18 results for 'judge:"Battaglia"'.
J. Battaglia rules that a class of consumers may pursue California Invasion of Privacy Act and California Computer Data Access and Fraud Act violations against Kohl's alleging that its website chat feature may be facilitating eavesdropping. The consumers sufficiently allege that the website chat feature operates through a third-party's servers, allowing real-time interception of chats between website users and Kohl's customer service representatives. The consumers also sufficiently allege that there is a market for website users' data from which Kohl's and the third party profit.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:23cv1988, NOS: Other Civil Rights - Civil Rights, Categories: Privacy, Class Action, Technology
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J. Battaglia rules a property association may pursue contract claims against State Farm Insurance. The property association sufficiently alleges that its claim loss falls within the parties' endorsement in a residential community association policy after it was swindled by a third party with a fake email account who convinced the association's treasurer to wire it money. The treasurer's error counts as a "wrongful act," which is covered by the policy's endorsement.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:23cv195, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Battaglia grants a class of homeless residents' motion for preliminary approval of a settlement that will bring an end to their claims alleging that the City of San Diego breached their due process rights by forbidding "vehicle human habitation." Under the agreement, the city will forgive all outstanding tickets incurred by class members for parking oversized vehicles between 2 a.m. and 6 a.m., and tickets for "violation of signs" prohibition vehicle habitation. The city also agrees to expand and improve its designated parking program.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:17cv2324, NOS: Other Civil Rights - Civil Rights, Categories: Municipal Law, Settlements, Class Action
J. Battaglia finds that an employee may pursue some claims for labor code violations against a pipeline construction company. The employee's minimum wage claims are not substantially dependent on the collective bargaining agreement, so they are not preempted by the Labor Management Relations Act. The employee can also pursue a claim for reimbursement based on the use of a personal cell phone, as none of the provisions in the CBA relate to cell phone expenses.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: January 16, 2024, Case #: 3:23cv1626, NOS: Labor/Management Relations - Labor, Categories: Employment, Preemption, Labor
J. Battaglia grants the employees' motion to order a ship repair company to provide them with information concerning the identities of putative class members who have received settlement letters from the company and who have purportedly released their claims by signing settlement agreements checks. In order "to counteract the coercive nature of the employer-employee communications, the putative class should be explicitly instructed that they have more time to consider the officer, discuss with plaintiffs' counsel, and either complete the settlement or withdraw their prior release as they choose."
Court: USDC Southern District of California, Judge: Battaglia, Filed On: December 12, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Class Action
J. Battaglia grants class certification as to a minimum wage, overtime, and meal break subclasses in the employees' labor action against the shipyard. Common questions predominate individualized issues in these subclasses. However, certification is denied for the two reimbursement subclasses. The employees offer no way of determining on a class-wide basis when or to what extent class members incurred unreimbursed business expenses. Each class member's claimed expenses would need to be scrutinized individually.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: December 6, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: Employment, Class Action, Labor
J. Battaglia grants a staffing group's motion to dismiss Fair Labor Standards Act claims brought by an employee, a citizen of Texas, who claims the company failed to pay him time and a half for overtime. Although the staffing company, which is primarily located in Massachusetts, is registered to do business in California and maintains offices in the state, there are no allegations that the employee's injuries arose from the company's California presence, so the court lacks personal jurisdiction.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: October 18, 2023, Case #: 3:23cv820, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Jurisdiction, Labor
J. Battaglia finds in favor of the money lender and the private investor concerning a construction supervisor's claims that they unjustifiably recorded a notice of default against a housing project and then engaged in copyright infringement by using his designs without permission. The supervisor's complaint makes it clear that, with due diligence, he should have discovered the alleged infringement in 2010 at the earliest or in 2014 at the latest, but he failed to file his suit until 2018, well after the three-year statute of limitations had expired.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: September 26, 2023, Case #: 3:18cv1731, NOS: Copyrights - Property Rights, Categories: Construction, Copyright
J. Battaglia partially denies a water district's motion to exclude an expert's opinion in litigation concerning a car crash involving the water district's employee that resulted in the death of another driver. The family's expert may testify as to his opinion of the loss of decedent's future income and as to the net salary of a college graduate working in Brazil for a multi-national company until age 62, but may not testify about pain or suffering, monetized or otherwise.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: September 14, 2023, Case #: 3:20cv1800, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Experts, Discovery
J. Battaglia denies a baked goods company's motion to compel arbitration concerning a class of employees' California Labor Code violations. The existing arbitration clause in their employment agreements "contains multiple unconscionable provisions that significantly hinder plaintiffs' ability to bring claims against defendant, imposes a hefty financial burden on plaintiffs alone, and excludes from arbitration those claims most likely to be brought by defendants." These circumstances "demonstrate an intent to force a weaker party into unfair arbitration."
Court: USDC Southern District of California, Judge: Battaglia, Filed On: September 13, 2023, Case #: 3:22cv1269, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Class Action
J. Battaglia grants a ship repair company's motion for $9,060 in attorney fees after the employee's wage-and-hour case was terminated as a sanction for the employee's failure to comply with his discovery obligations. Although the employee argues that a payment of attorney fees would cause him severe financial hardship, that hardship was avoidable as he was given warnings about possible sanctions for noncompliance with discovery.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: September 13, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Attorney Fees