6 results for 'judge:"Gutierrez"'.
J. Gutierrez grants an insurance company's motion in limine in an insurance coverage dispute over groundwater contamination. The county asserts there were 18 separate occurrences that caused groundwater contamination. The insurer seeks to preclude the county from offering evidence relating to the county's claim for future policy benefits. The county "fails to provide...reasons for how its untimely disclosures were substantially justified and harmless." The county is precluded "from offering evidence or argument regarding its damages claim for future policy benefits."
Court: USDC Central District of California, Judge: Gutierrez, Filed On: February 14, 2024, Case #: 5:21cv1978, NOS: Insurance - Contract, Categories: Insurance
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. Gutierrez partially grants the higher education institutions' motion for default judgment for their complaint alleging that the employees used their access to the institutions' trade secrets and confidential information to induce their clinical partners to use a competitor's services. The institutions seek $808,600 in compensatory damages under their misappropriation of trade secrets and fraud claims, but they do not have sufficient evidence to prove associated compensatory damages due to untraceable calculations, so they receive $681,000 in compensatory damages.
Court: USDC Central District of California, Judge: Gutierrez, Filed On: October 6, 2023, Case #: 2:21cv698, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trade Secrets, Damages
J. Gutierrez grants the trainer $163,900 in attorney fees after she and Sculpt Society succeeded against the choreography-based fitness company's claim that the trainer, who used to work for the company, used its methods to start Sculpt Society. The trainer asked for $239,000 in attorney fees, but that amount is adjusted because the work of the practice support supervisor for clerical or secretarial tasks is excluded in lodestar analyses as it is considered part of the firm’s overhead, among other reductions.
Court: USDC Central District of California, Judge: Gutierrez, Filed On: September 11, 2023, Case #: 2:22cv4735, NOS: Copyrights - Property Rights, Categories: Copyright, Attorney Fees
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
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J. Gutierrez finds that the district court properly entered a sentence in a matter which required the panel to consider an enhancement of a guidelines calculation if defendant possessed a dangerous weapon at the time of a felony drug offense. Enhancement was constitutional because "it clearly comports with a history and tradition of regulating the possession of firearms during the commission of felonies involving a risk of violence." Affirmed.
Court: 9th Circuit, Judge: Gutierrez, Filed On: June 13, 2023, Case #: 22-30141, Categories: Constitution, Drug Offender, Firearms