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: ...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: ... 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: ...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: ...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: ...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: ..., 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: ...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: ...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: ... 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: ... 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 ...