Excerpt: ...ound Plaintiff, Julian Hoffman, worked as a registered nurse for defendant hospital San Ramon Regional Medical Center and SRRMC Management, Inc., (collectively “defendants”) from June 2018 through May 2020. Both defendants are subsidiaries or affiliated entities with Tenet Healthcare Corporation, a network of hospitals. In his wage and hour class action complaint, filed in August 2021, plaintiff contends defendants violated various provisions...

Excerpt: ...amended cross‐complaint filed by Lucas Du and Mary Wong and the cross‐complaint filed by Hui Yong. Plaintiffs filed an opposition to this motion, but Du, Wong and Yong have not filed an opposition. Plaintiffs sued the District for nuisance (in various forms), inverse condemnation, dangerous condition of public property, trespass, diversion of water and declaratory relief (based upon the alleged nuisance and trespass). The District moved for s...

Excerpt: ...kground and Settlement Terms The original complaint was filed October 23, 2020, raising 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 w...

Excerpt: ...or Code concerning failure to provide rest and meal breaks, failure to pay minimum wages and overtime, and cascading derivative violations. The total settlement payment is $500,000. This is composed in part of attorney's fees of $175,000 (35% of the recovery), $15,627.21 in litigation costs, and $5,000 in costs to the settlement administrator, Simpluris. A plaintiff's service award of $10,000 would be provided. The remainder of the payment, curre...

Excerpt: ...entures, LLC ("Creekside") seeks an award of monetary sanctions against attorneys representing defendants O.C. Jones & Sons, Inc. and 14 other defendants ("demurring defendants") and Intervenor Liberty Surplus Insurance Corporation appearing on behalf of its insured, Summit Plastering, Inc., a suspended corporation ("Liberty/Summit"). Plaintiff contends it should be awarded monetary sanctions under Code of Civil Procedure § 128.7 based on a gene...

Excerpt: ...IOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 04/07/22 ‐ 20 ‐ The City argues that all claims fail because of the failure to allege facts showing the violation of a mandatory duty. This argument appears most appropriately addressed towards the first and fourth causes of action for wrongful death and negligent infliction of emotional distress. The Court notes that in ruling on a demurrer in this case it found that the complaint a...

Excerpt: ...her PAGA‐only complaint. The Second Amended Complaint, filed June 21, 2021, included class action allegations, and added plaintiff Becerra. 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 administrator (Phoenix) would cap its costs at $5...

Excerpt: ...ment 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, failure to provide a safe working environment, and cascading derivative violations. Defendant operates a manufacturing facility at which Ticas worked until May of 2020. The total settlement payment is $125,000. This is composed in part of attorney's fees of $4...

Excerpt: ...ction. The Court reminds the parties to comply with the formatting requirements for legal memoranda. (See Cal. Rules of Court, rule 3.1113, subd. (d) [page limit] and subd. (f) [tables required for memoranda over 10 pages].) For the reasons explained below, the Court rules as follows: 1. As to the First Cause of Action for Slander of Title, the Court overrules the demurrer. 2. As to the Second Cause of Action for Constructive Fraud, the Court sus...

Excerpt: ...of action is overruled. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/24/22 ‐ 2 ‐ Factual Background Plaintiffs purchased a single‐family residence located in San Ramon from defendants Kumar Muthukumar and Ushu Muthukumar. (FAC ¶¶ 11, 13.) Defendant Serafino Bianchi was a licensed real estate agent who was the listing agent for the sellers. FAC ¶ 13.) Plaintiffs allege that after they purchased the prop...

Excerpt: ...ound Plaintiff Creekside Walk Ventures, LLC ("Creekside") alleges it is the owner of an apartment complex in El Cerrito known as Creekside Walk Apartments (the "Project"). On May 2, 2019, Creekside filed suit against the general contractor for the Project, Arbor Building Group, Inc., initiating in this Court the case Creekside Walk Ventures, LLC v. Arbor Building Group, Inc., et al., MSC19‐ 00881 ("Creekside 1 "). (Defs. RJN‐1.) The Creekside...

Excerpt: ...er decision, or the verdict or other decision is against law.” (Code of Civil Procedure § 657(6).) Section 657 applies to writ proceedings. (Code Civ. Proc., § 1110.) ADUs Real Parties and Respondents argue that the ADUs will be included in the same footprint as the single‐family homes and are not intended to function as a separate household. The Court previously considered that the ADUs will be in the same footprint as the single‐family ...

Excerpt: ...tion. Plaintiff Keaton Hall (“Hall”) opposes. He contends that AAA NCNU has failed to meet its burden of demonstrating the existence of an agreement to arbitrate this controversy. Existence of an Agreement to Arbitrate The right to compel arbitration depends on the existence of an agreement to arbitrate. (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1128.) AAA NCNU bears the burden of proving the existence of an arbitration agreem...

Excerpt: ...endangered, rare, or threatened species.” In making its decision, the Court considered the entire property as the Project Site. Real Party filed a motion for a new trial in which Respondents joined. The key issue in this motion is whether the Project Site should be the entire property or just the new building footprint. Real Party argues that the recently published opinion, Protect Tustin Ranch v. City of Tustin (2021) 70 Cal.App.5th 951, provi...

Excerpt: ...n the same day the case was filed. Defendant's default was taken on January 27, 2022. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/17/22 ‐ 9 ‐ Less than a week after his default was entered, on February 2, 2022, defendant filed this motion pursuant to Code of Civil Procedure section 473(b). Defendant states he and plaintiff were married and co‐habitated as a couple for more than a decade before filing for...

Excerpt: ...ally on the ground that Favro's costs are not apportioned among the parties. MOFD asserts that it should have a judgment entered only for its proper share. Morris contends that since the jury reached no verdict as to her, she is not responsible for any part of the costs. All plaintiffs object to the costs associated with CalTrans, which settled out of the matters long before trial. The moving parties also object to various specific items of the c...

Excerpt: ...then submitted an ex parte request to file a second amended petition. Petitioners did not file an opposition to the demurrer, but by attempting to amend their petition the Court understands that Petitioners may oppose this demurrer. Respondents' demurrer to the claims based on the Downtown Martinez Jail Demolition Project and the County Administrative Building are sustained. As explained below, challenges to those projects are time‐barred. It s...

Excerpt: ...d plaintiffs' failure to first seek leave to substitute Does. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 03/10/22 ‐ 2 ‐ At the initial hearing on the motion, plaintiffs were given leave to submit a supplemental declaration and Union Oil was permitted to file a response. The motion is now denied. Union Oil has not shown plaintiffs or their counsel knew Union Oil manufactured the solvents used at plaintiff's w...

Excerpt: ...et al., and related cross‐actions, Case No. MSC20‐01714 ("Bennett Action"), now consolidated for discovery and pre‐trial proceedings with Case No. MSC20‐01593. For the reasons set forth, the motion is granted, with leave to amend. Factual Background On March 11, 2020, an East Bay Municipal Utility District ("EBMUD") water line broke causing water to flow down Tappan Terrace located in a residential neighborhood in Orinda. (FAC ¶ 25.) The...

Excerpt: ...ilure to provide a safe working environment, and cascading derivative violations. Defendant operates a manufacturing facility at which Ticas worked until May of 2020. The total settlement payment is $125,000. This is composed in part of attorney's fees of $41,662.50 (one‐third of the recovery), $11.803.04 in in litigation costs, and $3,500 in costs to the settlement administrator. A plaintiff's service award of $7,500 would be provided. PAGA pe...

Excerpt: ...ff's Complaint 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. In the alternative, Defendant requests abatement pursuant to CCP § 430.10(c) on the grounds that there is another action pending between the same parties on the same cause of action (case no. C21‐01735, remove...

Excerpt: ...side legal counsel prior to the March 9, 2021 City Council meeting, which allegedly concluded that council member Jovita Mendoza did not have a conflict of interest. Petitioner requested each of these categories be included in the City's administrative record to be produced for this case, but the City declined. Ordinarily, a case such as this is decided only based on the record before the agency. (Western States Petroleum Assn. v. Superior Court ...

Excerpt: ...bligated to file a responsive pleading, no default shall be taken against the DOE defendants, and no discovery shall be initiated by or against the DOE defendants, absent further court order. The existence of a stay pending arbitration does not oust a trial court of its inherent judicial power “[t]o amend and control its process and orders so as to make them conform to law and justice.” (Code Civ. Proc., § 128, subd. (a)(8). Cf. Pinela v. Ne...

Excerpt: ...eight, arguing that the Court lacks jurisdiction and that each claim fails to allege facts sufficient to constitute a cause of action. The Court refers to the original pleading in this case as the “Petition” since the document is called a petition and complaint. The Court refers to the parties as Plaintiffs and Defendants as that is how the parties are discussed throughout the Petition. California Rules of Court, Rule 2.112 The District argue...

Excerpt: ...alleges one claim for negligence against Dr. Tsai for his negligent repair of the injuries to Mr. Menendez's left eye and negligent post‐operative treatment that resulted ultimately in Mr. Menendez's loss of vision in his left eye. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/17/22 ‐ 12 ‐ Legal Standards for Ruling on Defendant's Motion for Summary Judgment Under Code of Civil Procedure § 437c(c), a moti...