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: ...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: ...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: ...�� 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: ... 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: ...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: ...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: .... 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: ... 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...