295 results for 'court:"USDC Southern District of California"'.
J. Lopez denies an energy company's motion to compel arbitration concerning sexual assault claims brought by a laborer against a superintendent, which allegedly resulted in her termination after she filed a complaint. Although the employee does not dispute the existence of a signed arbitration agreement, she sufficiently argues that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act bars arbitration of her dispute.
Court: USDC Southern District of California, Judge: Lopez, Filed On: March 1, 2024, Case #: 3:23cv653, NOS: Employment - Civil Rights, Categories: Arbitration, Employment
J. Ohta grants the parents' motion for partial summary judgment concerning claims that the county violated their parental rights by forcing their children to undergo "invasive examinations" while in protective custody. The parents had a constitutional right to participate in their children's medical treatment while they were in the county's custody and did not consent to their children being vaccinated and subjected to forensic medical examinations.
Court: USDC Southern District of California, Judge: Ohta, Filed On: March 1, 2024, Case #: 3:21cv1102, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Family Law
J. Major partly grants a fitness company's motion to compel a treadmill manufacturer to produce license agreements in this patent dispute. Because there is a question regarding the validity and applicability of a licensing and royalty agreement, the patents related to non-curved treadmills and their components are relevant and discoverable. However, the manufacturer is not entitled to the fitness company's profit and loss statements, as this is significant and sensitive financial information from a direct competitor.
Court: USDC Southern District of California, Judge: Major, Filed On: February 29, 2024, Case #: 3:22cv492, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Houston grants San Diego State University's anti-SLAPP motion to strike the student's state claims over disciplinary measures that were taken against him alleging that he participated in fraternity hazing. The negligence claims fail because the disciplinary charges were dropped with no negative remarks on his transcript and the student was able to graduate, so he did not suffer damages. His emotional distress claim fails because he provides only conclusory statements to support his allegations.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 28, 2024, Case #: 3:21cv2131, NOS: Education - Civil Rights, Categories: Anti-slapp, Negligence, Emotional Distress
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J. Major grants the children's motion for limited discovery concerning claims that San Diego County violated their father's civil rights by failing to prevent him from dying from pneumonia, malnutrition and dehydration while incarcerated. The county must produce surveillance video of decedent in the 72 hours leading up to his death. The children already have the names of the officers in the video, so protecting their identity is not an issue. The county has failed to explain why a protective order regarding the video would be insufficient to protect any contemplated harm.
Court: USDC Southern District of California, Judge: Major, Filed On: February 26, 2024, Case #: 3:23cv1357, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Discovery
J. Huie grants the shareholder $520,000 in attorney fees after a jury found in its favor in a lawsuit seeking to recover short-swing profits that the President and CEO of Franklin Wireless Corp. realized in two securities transactions. The shareholder requested $700,000 in fees, equating to 35% of the jury's $2 million award, but the amount is reduced to 26% of the recovery due to the short duration of the trial and the relatively simple issues in this case.
Court: USDC Southern District of California, Judge: Huie, Filed On: February 16, 2024, Case #: 3:21cv1316, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Attorney Fees
J. Huff grants final approval to a $1.62 million settlement that will end class action claims accusing Verizon of failing to properly compensate its employees for overtime. The average recovery for each class member will be $1,714, with the highest payout being $4,481. The settlement agreement also provides for $25,000 in civil PAGA penalties. Class counsel is granted $541,000 in fees.
Court: USDC Southern District of California, Judge: Huff, Filed On: February 13, 2024, Case #: 3:21cv1257, NOS: Other Labor Litigation - Labor, Categories: Employment, Settlements, Class Action
J. Lorenz grants JP Boden Services' motion to dismiss the consumer's Video Privacy Protection Act claims alleging that the company captures visitors' personal identifiable information while they view videos on its website. The consumer fails to plausibly allege that she "acted as a 'purchaser' or 'subscriber' sufficient to constitute a 'consumer' under the VPPA upon viewing a six-second video snippet when she landed on the Boden retail website." Therefore, the protections of the VPPA do not extend to her.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: February 12, 2024, Case #: 3:23cv534, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action, Technology
J. Sammartino dismisses intentional misrepresentation claims accusing the American Association of Blood Banks, which develops and enforces standards for DNA paternity testing, of permitting "lookalike" tests that allow laboratories to issue false DNA results. The man claims that one such test falsely indicated that he is the father of a third-party's child, but he fails to show a risk of future harm because he has not alleged that he will purchase or might submit to another test stamped by the organization.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: February 9, 2024, Case #: 3:23cv1160, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Unfair Competition, False Advertising
J. Houston partly grants the limited partner's motion for partial summary judgment concerning the sale of real estate assets. Although the co-general partner has an unambiguous right under the language of the Limited Partnership Agreement to sell the entirety of the real estate asset or to purchase the limited partnership's interest itself after the limited partner requests a sale, the limited partner still has the right to consent or decline a sale.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 9, 2024, Case #: 3:19cv2075, NOS: Other Contract - Contract, Categories: Real Estate, Partnerships
J. Sabraw dismisses the consumer's class action alleging that the company's Kombucha beverages have misleading labels that give consumers the false impression that the products contain real fruit juice. The front label of the product, which lists the names of fruits, is ambiguous, so the back label must also be considered. Because the back label states "0% JUICE" in a larger size and different colored font above the beverage's nutrition facts, a reasonable consumer would not assume the product contains real fruit juice.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: February 9, 2024, Case #: 3:23cv1091, NOS: Other Contract - Contract, Categories: Consumer Law, False Advertising
J. Montenegro grants the students' motion to overturn a magistrate judge’s discovery order in their case seeking a partial refund of tuition for the 2020-2021 academic year when the university switched to remote learning due to the Covid-19 pandemic. The magistrate judge erred in striking a supplemental expert report that was deemed untimely. The practical effect of striking the expert's damages calculation amounts to the dismissal of the students' contract and unjust enrichment claims, which is too severe a sanction.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: February 7, 2024, Case #: 3:20cv1946, NOS: Other Contract - Contract, Categories: Education, Experts, Discovery
J. Lopez grants a credit union's motion to compel arbitration concerning a customer's claims that it failed to provide disclosures of credit transactions. The customer has not provided any evidence to show that his physical signature on the arbitration agreement is inauthentic or forged. Furthermore, the credit union provided evidence that included a scanned image of the customer's driver's license showing the customer's handwritten signature from the day he opened an account with the union.
Court: USDC Southern District of California, Judge: Lopez, Filed On: February 6, 2024, Case #: 3:23cv533, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Banking / Lending
J. Burkhardt denies the government's motion to compel the patient, who claims that the Department of Veterans Affairs' failure to diagnose and treat a retinal tear in his left eye left him with permanent injuries, to undergo a mental health exam. The government has failed to meet its burden to show that the patient placed his mental condition in controversy. The amount of emotional distress damages the patient seeks does not, by itself, justify a court-ordered mental health examination.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: February 2, 2024, Case #: 3:23cv1026, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Emotional Distress, Discovery, Medical Malpractice
J. Anello partly grants Circle K Store's motion for attorney fees after prevailing on contract claims brought by a fuel supplier. Circle K requests more than $1.1 million in fees, but this amount is reduced to $806,000 because Circle K submitted billing entries containing redactions that are "insufficient to support the request to be compensated for those hours." Circle K fails to provide a sufficient explanation as to why the sealed versions of the records must contain redactions and why the court cannot view the redactions.
Court: USDC Southern District of California, Judge: Anello, Filed On: February 1, 2024, Case #: 3:21cv1416, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract