Excerpt: ...cement (4) declaratory judgment; and (5) preliminary injunction. Plaintiff recorded a notice of Lis Pendens. Defendant filed a motion to expunge, and applied for an order shortening time for the hearing, which was granted without opposition. Plaintiff Joseph is the stepfather of defendant Scott, who is married to defendant Michelle (“Misti”). (First names are used for clarity, no disrespect is intended.) Joseph alleges that in 1998, he helped...

Excerpt: ...sented DBI in several matters, including one substantially related matter. Engeo's position in this case is adverse to DBI. The substantially related matter is Discovery Builders, Inc. v. DeSilva Gates Construction. (The Court reminds all counsel of the provisions of Rule of Court 3.1112(k), which state: “All references to exhibits or declarations in supporting or opposing papers must reference the number or letter of the exhibit, the specific ...

Excerpt: ... waiting time violations. The agreement, provides a settlement class consisting of non‐exempt employees employed from July 6, 2014, through the date of preliminary approval, and is estimated to include 163 potential members. A gross settlement of $825,000, non‐reversionary, will be paid to the Settlement Administrator. The employer's share of payroll taxes (not income tax withholding) on the wage portions of the payments will be paid by Defen...

Excerpt: ...r ease of reference, the Court refers to the complaint filed in Watts v. Syngenta AG, Contra Costa Case No. MSC19‐00637. The main Plaintiffs allege that they were diagnosed with Parkinson's Disease after using Paraquat. The Plaintiffs have sued Defendants for (1) strict products liability, (2) negligence, (3) nuisance, (4) California Consumers Legal Remedies Act and (5) breach of the implied warranty of merchantability. In addition to the main ...

Excerpt: ...rked, failure to pay overtime wages, failure to provide meal periods, waiting time penalties, failure to provide accurate wage statements, and failure to provide timely wage statements. The First amended complaint, filed August 7, 2018, added a cause of action for civil penalties under PAGA. The second amended complaint, filed October 22, 2019, after the settlement had been reached, added a cause of action for failure to provide rest periods. The...

Excerpt: ...tely identify the proper rate of pay when double overtime wages were paid. A. Terms of the Settlement. The gross settlement amount is $240,000. The settlement was negotiated with the assistance of an experienced mediator. Notice of the PAGA claims was provided to the Labor & Workforce Development Agency. The record now shows that notice of the settlement motion was provided to the LWDA on September 12, 2019. The LWDA has not responded. Plaintiff ...

Excerpt: ...ce Protection, Public Safety Enhancement, and Development Restriction Initiative (“Richland Initiative”). The motion is opposed by the City of Antioch (“City”), and by real parties in interest Richland Communities, Inc. a Florida corporation, and Richland Planned Communities, Inc., a California corporation (collectively “Richland”). The Richland Initiative includes a provision approving a development agreement between Richland and the...

Excerpt: ...quest for Judicial Notice Nelson seeks judicial notice of the complaint and answer on file in a separate, and apparently related case. The request is unopposed. It is granted. However, the Court notes that while it takes judicial notice of the existence of those materials and their contents, it does not take judicial notice of, or otherwise accept, the truth of the matters stated therein. Anti‐SLAPP Motion Deciding Nelson's motion potentially r...

Excerpt: ...f action are barred by the applicable statute of limitation (Code of Civil Procedure §§ 338(d) [fraud, three years]; 339(1) [breach of contract based on negligent misrepresentation, 2 years]; 337 [rescission, four years]). Initially, the Court notes that the parties did not completely comply with the meet and confer requirement of Code of Civil Procedure section 430.41(a). Defense counsel sent a meetand‐confer letter, but the statute requires...

Excerpt: ...Connie Schwendeman (“Plaintiff”). The FAC alleges causes of action for (1) failure to pay overtime (Labor Code §§ 510, 1194) (against Cross Country only); (2) failure to furnish accurate wage statements (Labor Code § 226) (against Cross Country only); (3) unfair business practices (Bus. & Prof. Code § 17200 et seq.) (against Cross Country only); (4) waiting time penalties (Labor Code § 203) (against Cross Country only); and (5) represent...

Excerpt: ...nts did not accurately identify the proper rate of pay when double overtime wages were paid. A. Terms of the Settlement. The gross settlement amount is $240,000. The settlement was negotiated with the assistance of an experienced mediator. Notice of the PAGA claims was provided to the Labor & Workforce Development Agency. The record does not show that notice of the settlement motion has been provided to the LWDA. Plaintiff estimates that there ar...

Excerpt: ...��complaint filed the by general contractor, Branagh Development. Colony filed an answer as an intervenor in this case. At the same time, CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/24/19 ‐ 5 ‐ Colony filed a cross‐complaint for indemnity, contribution and declaratory relief seeking indemnity and/or contribution from the general or various subcontractors. Victory demurred to Colony's cross‐complaint ar...

Excerpt: ...s worked, and other violations arising from those failures. A. Terms of the Settlement. The gross settlement amount is $305,000. The settlement was negotiated with the assistance of an experienced mediator. Notice of the PAGA claims was provided to the Labor & Workforce Development Agency. Notice of the settlement motion has been provided to the LWDA. Plaintiff estimates that there are 166 members of the class. The agreement contains a release, w...

Excerpt: ...indemnity, equitable indemnity, and contribution. For the following reasons, the MJOP is granted, with leave to amend. 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 matters that may be judicially noticed, it appears that...

Excerpt: ...ection 2698 et seq., are not subject to arbitration nor do civil penalties for unpaid wages constitute individual claims such that they should be severed for arbitration. I. Background Plaintiff, having provided notice of various Labor Code violations by defendants, brought this complaint under PAGA to seek civil penalties on a representative basis for defendants' Labor Code violations. As part of her employment, plaintiff agreed that “any and ...

Excerpt: ...th 1201, 1206; Pirjada v. Super. Ct. (2011) 201 Cal.App.4th 1074, 1087.) Given that the dismissal of the class claims is without CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 01/24/19 ‐ 2 ‐ prejudice, however, acceptance of the settlement on behalf of the individual plaintiff does not violate the duty toward the putative class. The difficulty here is that the section 998 offer specifically stated that plaintiff...

Excerpt: ...eclarations. Rather than file an answer in intervention, SMD intends to file a general appearance (which is commonly permitted in the Complex Litigation department), to be followed by a demurrer. Respondent City of Antioch does not oppose the motion. Petitioners Zeka Ranch, One, LLC and a number of related business entities (“Zeka Ranch”) oppose intervention on the grounds that (1) “sponsorship” of an initiative is not sufficient direct a...

Excerpt: ...rough sufficient declarations showing SMD's role in the drafting and support of the initiative. Rather than file an answer in intervention, SMD intends to file a general appearance (which is commonly permitted in the Complex Litigation department), to be followed by a demurrer. Respondent City of Antioch does not oppose the motion. Petitioner Oak Hill Park Company does not actually dispute that grounds for intervention are established, it instead...

Excerpt: ...�� under Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801, including “the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of meaning class action status through trial, the amount offered in settlement, the extent of discovery completed and the state of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction … to th...

Excerpt: ...heir allegations, and correct grammatical errors. Plaintiffs move pursuant to Code of Civil Procedure § 473 and 576, and Rule 3.1324 of the California Rules of Court on the grounds that Plaintiffs' investigation of previously unknown facts reveals that the notarized deeds of trust for some of the cross‐collateralized properties were altered by the inclusion of additional pages that changed the legal description after Plaintiffs executed them b...

Excerpt: ...class action status through trial, the amount offered in settlement, the extent of discovery completed and the state of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction … to the proposed settlement.” Because this matter also proposes to settle PAGA claims, the Court also must consider the criteria that apply under that statute. The Legislature's express command that PAGA settle...

Excerpt: ...ities in California at any time on or after March 2, 2013. Defendants OM Fitness, LLC and Pleasanton Fitness, LLC d/b/a Fitness Evolution (collectively “Defendants” or “Fitness Evolution”) opposes certification on two main grounds. First, Defendants argue that Ms. Rodriguez cannot represent the class because she settled all her claims in 2014 and because her claims are not typical as she was a “hybrid worker.” Second, Defendants make ...

Excerpt: ... of Plate Line Framers, Inc. (“Plate Line”). (FAC ¶ 4(g).) Miks contends that plaintiffs' allegations are uncertain and insufficient to constitute a cause of action. (See Code of Civil Procedure (“CCP”) § 430.10 (e)‐(f).) The tort liability of corporate officers and directors was explained in Frances T. v. Village Green Owners Assn. (1986) 42 Cal.3d 490, 503‐504: “It is well settled that corporate directors cannot be held vicariou...

Excerpt: ...lies on the findings in the first motion for summary judgment, that is, that Plaintiffs either made out a prima facie case of exposure to Defendants' benzenecontaining rubber solvent, Cooper 12101, or created a triable issue of fact as to this issue. BACKGROUND Randy was an employee for twenty‐three (23) years at the Cooper Tire Facility in Texarkana, Arkansas, where he was regularly exposed to “benny,” a benzene rubber solvent product, nam...

Excerpt: ...summary judgment. However, the subsequent notice of the actual date and time for the hearing filed October 17, 2018 only states that the City is moving for summary judgment. Further, neither defendants' Separate Statement nor their Memorandum of Points and Authorities establish any missing element or complete defense as to the RHA. The Opening Memorandum of Points and Authorities never argues that the RHA is entitled to judgment as a matter of la...