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: ...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...