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: ...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...