Excerpt: ...e conclusion that there is a risk of insolvency, and various issues concerning potential failure to make payments. The motion was denied without prejudice. Plaintiff now has refiled the motion. A. Background and Settlement Terms CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 09/10/20 ‐ 2 ‐ The original complaint was filed June 26, 2019. It is a class action complaint alleging failure to pay wages and/or overtime...

Excerpt: ...an Alameda County Superior Court support and custody action, related case numbers D802925 and AF 12654762. (Opening Brief at 2:19‐21; Ex. A to Lawson Decl., Gov't Claim, p. 2.) The report was prepared by Donald Niall Fallin, Psy.D. Judge Bean stated during a hearing that month that the report had been received and was in the court's file. (Opening Brief at 2:23‐24.) At the trial in February 2014, Judge Pulido allegedly also acknowledged that ...

Excerpt: ...ims by Plaintiff Robert Tiernan for trespass and nuisance arising out of the use by bicyclists of a private road, Calle Arroyo, in a residential community known as Diablo. The Diablo community is comprised of 397 residential properties and the Diablo Country Club. (Compl. ¶¶ 6, 7.) A. The Quiet Title Action In 2017, Tiernan, along with other homeowners in the Diablo community, filed an action in this Court for quiet title and other causes of ac...

Excerpt: ...), as administrator of the JRS. The motion is opposed by plaintiff Bruce Van Voorhis. The role of the California Department of Human Resources (“CalHR”) is addressed in this ruling, but that department has not been named as a defendant. Defendants' motion for summary judgment is granted. Defendants shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiff...

Excerpt: ...s, which was filed on August 27, 2020. A. Background and Settlement Terms The original complaint was filed May 25, 2018. It is a class action complaint alleging failure to pay wages and/or overtime, failure to provide meal periods and rest breaks, and failure to pay for time or expenses associated with obtaining mandatory drug tests. Pursuant to stipulation, an amended complaint adding a PAGA cause of action was filed on May 3, 2019. A Second Ame...

Excerpt: ... car maintenance in public areas, trash, letting her dog run off‐leash, leaving her CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 08/27/20 ‐ 4 ‐ garage door open, noise, and threatening a vendor of the HOA. Defendant did not contest the application for a temporary restraining order (which was denied), and has filed no opposition to the Order to Show Cause re Preliminary Injunction. The motion is granted, with...

Excerpt: ...ired expenses, and failure to provide wages when due. The matter was filed in 2017, but was stayed while the parties arbitrated plaintiff's individual non‐PAGA claims. It was settled with the assistance of an experienced mediator. There is a separate settlement between Ms. Karr and Defendant of her individual claims, which is not submitted to the court as part of the motion. The total settlement payment for the PAGA causes of action is $100,000...

Excerpt: ..., and denies Plaintiff's request for sanctions. Relevant Facts Plaintiff Carey Salinas alleges his vehicle was struck by a vehicle driven by defendant Roger Silvey. He alleges Silvey was driving while intoxicated when the accident occurred. Analysis A. Legal Standards Applicable to Motion to Strike and Pleading Requirements for A Punitive Damages Claim The Court may strike allegations that are “irrelevant, false or improper matter” or any por...

Excerpt: ... time or expenses associated with obtaining mandatory drug tests. Pursuant to stipulation, an amended complaint adding a PAGA cause of action was filed on May 3, 2019. A Second Amended Complaint was filed on June 12, 2020. The parties undertook discovery as part of the matter, and eventually reached a resolution with the assistance of an experienced mediator. The matter was removed to federal court, remanded, then removed again. After a settlemen...

Excerpt: ... not given the legally required rest and meal breaks or pay for those periods. Defendant argues that the complaint fails because CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 08/13/20 ‐ 6 ‐ the pre‐lawsuit notice to the Labor and Workforce Development Agency (LWDA) is insufficient and because Plaintiff has not alleged facts showing a claim for violations of the Labor Code. Defendant demurs to the entire compl...

Excerpt: ...lement. The Court will consider the motions together. This motion initially was heard on July 16, 2020, based on a tentative ruling issued on July 15, 2020. After that hearing, the Court requested supplemental submissions and continued the hearing to this date. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging violations of the Labor Code concerning a number of issues. The primary issue concerns a �...

Excerpt: ... nine causes action against AmSpec involving wage and hour claims, including failure to provide meal periods, failure to authorize and permit rest periods, failure to pay overtime wages, failure to pay minimum wage, and several other causes of action. Plaintiff seeks to represent a class of consisting of all current and former non‐exempt employees of Defendant in the State. She also seeks to represent aggrieved employees as private attorney gen...

Excerpt: ...e ordered to arbitrate causes of action one through nine in the complaint. The PAGA claim (cause of action ten) shall be stayed pending conclusion of the arbitration. The case management conference set for August 31, 2020, is continued to February 5, 2021, 8:30 a.m. Plaintiff filed a class action complaint against the defendants for a number of wage and hour violations, including failure to pay overtime, failure to provide meal and rest breaks, a...

Excerpt: ...gton's California hotels since December 20, 2012. (Motion at 1:24‐26.) Remington opposes certification. The Court is inclined to grant certification in part. Parties are to appear at the hearing prepared to discuss appropriate limitations on the class definitions, as well as issues related to manageability. I. Background Remington manages eleven hotels in California. (Defendant's Response to Special Interrogatory No. 2, Ex. 5 to Boucher Decl.) ...

Excerpt: ...practices by defendant Wheels Financial Group, d/b/a Loan Mart (WFG), which were designed to deceive debtors into paying more money than they actually owed. On April 23, 2019, the Court partly granted and partly denied Wheels' motion to compel arbitration, granting it as to individual claims, denying it as to UCL claims, and staying arbitration pending resolution of the UCL claim. The parties ultimately negotiated a settlement, which included cha...

Excerpt: ...ttlement. The Court will consider the motions together. A. Background of the Case and Terms of Settlement This a PAGA case (not a class action), alleging violations of the Labor Code concerning a number of issues. The primary issue, at least based on the matters in the court file, concerns a “Pay Calculation Agreement,” under which salespersons paid on commission whose commission in a given pay period fell below minimum wage would be paid min...

Excerpt: ...iums associated with the adoption of alternative workweek schedules by defendants. Under IWC Wage Order 4‐2001, employees are entitled to overtime rate of pay for time worked over 8 hours in a day or over 40 hours per week. (Order 4, Par. 3(A).) This requirement does not apply, however, to “Alternative Workweek Schedules,” which permit working up to ten hours per day, up to 40 hours per workweek without payment of the overtime rate. (Id., P...

Excerpt: ...sick leave available)” appearing in Prayer for Relief, ¶2. Defendants shall file their answers within ten (10) days. Background Before the Court is a motion to strike (“Motion”) filed by defendants Stericycle, Inc., Stericycle Environmental Solutions, Inc., Stericycle Specialty Waste Solutions, Inc., and Shred‐It USA LLC (“Defendants”) pursuant to Code of Civil Procedure § 436. The Motion relates to the PAGA complaint filed by plain...

Excerpt: ...ropriate, in order to allow plaintiffs to conduct jurisdictional discovery limited to the issue of specific jurisdiction. Background This case arises from plaintiff J.D. Ford's diagnosis of lymphoplasmacytic lymphoma, a type of non‐Hodgkin's lymphoma, that allegedly resulted from his exposure to benzenecontaining products between 1973 and 2007 at a tire manufacturing plant located in Tyler, Texas. (See Complaint, ¶¶18‐20.) CONTRA COSTA SUPE...

Excerpt: ...istrict (“District”). Because the motions present similar and intertwined questions, the Court addresses them together. As to the MJoP, the District asks the Court to take judicial notice of various pleadings on file in this case. The Request is denied as superfluous. To the extent the pleadings are relevant or necessary to the disposition of the MJoP, they are already before the Court in connection with the MJoP. As to the Motion for Leave t...

Excerpt: ...s Ryback, decedent, died of his injuries after he fell at the gas station located at 1091 Market Place, San Ramon, CA. Plaintiffs are his successor in interest, Elaine Ryback, and his two children. They filed their complaint on April 7, 2020, alleging five causes of action: (1) Negligence, (2) Negligence‐ Wrongful Death, (3) Premises Liability, and (4) Survival Action. Five of the six defendants have answered the complaint, including (1) 7‐El...

Excerpt: ...ection Associate,” one of about 1,511 in at Walmart Stores in California during the time in question. APAs are required to communicate with each other on the job. Plaintiff alleges that they were required to use personal cell phones to do so, and that Walmart should have reimbursed them for some of their cell phone costs. Walmart disputes these allegations, contending that proper two‐way radios were provided, that their written policy directe...

Excerpt: ...ure to provide meal periods and rest breaks, failure to pay wages at termination, failure to provide sick days, failure to properly itemize wage statements, failure to pay employees twice per month, and failure to reimburse business expenses. A gross settlement of $600,000, 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 ...

Excerpt: ...pay wages and/or overtime, failure to provide meal periods and rest breaks, and failure to reimburse business expenses. The complaint alleges that the plaintiff class regularly worked overtime, but the rate of overtime pay was not properly calculated because in calculating the regular rate of pay, defendant failed to include commission income. Plaintiff also asserts meal break violations, rest break violations, and failure to reimburse personal c...

Excerpt: ...ieb (“Gottlieb”) as well as their law partnership, SwedelsonGoddlieb (“S&G”), for the fictitious Doe defendants 1‐3 named in the original Complaint. Plaintiff also seeks to add alter ego allegations against Swedelson, Gottlieb, and S&G and revise her prayer for relief to hold Swedelson, Gottlieb, and S&G jointly and severally liable with ALS for a judgment in this case. For the reasons described further, below, the motion for leave to a...

Excerpt: ...rejected by the clerk it was served on Defendants and the Court has reviewed it. For the following reasons, the motion is granted. Request for Judicial Notice Defendant requests Judicial Notice of several orders in case no. C18‐02245 as well as several County Recorder documents. The Request is unopposed. The request is granted. Evid. Code §§ 452, 453. Vexatious Litigant Statute Code Civ. Proc., section 391 provides: As used in this title, the...

Excerpt: ... (1) negligence; (2) negligent infliction of emotional distress; (3) conversion; and (4) conversion (bailment). Defendant PSF Danville, LLC only demurs to Plaintiff's claims for (2) negligent infliction of emotional distress and (4) conversion (bailment). The remaining Defendants demur to all of Plaintiff's claims. For the following reasons the Demurrer is sustained, with leave to amend. Request for Judicial Notice Defendants request Judicial Not...

Excerpt: ...bitration agreements and nondisclosure agreements are all integral parts of the employment relationship between plaintiff as employer and defendants Anthony Bishop and John Karimov; (2) plaintiff's claims are “intimately founded in and intertwined with” that employment relationship. (Boucher v. Alliance Title Co., Inc. (2005) 127 Cal.App.4th 262, 272‐273.) The general rule governing this issue is articulated in the Goldman decision as follo...

Excerpt: ...1) violation of Civil Code § 2923.6 and § 2924.11; (2) negligence; and (3) violation of Bus. & Prof. Code § 17200 et seq. Defendants move for summary judgment on several grounds: (1) the action is barred by a 2015 settlement agreement; (2) the action is barred by the doctrine of bankruptcy estoppel; (3) plaintiff cannot prove a dual‐tracking violation; (4) plaintiff cannot prove negligence; and (5) plaintiff does not have a predicate statuto...

Excerpt: ...endants provide alarm services to homes and businesses, and plaintiff was a customer. The standard contract used provides that a customer may cancel the contract in writing 30 days before the end of the contract term, or it automatically renews. Plaintiff alleged that she cancelled, yet defendants continued to bill her under the contract, and that defendants followed the same conduct with respect to the entire class. Under the settlement, a class...

Excerpt: ...original complaint, filed August 24, 2018, alleged that defendant Foss Maritime committed various violations of wage and hour laws with respect to the employment of captains and crew members on tugboats Foss Maritime operates. After removal to federal court and a subsequent remand, the operative pleading is the Second Amended Complaint, filed June 21, 2019, which expanded the scope of the initial allegations. Discovery was taken and the matter se...

Excerpt: ... filed a motion to leave to file a second amended complaint, but the motion was never heard and the pleading was not filed.) The First Amended Complaint alleges failure to pay required overtime, failure to maintain accurate records, failure to furnish proper wage statements, and derivative waiting time violations. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 06/11/20 ‐ 3 ‐ The agreement provides three separate...

Excerpt: ...ious wage and hour law requirements. Specifically, plaintiffs allege that wage statements did not accurately identify the proper rate of pay when double overtime wages were paid. 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 settlement motion was provided to the LWDA on September 12, 2019...

Excerpt: ...round/Terms of the Settlement The gross settlement amount is $750,000, non‐ reversionary. Class counsel requests a fee of one‐third of that amount. Costs of $15,000, a plaintiff's enhancement fee of $7,500, and settlement administration costs of approximately $10,000, would be deducted from that amount, leaving a payment to the class of $467,500. The settlement was negotiated with the assistance of an experienced mediator. The Complaint does ...

Excerpt: ...igors on a contract. Section 877.6 applies in actions where “it is alleged that two or more parties are joint tortfeasors or co‐ obligors on a contract debt…” Section 877 explains that a good faith settlement determination applies in cases with “one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co‐obligors mutually subject to contribution rights.” The requirement that there be joi...

Excerpt: ...which alleged failure to pay wages, failure to provide meal and rest periods, wage statement violations, and waiting time violations. The parties moved for preliminary approval of the settlement, which was granted on January 7, 2020. The agreement, as drafted, 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 g...

Excerpt: ...s settlement amount is $750,000, non‐reversionary. Class counsel requests a fee of one‐third of that amount. Costs of $15,000, a plaintiff's enhancement fee of $7,500, and settlement administration costs of approximately $10,000, would be deducted from that amount, leaving a payment to the class of $467,500. The settlement was negotiated with the assistance of an experienced mediator. The Complaint does not allege, and the settlement does not...

Excerpt: ...ns arising from those failures. The motion for preliminary approval initially was set for hearing October 17, 2019, and the day before the hearing, the Court issued a tentative ruling setting forth specified concerns, and requesting supplemental briefing. The matter was continued to January 9, 2020. After the submission of supplemental information, the Court granted preliminary approval of the settlement and set this hearing on the motion for fin...

Excerpt: ...lawsuit pursuant to a subcontract with developer and cross‐complainant, Kiper Development, Inc. (“Kiper”). (Lee Decl. ¶¶3, 6‐7.) Plaintiff homeowners sued Kiper for alleged defects and Kiper cross‐complained against Precision. Kiper asserts claims for express and implied indemnity, breach of implied and express warranties, negligence, breach of contract, and declaratory relief. (Lee Decl. ¶¶4‐5.) Investigations revealed only one s...

Excerpt: ...ivative violations arising from the meal and rest break violations. The agreement provides a settlement class consisting of non‐exempt employees employed from January 22, 2015, through the date of preliminary approval, and is estimated to include 340 to 395 members. A gross settlement of $315,000, non‐reversionary, will be paid to the Settlement Administrator. The employer's share of payroll taxes (not income tax withholding) on the wage port...

Excerpt: ...o rely on Ms. Concilio, who is not an attorney, to “take care of” the matter for them; (b) they delayed four months after notice of entry of the default; and (c) the delay has prejudiced it, because the remodeling of the premises has been completed. The court may set aside a default that was taken against a party “through his or her mistake, inadvertence, surprise, or excusable neglect.” (C.C.P. § 473(b).) Courts have taken a relatively ...

Excerpt: ... at the hearing. In April of 2018, the Town of Moraga (“Town” or “Moraga”), adopted a series of changes to existing ordinances governing development on hillsides (the “Hillside Regulations” or the “Project”). Petitioner David Bruzzone lives in Moraga, while petitioner Jane Bruzzone lives in Lafayette. The Bruzzones own properties governed by the Project, and pose two challenges to it: (1) that the Town should have prepared an Envi...

Excerpt: ...s are the owners of six homes in the development which they allege have various construction defects. The owners of four of the homes purchased their homes directly from Shea, and the other owners are subsequent purchasers. Shea contends that Plaintiffs are bound by the pre‐ litigation alternative dispute resolution procedures under the purchase contracts, the recorded Master Declaration and Individual Declarations. Shea asserts Plaintiffs have...

Excerpt: ...ms to have mistaken permanent injunctions for preliminary injunctions. Permanent injunctions are a post‐trial remedy. Because this case is before trial, the Court considers the Motion to be an application for preliminary injunction. The ruling on an application for preliminary injunction rests in the sound discretion of the trial court. (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1450.) “An injunction properly issues only where th...

Excerpt: ... relatively general objections, the opposing party submits justification for the costs, and the defendant replies, the true nature of the dispute is apparently only based on what remains in the moving party's reply. Two such items remain. A. Item 1: Filing Fees. Plaintiffs assert that to the extent costs were incurred for “fax‐filing” fees, they are unreasonable. “Fax‐filing” fees are fees charged by a third party vendor to accept by ...

Excerpt: ...n for Forum non Conveniens, based on a clause of the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/27/20 ‐ 2 ‐ Employment Agreement calling for any such dispute to be litigated in Franklin County, Ohio. Because that forum selection clause is voidable under Labor Code section 925, the motion is denied. Key Facts Plaintiff began working for defendant in October 2014 as a Sales Manager in Training under a writt...

Excerpt: ...mmand that PAGA settlements be approved by the court necessarily implies that there is some substantive dimension to the review. (Labor Code § 2699(l).) The Court has found no binding authority, but one federal District Court has addressed the issue. In O'Connor v. Uber Techs, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110, 1133, the court denied approval of class action settlements that included PAGA claims in part because the plaintiffs' claims adde...

Excerpt: ... duty to protect the rights of absent class members. (Pirjada v. Superior Court (2011) 201 Cal.App.4th 1074, 1082.) Thus, the Court CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 02/06/20 ‐ 2 ‐ must determine whether to grant the dismissal. Dismissal must be allowed absent good cause to the contrary. (CRC 3.1385(b).) The claims in this case are the same as those made in another case in federal court, Palega v. T...

Excerpt: ...d breach of contract arising out of Meritage's residential development known as Copper Ridge in Antioch. Meritage moves to compel arbitration of the claims and to stay the action pending arbitration, and Plaintiffs oppose the motion. For the reasons set forth, the motion is GRANTED. Summary of the Motion and Opposition Plaintiffs are either original purchasers or subsequent purchasers of single family residences built by Meritage at the Copper Ri...

Excerpt: ...ction as unlimited granted[,]” and “case to be transferred to unlimited civil in Martinez.” The court file shows that the matter was formally transferred and assigned a new docket number on October 21, 2019. On December 11, 2019, Plaintiff filed a motion for summary judgment, including a request that the matter be set for hearing at a particular date. The matter was set for hearing in this department. After the matter was set for hearing, i...