12 results for 'judge:"Martinez-Olguin"'.
J. Martinez-Olguin allows some civil rights claims to continue against the City of Antioch regarding the death of Angelo Quinto, who died after being placed in a prone restraint hold by police during a domestic dispute call. Officials are shielded by immunity regarding some of the denial of medical care claims, but the bulk of the wrongful death claims proceed because conflicting testimony and other uncertain details on the record make it unclear if the officers' use of force was justified.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 25, 2024, Case #: 3:21cv6094, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Martinez-Olguin allows some class claims to continue against Simpson Imports from consumers who say the company sells canned tomatoes that are labeled as being higher-end San Marzano tomatoes, when they are actually standard tomatoes. The products are sold with "SMT" on the label that the company claims stands for San Merican tomato, and while that interpretation may hold up later in court, at this early stage it is plausible that consumers are being duped into believing that the label is referring to the more expensive San Marzano.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 20, 2024, Case #: 3:23cv2214, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
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J. Martinez-Olguin dismisses vicarious copyright infringement claims from comedian and author Sarah Silverman and two other authors who claim OpenAI trained its ChatGPT program using material from their books without permission. The authors fail to prove ChatGPT directly copied their work and protection does not extend to every idea, theory and fact underlying a copyrighted work. However, an Unfair Competition Law claim can move forward. Additionally, OpenAI did not move to dismiss the direct infringement claim, so that claim proceeds.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 12, 2024, Case #: 3:23cv3223, NOS: Copyrights - Property Rights, Categories: Copyright, Unfair Competition, Class Action
J. Martinez-Olguin dismisses most claims against Catalina Snacks, makers of the Catalina Crunch Keto cereal products, alleging that the cereals' labels misrepresent their ingredients and where the sugar content comes from. The bulk of the claims fail for not showing how the product labels falsely imply from which ingredients the nutritional content is derived, or how they would trick the average consumer.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: January 18, 2024, Case #: 3:23cv296, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, False Advertising
J. Martinez-Olguin allows some claims to continue against the West Contra Costa School District from a former student who says she was sexually abused by her teacher. The complaint alleges that the principal of the school at the time saw inappropriate touching from the teacher in the classroom, but didn't take any action. The student also alleges that, while talking to the principal, she referred to the teacher as her "girlfriend" and the principal's response was to "pretend she didn't hear that." This is sufficient to allege deliberate indifference by the school district.
Court: USDC Northern District of California, Judge: Martinez-Olguin , Filed On: September 28, 2023, Case #: 3:22cv3233, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Education
J. Martinez-Olguin dismisses accounting malpractice claims against an accounting company accused of helping the Zachary Horwitz Ponzi scheme. The scheme revolved around Horwitz using investment funds to purchase movie rights, but lying to investors about his relationship with several major streaming companies and using fake agreements and emails to raise the money. The complaint has not pinpointed exactly how and when the accounting company lied to investors that the money in the scheme was being used as promised. The complaint does not provide a timeline of when the alleged lies were made or to whom they were made, and are largely "too general" to survive.
Court: USDC Northern District of California, Judge: Martinez-Olguin , Filed On: August 15, 2023, Case #: 3:23cv287, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Accounting Malpractice
J. Martinez-Olguin denies the solar cell supplier's motion to dismiss the purchaser's suit against it alleging that it has used the purchaser's trade secrets and solicited other manufacturers to produce solar modules with its solar cells after the shutdown of the purchaser's module-manufacturing business, and partially grants the purchaser's motion for a preliminary injunction. The suppliers are enjoined from using, disclosing or reproducing the purchaser's trade secrets, but a motion to enjoin allegedly defamatory speech regarding the condition of the purchaser's business.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: August 2, 2023, Case #: 3:23cv1181, NOS: Other Contract - Contract, Categories: Trade Secrets, Defamation, Injunction