291 results for 'court:"USDC Central District of California"'.
J. Sykes grants the customer's motion to exclude Costco's expert witness from testifying in her personal injury and premises liability lawsuit due to the expert's late disclosure report and the late date of his deposition. A decision "by counsel to schedule and take a vacation just three days before trial, when said counsel knew a deposition and an expert report remained outstanding, cannot be substantial justification for a late disclosure." The customer's counsel did not receive the report until the last day before trial in this matter began.
Court: USDC Central District of California, Judge: Sykes, Filed On: December 16, 2023, Case #: 2:21cv4470, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Experts, Discovery, Premises Liability
J. Bernal denies Monster Energy's motion for sanctions in its lawsuit accusing the pharmaceutical company's products of infringing on Monster's trademarks. Monster Energy does not prove that the pharmaceutical company acted in bad faith as the deposition of the latter's former sales executive often explicitly corroborates the statements that Monster contends are false. The record shows that the executive participated in the pharmaceutical company's preparation and ratified its content during the injunction proceedings, and other witness testimony supports the disputed contents of the executive's declaration.
Court: USDC Central District of California, Judge: Bernal, Filed On: December 14, 2023, Case #: 5:18cv1882, NOS: Other Statutory Actions - Other Suits, Categories: Sanctions, Trademark, Discovery
J. Blumenfeld Jr. grants the insured $312,300 in attorney fees and $3,800 in costs for her complaint that the insurance company made an error in overpaying her $56,400 in long-term disability benefits over nine years and then demanded she pay the company back when it discovered the mistake. The insured seeks $571,100 in attorney fees for nearly 850 time entries for four years of work, but that amount is reduced because a number of items are excessive, redundant and unnecessarily billed, and there is sometimes "a mismatch between counsel’s experience offered to justify high hourly rates and the amount."
Court: USDC Central District of California, Judge: Blumenfeld Jr., Filed On: December 13, 2023, Case #: 8:20cv821, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
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J. Gutierrez finds in favor of the city against the former fire chief's complaint that the city violated his First Amendment rights by firing him for statements he made on a podcast about civil unrest, which coincided with a time of public outcry against the police following George Floyd's death three weeks prior. The former fire chief's statements reflected on the city and the fire department because he never indicated during the podcast or afterward that he spoke in his individual capacity, as he represented himself as "Fire Chief Daryn Drum."
Court: USDC Central District of California, Judge: Gutierrez, Filed On: December 12, 2023, Case #: 2:21cv8492, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, First Amendment
J. Snyder enters findings of fact and conclusions of law that an LED module manufacturer has not shown that a competitor's infringement of its patent was willful. The manufacturer showed that the competitor infringed on its “Unified Driver and Light Source Assembly For Recessed Lighting” patent, and the court previously issued a preliminary injunction enjoining the competitor from making or selling the infringing versions of its light modules. The competitor changed its design immediately after receiving the cease-and-desist letter. "Nothing in the 12-day pre-suit notice period suggests willfulness."
Court: USDC Central District of California, Judge: Snyder, Filed On: December 11, 2023, Case #: 2:18cv7090, NOS: Patent - Property Rights, Categories: Patent
J. Wu dismisses Playvuu's claims that the SnapChat app infringes on its patent. Playvuu's claimed method "for generating and sharing content is abstract because it describes using technology to automate a series of tasks by presenting information to a user and processing that information," which is patent ineligible. Playvuu has not pointed to any non-abstract features of the claimed method that would "present an avenue for a possible fact question concerning unconventionality."
Court: USDC Central District of California, Judge: Wu, Filed On: December 8, 2023, Case #: 2:22cv6019, NOS: Patent - Property Rights, Categories: Patent
J. Slaughter grants Wells Fargo $10,700 in attorney fees for its complaint accusing Brian Lam, acting on behalf of himself and the investment advisory company, of not paying for his deposited demand drafts in his Wells Fargo account. The requested hourly rates for Wells Fargo's attorneys, which range from $145 to $408 an hour, are reasonable because each attorney has a relevant amount of experience and submits justified time entries.
Court: USDC Central District of California, Judge: Slaughter, Filed On: December 7, 2023, Case #: 2:22cv1277, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Bernal finds in favor of the food company against the operations manager's complaint accusing it of conducting a wrongful investigation that led to his termination because he complained about its meal policy and because he is of Canadian origin. The operations manager did not exhaust administrative remedies regarding his July 2019 written warning and he does not offer any rebuttals to the warning itself. Furthermore, he does not establish sufficient evidence that his national origin was a factor in his firing.
Court: USDC Central District of California, Judge: Bernal, Filed On: December 7, 2023, Case #: 5:21cv1111, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Wilson finds in favor of Lions Gate against the screenwriter's complaint accusing it of creating and airing a television show called "P-Valley" that infringed on the screenwriter's copyright for her musical stage play, "Soul Kittens Cabaret," as both works are about Black dancers working in a cabaret club. The idea for the play is not unique enough to make it a protected idea and there are no other substantial similarities between the two pieces of work.
Court: USDC Central District of California, Judge: Wilson, Filed On: December 7, 2023, Case #: 2:23cv2147, NOS: Copyrights - Property Rights, Categories: Copyright
J. Wu finds that the manufacturer demonstrates fair use of the automation company's copyrighted material, as the automation company originally disputed in its complaint that the manufacturer's products infringe on the automation company's M9-Series digital test instruments. The manufacturer's use of the copyright is transformative enough when compared to the original trademarked product, and the automation company does not make it clear what dispute is at issue regarding the code.
Court: USDC Central District of California, Judge: Wu, Filed On: December 6, 2023, Case #: 2:20cv2713, NOS: Trademark - Property Rights, Categories: Copyright, Trademark
J. Staton partially grants the consumer's motion for attorney fees following a settlement for her complaint accusing Mercedes-Benz of selling her an irreparably defective 2019 Mercedes-Benz GLC350E4, which had problems with the air conditioning system. The consumer's counsel receives a reduced hourly rate of $515 because his requested rate of $650 is higher than the average. The requested fees are also reduced due several excessive or duplicative time entries and block-billing, leaving the total award at $13,816.
Court: USDC Central District of California, Judge: Staton, Filed On: December 6, 2023, Case #: 2:22cv6032, NOS: Other Contract - Contract, Categories: Warranty, Attorney Fees, Contract
J. Frimpong grants in part cross-motions in limine in a dispute between a wireless company and a city that denied the company's application to build a new stealth wireless communications facility to address an alleged coverage gap. The company alleges that the denial violates the Telecommunications Act. The city's expert "is a designated expert with appropriate credentials." Evidence of alternative technologies shall be permitted. The wireless company's expert shall be permitted to discuss the alleged coverage gap.
Court: USDC Central District of California, Judge: Frimpong, Filed On: December 5, 2023, Case #: 2:22cv1642, NOS: Other Statutory Actions - Other Suits, Categories: Communications
J. Wright denies an individual's motion to dismiss a breach of contract claim brought against him by a cryptocurrency owner who alleges the individual did not make repayment agreement payments following the alleged theft of his cryptocurrency from a digital wallet. The individual who was holding the cryptocurrency agreed to pay in installments following the theft, but only made the first payment to the cryptocurrency owner. The cryptocurrency owner has sufficiently pleaded the existence of a valid contract.
Court: USDC Central District of California, Judge: Wright, Filed On: December 5, 2023, Case #: 2:23cv5607, NOS: Negotiable Instrument - Contract, Categories: Contract
J. Frimpong denies Target's and denies in part the county's motions for summary judgment in a civil rights suit brought by teenage shoppers who were detained after three men robbed a Target and fled. The teens allege they were wrongfully detained despite a store employee stating that they were not with the thieves. Store employees blockaded the exits, preventing the teens from leaving until the police arrived. The teens were detained by police, and released after deputies determined that they were not involved in the crime. A material dispute of fact exists regarding the teens' Unruh Act, Bane Act, Ralph Act, false imprisonment, negligence, defamation and excessive force claims. The deputies are not entitled to qualified immunity.
Court: USDC Central District of California, Judge: Frimpong, Filed On: December 1, 2023, Case #: 2:22cv1237, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Frimpong denies an insurance company's motion for summary judgment regarding an insured's allegations that the insurer wrongfully denied his property damage claim after a reverse osmosis system failed and water flooded the kitchen. There is a genuine issue of fact regarding whether the wear and tear exclusion or water exclusion apply, and whether the insurer acted reasonably. The insurer has not shown that the loss is entirely excluded under the policy. The insured's breach of contract and breach of the implied covenant of good faith and fair dealing claims continue.
Court: USDC Central District of California, Judge: Frimpong, Filed On: November 30, 2023, Case #: 2:22cv9261, NOS: Insurance - Contract, Categories: Insurance
J. Staton affirms the bankruptcy court's order denying attorney fees but reverses its order denying costs, awarding $11,032 to the debtor. The bankruptcy court determined that there was no prevailing party in the matter, and the debtor appealed. The "definition of prevailing party for purposes of costs is different than that used for attorney’s fees." The bankruptcy court applied the correct legal standard for determining attorney fees but lacked discretion to deny the debtor "prevailing party" status regarding costs.
Court: USDC Central District of California, Judge: Staton, Filed On: November 28, 2023, Case #: 5:23cv301, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Staton partially grants the consumers' motion for attorney fees for their complaint asserting that Mercedes-Benz USA sold them a vehicle with serious defects, including “powertrain system defects, engine defects and other serious nonconformities.” The consumers' counsel submits reasonably detailed billing records for 30.7 attorney hours for three attorneys, but their claim that their possibly delayed time spent on a $59,000 settlement offer does not justify the costs incurred after Jul. 10, 2023, when MBUSA removed this case to federal court.
Court: USDC Central District of California, Judge: Staton, Filed On: November 28, 2023, Case #: 2:23cv5532, NOS: Other Contract - Contract, Categories: Settlements, Attorney Fees, Contract
J. Hsu grants an employer's motion to dismiss an employee's allegations of disability discrimination and wrongful termination. The employee suffered a ruptured brain aneurysm and had surgery and was hospitalized. She alleges that she returned to work but continued to suffer symptoms, and after requesting medical leave, she was fired. The employee has not shown that she is “a qualified individual eligible for FEHA’s protections" as she has not shown that she was able to perform her essential duties with or without reasonable accommodations. The employee is granted leave to amend.
Court: USDC Central District of California, Judge: Hsu, Filed On: November 27, 2023, Case #: 2:23cv5906, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Bernal finds, based on findings of fact and conclusions of law, that the parent has not shown that an administrative law judge's factual findings regarding her child's special education needs were erroneous or that any issues in the Office of Administrative Hearings' decision were time-barred. The parent sought partial reversal of the Office of Administrative Hearings' findings that her child was not eligible for special education and related services after June 30, 2017 and was not entitled to a free appropriate public education from the school district. The administrative law judge found that the parent refused to consent to the school district's assessment plans for the student.
Court: USDC Central District of California, Judge: Bernal, Filed On: November 22, 2023, Case #: 5:21cv326, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education
J. Olguin grants final approval of a $190,000 settlement in the hourly non-exempt driver's class action alleging that the distribution company did not pay him and other drivers their owed minimum wage, authorize pay for their meal and rest periods, or timely pay all earned wages. The settlement is fair, reasonable and adequate.
Court: USDC Central District of California, Judge: Olguin, Filed On: November 22, 2023, Case #: 2:20cv11169, NOS: Employment - Civil Rights, Categories: Employment, Settlements, Class Action
J. Frimpong denies in part a comic book co-creator and writer's motion for summary judgment regarding a colorist's allegations of copyright infringement. The colorist alleges that he is a co-writer of the comic book "Invincible," that he owns a portion of the copyright, and that he is owed royalties on derivative works based on "Invincible." The statute of limitations bars the colorist's copyright and fraud claims, but a factual dispute exists regarding the initial agreement and the colorist's compensation. Neither the breach of contract claim nor the claims for declaratory relief as to the Certificate of Authorship are time-barred. The colorist "seeks either to invalidate the Certificate of Authorship on the basis that it lacked consideration or to clarify the meaning and scope of the Certificate of Authorship and oral contract."
Court: USDC Central District of California, Judge: Frimpong, Filed On: November 22, 2023, Case #: 2:22cv180, NOS: Copyrights - Property Rights, Categories: Copyright, Fraud, Contract
J. Kronstadt grants final approval to a settlement that will bring an end to the consumer's class action accusing the debt collection company of sending him a notice of its intent to sell his repossessed vehicle without the required advanced notice and without several other disclosures, and then improperly demanding that the consumer pay the difference between the amount due under the sales contract and the amount received at the sale of the repossessed vehicle. Under the settlement agreement, the company will issue refund checks to class members who paid any amount of their deficiency balances and will waive the remaining deficiency balances of all class members. Class counsel is entitled to an award of $60,000 in fees.
Court: USDC Central District of California, Judge: Kronstadt, Filed On: November 21, 2023, Case #: 2:21cv6376, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Settlements, Class Action
J. Klausner dismisses the California State University professors' complaint accusing the CSU chancellor and others of implementing a policy that discriminated against members of the Indian and South Asian communities and those who practiced Hinduism. The professors claim that the policy violates due process because it uses the word "caste" without providing a definition and thus allows vague usage. However, the anti-discrimination policy is meant to shield religion from discrimination, and they do not show that they face a credible threat of persecution from this policy despite being Hindu practitioners for the duration of their employment.
Court: USDC Central District of California, Judge: Klausner, Filed On: November 21, 2023, Case #: 2:22cv7550, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Due Process