nonpayment of rent. The complaint attaches a copy of the lease a...

Excerpt: ...eek's motion to strike is denied. Defendant's unopposed request for judicial notice is granted. Defendant shall file an answer on or before February 16, 2022. A. The Relief Defendant Seeks. The Court notes the comparatively narrow scope of the relief sought in defendant Walnut Creek's motion. The relief sought is limited as follows. First, defendant Walnut Creek has brought only a motion to strike; there is no companion demurrer. Accordingly, def...

Excerpt: ...t McBride, and he was released. The next morning, McBride murdered Franklin. Plaintiffs allege that the officers failed to perform specified mandatory duties in addressing the incident, resulting in Franklin's death. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 01/27/22 ‐ 2 ‐ Plaintiffs have filed this Pitchess motion in order to obtain information from the Internal Affairs Division investigation concerning th...

Excerpt: ...meal breaks, failure to pay wages, and derivative violations. Defendant operates a single El Pollo Loco franchise. The total settlement payment is $65,000. This is composed in part of attorney's fees of $22,750 (35% of the total recovery), $2,500 in litigation costs, and up to $7,500 in costs to the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 01/20/22 ‐ 13 ‐ settlement administrator, ILYM. (ILYM currently est...

Excerpt: ...0 days of the date of this hearing. Background Plaintiffs Alamillo Rebar, Inc. and 361 West Channel Road, LLC sued Janice Alamillo (Janice) for (1) intentional interference with contract, (2) breach of fiduciary duty (ARI), (3) breach of fiduciary duty (LLC), (4) slander of title, and (5) injunctive relief. Janice filed a special motion to strike the complaint, including all causes of action. Analysis "Anti‐SLAPP motions are evaluated through a...

Excerpt: ...claims is granted. The motion to stay the proceedings in this action is granted in part. The PAGA claims asserted in the eighth cause of action of Plaintiff's First Amended Complaint shall be stayed until the arbitration proceeding on Plaintiff's individual claims is fully resolved or November 1, 2022, whichever occurs first. Background Defendant E‐Tech designs, develops and builds clean energy telecommunications and transportation infrastructu...

Excerpt: ...ion 474, and plaintiffs' failure to first seek leave to substitute Does. The motion is granted. Union Oil has shown plaintiffs' counsel had knowledge of sufficient facts to cause a reasonable person to believe liability is probable, with respect to whether Union Oil supplied solvents to plaintiff's place of employment. Background The lawsuit arises from plaintiff, J.D. Ford's diagnosis of lymphoplasmacytic lymphoma, a type of non‐Hodgkin's lymp...

Excerpt: ...denied in part, and granted in part, with leave to amend, as detailed in the ruling below. Legal Standards Applicable to Motion to Strike The Court may strike allegations that are “irrelevant, false or improper matter” or any portion of a pleading "not drawn . . . in conformity with the laws of this state." (Code Civ. Proc. § 436(a) and (b).) Defendants' motion is made on the ground the allegations they seek to strike "request[] relief not s...

Excerpt: ...ulation and was added as ZOE 7 by a DOE amendment on August 27, 2021. (American National will be referred to as Coast.) Coast was served with the summons and cross‐ complaint on September 14, 2021. Coast now seeks to dismiss the cross‐complaint against it pursuant to Code of Civil Procedure section 583.420(a)(1) based on the failure to serve it with the summons and complaint within two years. Branagh's opposition was filed late. California Ru...

Excerpt: ...wer on or before December 27, 2021. Background On July 12, 2018, plaintiffs filed a complaint against Danville for damages due to alleged contamination (trespass) on and in the vicinity of plaintiffs' property. The substances complained of are hazardous, implicating various federal statutes aimed at pollution control. On September 7, 2018, Danville cross complained against several cross‐ defendants including the Estates, setting forth 13 causes...

Excerpt: ...g Ortega as a plaintiff. (Ortega had filed a PAGA action in Los Angeles, but he dismissed it.) The settlement would create a gross settlement fund of $1,380,000. The class representative payment to each plaintiff would be $10,000. Counsel's attorney's fees would be $460,000 (33 1/3% of the settlement). Litigation costs would not exceed $20,000. The CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 12/16/21 ‐ 7 ‐ se...

Excerpt: ...ller, an attorney, was negligent in his representation of Vannucchi in a separate unlawful detainer proceeding. Preliminary Matters Judicial Notice Supporting the demurrer, Miller asks the Court to take judicial notice of several matters: (1) the unlawful detainer complaint in case number MS19‐0812; (2) title search records related to Vannucchi's former residence; (3) a proof of service purporting to show the various notices given related to th...

Excerpt: .... Feng (in his official capacity as Presiding Judge of the Superior Court), and T. Michael Yuen (in his official capacity as Chief Executive Officer of the San Francisco Superior Court), have violated relevant provisions of the Penal Code by failing to provide necessary priority to the conduct of criminal trials. In general, Petitioners allege that that there is a “humanitarian crisis in San Francisco's criminal legal system.” More specifical...

Excerpt: ...elates to the petitions filed by City of Vallejo and the Solano County Water Agency. The petitions brought by the Reclamation District and the Central Delta Water Agency are not subject to this motion (likely because those parties named Ecosystem as the Real Party in Interest). In this ruling, “Petitioners” refers to in the City of Vallejo and Solano County Water Agency and “Petitions” refers to their petitions, which are nearly identical...

Excerpt: ...29 by December 9, 2021. Please see the disposition at the conclusion of this ruling for additional details. Factual Background At issue in the motion is a pending sale of the real property located at 361 West Channel Road, Benicia, California ("Property"). The Property is owned by and titled to 361 West Channel Road, LLC (the "LLC" for convenience). (Joe Alamillo Decl. ¶¶ 3, 18, and Exh. E [title report].) The LLC agreed to sell the Property to...