Excerpt: ...ing and retention and (2) general negligence against Defendant Brian Goldman, MD, a Medical Corporation (“Goldman Inc.”). For the following reasons, Hanover's MSJ is granted. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 12/02/21 ‐ 2 ‐ At the outset, the Court also notes several defects with respect to Plaintiffs' opposition papers. First, the opposition exceeds the 20 page limit of Rule 3.1113(d) without l...

Excerpt: ... does not state facts sufficient to constitute a cause of action; or the pleading is uncertain or ambiguous. (Code Civ. Proc., § 430.10, subds. (d‐f). The trial court is required to assume the truth of the allegations. Quelimane Company, Inc. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. A demurrer for uncertainty lies when “the pleading is so incomprehensible that a defendant cannot reasonably respond.” Lickiss v. Financial Indu...

Excerpt: ...ehalf of themselves and as proposed class representatives alleging violations of the Industrial Welfare Commission ("IWC") Wage Order No. 1‐2001, the California Labor Code, and the Unfair Competition Law, Business & Professions Code § 17200 ("UCL"), and a fifth cause of action for civil penalties under Labor Code §§ 2698, et seq., the Private Attorney General Act ("PAGA"). Defendant MRC's general demurrer challenges only the fifth cause of a...

Excerpt: ...an 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 Court, a Second amended Complaint was filed, and the case was remanded to this court. The two cases were consolidated, by sti...

Excerpt: ...�� among other things. A. Background Of course, the parties are familiar with the claims raised in the case, but the relevant facts warrant restating. Petitioners own a large tract in the Bollinger Canyon area of Moraga, which they have sought to develop with housing for decades. This effort was hampered by the fact that the Town's General Plan identified the property as a “study area,” as opposed to a more specific designation, e.g., housing...

Excerpt: ...alue of 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 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 ef...

Excerpt: ...personal jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause of the federal Constitution if the defendant has such minimum contacts with the state that the assertion of jurisdiction does not violate "'traditional notions of fair play and substantial justice.'" (International Shoe Co. v. Washington (1945) 326 U.S. 310, 316 . . .) (Vons Companies, I...

Excerpt: ...uring 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 CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 11/18/21 ‐ 17 ‐ 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 woul...

Excerpt: ...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 would not exceed $25,000. The settlement administrator (Simpluris) would cap its costs at...

Excerpt: ... the duty to pay the costs, or in the alternative, an extension of time. Background A short chronology of the case may be helpful. On April 26, 2017, Respondent certified an Environmental Impact Report under CEQA for the demolition of the old county jail, located in downtown Martinez. The project was related to a number of activities that composed the County's Civic Center revitalization project. Although the EIR was certified, the County did not...

Excerpt: ...nson brings this action on behalf of himself, the State of California, and other current and former employees who worked for Defendants, Equity Residential Services, LLC, Equity Residential Services II, LLC, and Equity Residential Management LLC. Plaintiff was as an hourly paid, non‐exempt Leasing Consultant from approximately August 2016 through August 16, 2018. Plaintiff allege various Labor Code violations, except reporting time violations. ...

Excerpt: ...ss action complaint alleging that defendant violated the Labor Code in various ways. Additional claims, and plaintiff Becerra, were added by a Second Amended Complaint filed June 21, 2021. 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 ad...

Excerpt: .... Green's mistake, inadvertence, surprise, or excusable neglect pursuant to Code of Civil Procedure § 473(b). Mr. Green acknowledges he was served with the summons and complaint in September 2020. (R. Green Decl. p. 1, ll. 26‐27.) He communicated with counsel for Plaintiff after receiving the complaint and understood that if Mr. Green evicted his tenant defendant Chris Davidson, Mr. Green would not have to "worry about" the lawsuit. He deferre...

Excerpt: ...Court finds that this argument lacks merit. In the Court's minute orders of August 15 and September 12, 2019, confirmed in a formal order filed on October 1, the Court did not declare the 2019 arbitration agreement a nullity. To the contrary, the challenge the Court faced was precisely that the 2019 arbitration agreement was in effect — and, as the Court determined at the September 12 hearing, was not unconscionable. The Court was thus required...

Excerpt: ... filed by Petitioners AFSCME Local 2703, Merced County Sheriff's Employees Association (an affiliate of Teamsters Local 856), Mary McWatters, and Jeffrey Miller; and (4) a motion to enter a stipulated judgment filed in the Contra Costa County ERA case by Ken Westermann, Sean Fawell, the Contra Costa County Deputy Sheriff's Association, and the United Professional Fire Fighters of Contra Costa County, Local 1230. On September 11, 2020, the First D...

Excerpt: ...ls gift cards redeemable at Arco gas stations in California. It does not, however, own or operate the gas stations, but instead provides gasoline to them. A. Terms of the Settlement. BP will use its “best efforts to provide written notice to its ARCO‐branded dealers and operators of stations” in 43 specified northern California counties that “any gift certificate with a cash value of less than ten dollars is redeemable in cash for its cas...

Excerpt: ... of costs is defined in Code of Civil Procedure section 1032(a)(4), which provides, in part, “If any party recovers other than monetary relief and in situations other than as specified, the ‘prevailing party' shall be as determined by the court, and under those circumstances, the court in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides[.]” While there are a number ...

Excerpt: ... Ford and Pamela Thurman‐Ford, oppose the motion, arguing CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/14/21 ‐ 7 ‐ Chevron has not met its burden. Because Chevron has not sufficiently shown California to be inconvenient, and Texas a more appropriate forum, the Court denies the motion. Background This case arises from plaintiff J.D. Ford's diagnosis of lymphoplasmacytic lymphoma, a type of non‐Hodgkin's ...

Excerpt: ...e case in order to justify the settlement amount. Second, the Court is concerned about the installment provisions. Installment payments create a risk of non‐payment, and increase the likelihood that some class members will not be found. Accordingly, a justification should be provided for the delay. (If it requires the provision of confidential business information, an appropriate application under CRC 2.550 can be made.) The Court has noticed t...

Excerpt: ...ms The original complaint was filed October 4, 2019. It is a class action complaint alleging that defendant violated the Labor Code by underpaying overtime to traveling healthcare staff, by excluding per diem benefits and non‐discretionary bonuses from the determination of the rate of pay. The First Amended Complaint, filed February 25, 2021, added allegations under PAGA. The settlement would create a gross settlement fund of $250,000. The clas...

Excerpt: ...d 10th causes of action, inclusive, are sustained, with leave to amend. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/14/21 ‐ 11 ‐ Factual Background Plaintiff alleges that she is a former employee of Golden State Defendants. (FAC ¶¶ 24, 25.) She alleges she was employed by Defendant in California from "approximately April 2019 to approximately November 2019." She alleges a class action as well as individu...

Excerpt: ...Terms CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 3 ‐ The original complaint was filed July 9, 2019. It is a class action complaint alleging that defendant violated the Labor Code by filing to provide meal and rest periods, unpaid “off the clock” work, failure to pay minimum wage, overtime pay, and premium pay, and failure to provide wages when due. In addition it alleges that defendant violate...

Excerpt: ..., 2022, at 8:30 a.m. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 13 ‐ Respondents demur to cause of action one. Cause of action one for a writ of mandate is based on two alleged errors: (1) failure to provide a fair and impartial hearing due to bias of two city councilmembers and (2) failure to make findings that are supported by the evidence (i.e. failure to comply with Topanga Ass'n for a Scenic ...

Excerpt: ...tion, without leave to amend, and CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/07/21 ‐ 10 ‐ otherwise overruled. Defendants shall file and serve their answers on or before October 18, 2021. Background Plaintiff claims defendants, who operate jointly (Complaint, ¶¶8‐14), induced her to enter into a contract to purchase a cryptocurrency “mining rig” for the purposes of mining Ethereum, and for necessa...

Excerpt: ... of it. Plaintiff alleges that her husband, decedent Luciano Susino, was exposed to asbestos between 1978 and 1980 on ships owned by defendant Texaco and that in December 2017 he was diagnosed with mesothelioma, from which he died on March 5, 2018. (See Opp., p. 8, fn. 3.) Plaintiff filed suit nearly three years later, on March 3, 2021. The Jones Act states, “Except as otherwise provided by law, a civil action for damages for personal injury or...

Excerpt: ...9 HEARING DATE: 09/30/21 ‐ 12 ‐ The demurrer filed by defendants East Bay Coyotes, Inc., Jason Wolenik, and Michael Topf (collectively, “EBC Defendants”), is overruled. The demurrer filed by defendants Dos Coyotes Development Company, LLC, Dos Coyotes Sunrise, Inc., Robert H. Davidson, Trumax, LLC, Colmax, LLC, Coltam, Inc., Dos Coyotes Concord, Inc., Coyote Sunshine, LLC and Coyote R15, Inc. (collectively, “DCDC Defendants”), is sust...

Excerpt: ...tion. They all involve relevant issues, such as timekeeping and payroll, complaints, job titles and descriptions, reimbursement policies, surveys, documents sent to covered employees, declarations obtained by defendant. Plaintiff argues that defendant has been relying on arbitration agreements all along, and now objects to producing them, and that defendant has made numerous boiler plate objections on trade secret grounds. Since the motion was fi...

Excerpt: ...parties agree that there is no per se rule barring the corporate attorneys from communicating with the employees. (Howard Gunty Profit Sharing Plan v. Superior Court (2001) 88 Cal.App.4th 572, 578.) That is not the end of the matter, however. A trial court has both the duty and authority to exercise control over communications between the parties and potential class members to prevent unfairness. (Barriga v. 99 Cents Only Stores LLC (2020) 51 Cal...

Excerpt: ... the party's interest in the litigation.” (Code Civ. Proc., § 36(a), (f).) Isaak attests that he falls within the terms of the statute, being 84 years old and in failing health. On its face, section 36 admits no exceptions. It has been strictly construed in ordinary civil cases to require preference even where a variety of circumstances indicate that trial within 120 days is not appropriate. (Swaithes v. Superior Court (1989) 212 Cal.App.3d 10...

Excerpt: ...ave to amend; (b) the demurrer to the 8th cause of action is sustained, without leave to amend; and (c) demurrer to the 11th cause of action based on the statute of limitations is overruled. Factual Background Plaintiff alleges that she is a former employee of YDesign. (FAC ¶¶ 24, 25.) She alleges she was employed by Defendant in California from "approximately April 2019 to approximately November 2019." She alleges a class action as well as ind...

Excerpt: ...from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. We have CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 09/16/21 ‐ 6 ‐ described this second step as a ‘summary‐judgment‐ like procedure.' [Citation.]” (Baral v. Schnitt (2016) 1 Cal.5th 376, 3...

Excerpt: ... affirmative defenses that do not state facts sufficient to constitute a defense under sections 936 and 945.5 of the Civil Code” and “on the grounds that the affirmative defenses are still too conclusory and/or not supported by the additional allegations.” (Not. of Demurrer at 2:3‐6.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 09/16/21 ‐ 2 ‐ For the following reasons, the Demurrer is overruled. Analy...

Excerpt: ...d on the Court's ruling on the demurrers, the motion to strike is denied as moot. Background and Plaintiff's Claims Plaintiff Francis Clay was a tenant at a property owned or under the control of the Richmond Housing Authority ("RHA"). In December 2018, RHA began eviction proceedings against Mr. Clay for non‐payment of rent in Richmond Housing Authority v. Francis Clay, Case No. RS19‐ 0017 (the "Unlawful Detainer Action"). (RJN Exh. 1.) The p...

Excerpt: ...portation services in the coastal and harbor San Francisco Bay and the Pacific Northwest Puget Sound region. This is a class action suit. Plaintiffs seek to represent a proposed class composed of and defined as: All employees who worked one or more shifts as a boat captain, junior captain, or crew member on a sea bearing vessel for Starlight Marine Services, Inc. in the State of California since (4) years prior to the filing of this action to the...

Excerpt: ...ust enrichment causes of action based on the failure to state facts sufficient to constitute a cause of action. (Code of Civil Procedure § 430.10(e).) Defendant demurs to the breach of contract claim for the failure to allege if the contract is oral or written (Code of Civil Procedure § 430.10(g) and for uncertainty (Code of Civil Procedure § 430.10(f)). Consumer Legal Remedies Act (cause of action three) Defendant argues that the complaint do...

Excerpt: ...eeding must be completed and the award rendered.” (Bosworth v. Whitmore (2006) 135 Cal.App.4th 536, 550.) Plaintiffs raise two threshold issues. First, they assert that defendant must move to lift the stay before it can file the motion. Section 1283.8 allows the time for the award to be fixed “within such time as the court orders on petition of a party to the arbitration.” This does not expressly require that the stay be lifted in order to ...

Excerpt: ... Gutierrez action, Dennis Gutierrez v. Homegoods, Inc., et al, San Bernardino County Superior Court, Case No. CIV‐DS‐2017556, is finally resolved (by judgment, settlement, or otherwise), or until lifted by court order. The present order is expressly made without prejudice to any intervention / coordination motion / petition that plaintiff may bring in the Gutierrez case. The basis for this ruling is as follows. Background In this PAGA case, p...

Excerpt: ...ning") at its Martinez facility. (Proposed FAC ¶¶ 11, 12.) They filed this action on behalf of themselves and as proposed class representatives alleging violations of the IWC Wage Order No. 1‐2001, the California Labor Code, and the Unfair Competition Law, Business & Professions Code § 17200 ("UCL"). They are also the plaintiffs in a related action previously filed in this Court against another refining company, Equilon Enterprises LLC. That...

Excerpt: ...e recovery of money or damages is demanded, the amount demanded shall be stated.” “[T]he specific dollar amount is necessary only when a default judgment is to be entered. The purpose of such a requirement is to ensure that the defendant is sufficiently aware of the consequences of not answering the complaint. [Citation.] However, ‘in any other case, the court may grant the plaintiff any relief consistent with the case made by the complaint...

Excerpt: ... requested supplemental information and continued the hearing. After that hearing, on February 18, 2021, the Court granted preliminary approval. A. Background and Settlement Terms The original complaint was filed May 3, 2019. It is a class action complaint alleging failure to pay wages and/or overtime, failure to provide meal periods and rest breaks, failure to provide appropriate wage statements and failure to reimburse necessary business expens...

Excerpt: ...nse reimbursements, unlawful deductions, waiting time penalties, and non‐ compliant wage statements. It also includes PAGA allegations, which were added in the First Amended Complaint, filed December 12, 2019, based on a notice provided to the LWDA on September 16, 2019. A Second Amended Complaint was filed on March 22, 2021. The settlement would create a gross settlement fund of $950,000. The class representative payment to plaintiff would be ...

Excerpt: ...(3) failure to pay overtime wages; (4) failure to pay minimum wages; (5) failure to pay all wages due to discharged and quitting employees; (6) failure to maintain required records; (7) failure to indemnify employees for necessary expenditures CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 08/26/21 ‐ 10 ‐ incurred in discharge of duties; (8) failure to indemnify employees for necessary expenditures incurred in d...

Excerpt: ... 2020, and were due on April 6, 2020. Nearly all of the time during which these requests have been pending has occurred during the COVID‐19 pandemic, and defendant has requested, and received, extensions due to the logistical difficulties cause by the pandemic. Responses were further stayed while the parties engaged in unsuccessful settlement efforts. Moreover, some further extensions were directed by the Court as part of an Informal Discovery ...

Excerpt: ...y, she moves for approval of an award of attorney's fees and expenses, as well as a service award for plaintiff. A. Background and Settlement Terms The original complaint was filed November 5, 2015, as a class action. It alleged that defendants Zagaris and Disclosure Source entered into an agreement under which PMZ obtained Natural Hazard Disclosure (NHD) reports to be used in real estate transactions from Disclosure Source, identified them as ha...

Excerpt: ...(premised on a violation of Civil Code §§ 1749.45 et seq.) Defendant demurs pursuant to CCP § 430.10(e) on the grounds that Civil Code § 1749(b)(2) does not require immediate cash refunds of gift cards with an outstanding balance of less than $10.00 and that Chevron's policy, requiring consumers seeking a redemption to use a toll‐free number or web address, does not constitute an impractical and unreasonable barrier to a consumer's right of...

Excerpt: ...�filed opposition papers. B. The Governing Standard. The Bridgeford decision cited in defendant's opening memorandum states the standard governing this demurrer: The decision whether a case is suitable to proceed as a class action ordinarily is made on a motion for class certification. [Citation omitted.] A court may decide the question earlier by sustaining a demurrer to the class action allegations of a complaint only if it concludes as a matte...

Excerpt: ...e it required plaintiff to show that Favro's conduct “increased the risk” to plaintiffs. The requirement that the jury find that Favro's conduct “increased the risk” to the plaintiffs was appropriate. (MOFD also states that the special instruction based on CACI 473 as given by the Court was inappropriate, but the rationale for the argument essentially is based on Question 1 of the verdict form.) Both Siebert and the previous appellate dec...

Excerpt: ...es. Plaintiff also seeks approval of attorney's fees and a representative incentive payment. A. Background and Settlement Terms The original complaint was filed November 26, 2018, as a class action. Plaintiff amended complaint in order to raise PAGA allegations, which were not included in the original complaint. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 08/05/21 ‐ 10 ‐ The PAGA notices were provided to the ...

Excerpt: ... one‐year statute of limitations. Plaintiffs argue that any claims subject to a one‐year statute of limitations are timely because of a Doe amendment filed two years after this litigation started. To determine which party is correct requires a detailed examination of the procedural history of the litigation. This case arises out of alleged medical malpractice and elder abuse committed at two healthcare facilities, Martinez Convalescent Hospit...

Excerpt: ...filing of the amended pleading. To the extent parties can agree, plaintiff may make agreed changes prior to filing. Otherwise, the amended complaint shall be filed in the form attached as Exhibit A to the Declaration of Mark A. Milstein. Background This is a construction defect case. Defendant Arbor Building Group is a general contractor, who contracted with owner and plaintiff, Creekside Walk Ventures, LLC, for the construction of an apartment c...