290 results for 'court:"USDC Central District of California"'.
J. Frimpong declines to exercise supplemental jurisdiction over an individual's state law claims regarding his allegations that a restaurant does not have an access aisle with level surface slopes, which deterred the individual, who uses a wheelchair, from enjoying use of the business. The individual's four state law claims predominate over his one federal law ADA claim and the case is in its nascent stages, which are compelling reasons to decline supplemental jurisdiction.
Court: USDC Central District of California, Judge: Frimpong, Filed On: June 30, 2023, Case #: 2:23cv2551, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Jurisdiction
J. Frimpong declines to exercise supplemental jurisdiction over an individual's state law claims regarding his allegations that a business does not have a designated parking space for individuals with disabilities which prevented the individual, who uses a wheelchair, from enjoying use of the business. The individual's four state law claims predominate over his one federal law ADA claim, the parties have not yet engaged in meaningful discovery and the court has yet to fully adjudicate the action, and these are compelling reasons to decline supplemental jurisdiction.
Court: USDC Central District of California, Judge: Frimpong, Filed On: June 30, 2023, Case #: 2:22cv2243, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Jurisdiction
J. Gutierrez grants final approval to a $53.5 million settlement that will bring an end to the flight attendants' class action alleging that United Airlines did not list specific information on the current and former flight attendants' wage statements such as total hours worked, hourly rates and United Airlines' physical address. The average net settlement value for each class member will be approximately $3,178, which is 79% of the highest possible individual recovery, given the Labor Code's $4,000 statutory cap. United Airlines also agrees to make changes to the format of its wage statements to better comply with California law.
Court: USDC Central District of California, Judge: Gutierrez, Filed On: June 29, 2023, Case #: 2:15cv7985, NOS: Other Labor Litigation - Labor, Categories: Settlements, Class Action, Labor
J. Snyder grants a vessel owner's motion for summary judgment in a contract dispute with the cargo owner over aviation jet fuel taken by vessel from Singapore to California. The cargo owner accepted delivery of the cargo without confirming that the vessel owner had been paid for freight and related charges and has not paid the vessel owner under the bills of lading. The cargo owner is bound by the bills of lading and evidence establishes its "acceptance and actual receipt of the goods." The cargo owner is liable for payment of the freight and related charges.
Court: USDC Central District of California, Judge: Snyder, Filed On: June 28, 2023, Case #: 2:22cv1545, NOS: Marine - Contract, Categories: Maritime, Contract
J. Wu tentatively grants final approval a $1.5 million class action settlement, which arises from the participants' claim that the savings plan company and its committee breached their fiduciary duty to the participants when the former allowed the latter to pay excessive fees compared to similarly sized retirement plans. The settlement is fair and well thought-out because the savings plan company produced mediation-related discovery that the participants analyzed to facilitate negotiation, which led to a full day of mediation with a JAMS mediator experienced in ERISA class actions and weeks of negotiations afterward.
Court: USDC Central District of California, Judge: Wu, Filed On: June 28, 2023, Case #: 2:21cv9140, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Settlements, Fiduciary Duty, Class Action
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J. Frimpon denies in part a loan servicing company's motion to dismiss a homeowner's contract claim regarding a home equity line of credit that the homeowner believed was included in his loan modification. The homeowner was notified 15 years later that the home equity line of credit had matured and he owed over $300,000 on the loan. The homeowner concedes that his initial complaint fails to state a claim upon which relief may be granted and would like to add allegations of misrepresentation by the company that modified his loan. He is granted leave to amend.
Court: USDC Central District of California, Judge: Frimpon, Filed On: June 23, 2023, Case #: 5:22cv1881, NOS: Other Contract - Contract, Categories: Real Estate, Contract
J. Aenlle-Rocha finds in favor of the Japanese trustee for the American trustee's claim that the former advised the latter to sell Omniture to Adobe in December 2013, triggering a potential tax liability that would mitigate the Japanese trustee's own tax liability if TPP Capital Advisors (TPP) was the majority owner and the sale happened in Japan. The American trustee admitted that he and other trustees obtained ownership interests in TPP to create the tax avoidance strategy and the documents to defraud the Japanese National Tax Agency, which is illegal and against California public policy. Also, recordings clearly established that the Japanese trustee offered the American trustee and other trustees TPP ownership interest exchange for their assistance with the NTA audit.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: June 20, 2023, Case #: 5:19cv1824, NOS: Other Contract - Contract, Categories: Tax, Fiduciary Duty, Contract
J. Wright denies in part the government's motion to dismiss an individual's "action to compel the United States Citizenship and Immigration Services (USCIS) to adjudicate her application for asylum." The court retains jurisdiction to hear the individual's claims under the Administrative Procedures Act, however the individual fails to state a plausible claim under the Administrative Procedures Act, as the individual's "allegations demonstrate minimal risk to human health or welfare." The individual is granted leave to amend.
Court: USDC Central District of California, Judge: Wright, Filed On: June 16, 2023, Case #: 2:22cv5846, NOS: Other Immigration Actions - Immigration, Categories: Immigration
J. Walter finds in favor of Experian Information Solutions for the consumer's defamation complaint alleging that the credit reporting company entered false information and records about the consumer that caused him $5.2 million in damages. The consumer does not offer sufficient evidence to support his argument that "Experian and their counsel are idiots," or provide any other evidence to support a finding of willfulness or malice.
Court: USDC Central District of California, Judge: Walter, Filed On: June 8, 2023, Case #: 2:22cv4268, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Defamation
J. Wright denies in part a management company's motion for judgment as a matter of law in a disability discrimination suit in which a jury found in favor of a tenant after the management company refused to assign the tenant a handicap accessible space in front of the apartment. The management company challenges the ruling, claiming that it provided a reasonable alternative accommodation. Evidence does not support the jury's verdict that the management company caused the individual harm, or the $250,000 award in emotional distress damages. However, the jury did not err in finding that the management company's offer to move the individual to another apartment was not a reasonable alternative accommodation. The management company's motion for a new trial is granted.
Court: USDC Central District of California, Judge: Wright, Filed On: June 7, 2023, Case #: 2:21cv3275, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Housing
J. Frimpong grants in part an apparel company's motion to dismiss a lace designer's copyright infringement claims. The lace designer has not shown that the apparel company had access to its lace design or that the subject design and the infringing product are strikingly similar. The designer is granted leave to amend as it may be able to plead additional facts to address deficiencies.
Court: USDC Central District of California, Judge: Frimpong, Filed On: June 7, 2023, Case #: 2:22cv4425, NOS: Copyrights - Property Rights, Categories: Copyright
J. Kronstadt grants an employer's motion to dismiss an employee's allegations of wage and hour violations. An enforceable arbitration agreement exists between the parties as part of the collective bargaining agreement, therefore the court lacks subject matter jurisdiction over all of the employee's claims, and the entire action must be dismissed. The parties shall submit the claims to arbitration.
Court: USDC Central District of California, Judge: Kronstadt, Filed On: June 6, 2023, Case #: 2:21cv6117, NOS: Employment - Civil Rights, Categories: Arbitration, Employment
J. Snyder grants a trustee, who is the former minister of defense of Kuwait, and the government of Kuwait's motion to file an amended complaint contesting forfeiture of real property and assets allegedly purchased with embezzled funds. The trustee alleges that he is acting on behalf of the head of the Kuwaiti royal family, former Amir, and his wife. The trustee acted diligently in seeking leave to amend and "has provided a sufficient explanation for his failure to comply with the scheduling order."
Court: USDC Central District of California, Judge: Snyder, Filed On: June 5, 2023, Case #: 2:20cv6314, NOS: Other - Forfeiture/Penalty, Categories: Forfeiture
J. Snyder grants a retirement plan's motion for summary judgment regarding an individual's allegations that the plan erroneously disbursed his entire retirement savings account balance to his ex-wife due to an erroneous qualified domestic relations order. Because the individual's ex-wife received a larger portion of the individual's savings account than she was entitled to, the amount he had to pay his ex-wife from his retirement account was reduced. The individual has not suffered any damage and payment of money damages to him would result in double recovery.
Court: USDC Central District of California, Judge: Snyder, Filed On: June 5, 2023, Case #: 2:22cv8926, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Gee finds in favor of the jewelry company for its claim alleging that it loaned the businessman $1 million to buy a large quality of "Air Queen" face masks from Sysco, and he did not repay it within 48 hours. The businessman asserts that the owner of the jewelry company must comply with oral promises to "get the masks sold" under their original settlement agreement, but their amended agreement precludes any oral promises, so the businessman cannot assert that the owner fraudulently induced him to sign the amended agreement.
Court: USDC Central District of California, Judge: Gee, Filed On: June 5, 2023, Case #: 2:22cv4494, NOS: Other Contract - Contract, Categories: Fraud, Settlements, Contract
J. Wright denies an employee's motion for the preliminary approval of class action and PAGA settlement in an employment dispute. The employee and employer reached a settlement, however "the parties’ treatment of the class claims throughout this matter has been questionable, including at the settlement stage." The employee requested that the court dismiss class claims, which it did. Then the employee sought to reassert class allegations solely for the purpose of settlement, but the parties have not addressed why they are settling class claims where no class allegations are at issue and the employer has not shown why it would agree to the reinstatement of class claims. "These contradictory actions by the parties are indicative of collusion."
Court: USDC Central District of California, Judge: Wright, Filed On: June 1, 2023, Case #: 2:19cv5050, NOS: Employment - Civil Rights, Categories: Employment, Class Action