14 results for 'judge:"Sabraw"'.
J. Sabraw rules an employee may pursue failure to accommodate claims against Amazon related to his "bow-legged gait." The employee has sufficiently alleged that his manager insisted that there was no way to accommodate what the manager referred to as the employee's "obvious disability" and "limp," leading Amazon to determine that it could no longer provide him a temporary accommodation due to the "peak season" and subsequently placed the employee on a leave of absence.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: March 29, 2024, Case #: 3:22cv1275, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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
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J. Sabraw partly grants an insurance company's motion for partial summary judgment concerning claims that another insurance company withdrew representation on behalf of a construction company in an underlying lawsuit over a poorly constructed a garage. The insurance company sufficiently shows that the second insurer is obligated for equitable contribution because its policy was in effect at the time of the incident.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: January 8, 2024, Case #: 3:23cv79, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Sabraw rules that a consumer may pursue negligence claims against Wells Fargo for allegedly failing to protect his money by depleting his accounts without warning. The economic loss doctrine does not apply because the consumer has alleged that he suffered damages beyond loss of money. Specifically, he alleges he spent time at the bank attempting to learn how his accounts were depleted and suffered anxiety because the money that was depleted was being saved in case of future medical necessities.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: December 1, 2023, Case #: 3:23cv617, NOS: Other Contract - Contract, Categories: Negligence, Banking / Lending, Contract
J. Sabraw denies a background check agency's motion to dismiss Fair Credit Reporting Act claims brought by a class of consumers who say the agency is reporting and publishing consumers' criminal cases that have been expunged. There is a genuine dispute as to whether the agency's review of the state court's website rather than the actual court docket was a reasonable procedure, especially given the disclaimer on the website stating that the information found there does not constitute the official record of the court.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: October 17, 2023, Case #: 3:16cv662, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law
J. Sabraw grants LLC Enterprise's motion to disqualify Stryder Holdings' counsel in a lawsuit over the purchase of a company, Empire Ecommerce, that allegedly had numerous liabilities that were not disclosed prior to the sale. Stryder's counsel must be disqualified from the case due to its prior representation of Empire Ecommerce. The law firm had "a direct and personal relationship" with Empire both during Snyder's operation of Empire and after LLC Enterprise's acquisition of Empire.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 24, 2023, Case #: 3:22cv1944, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Contract
J. Sabraw rules that a consumer may pursue some claims against Wells Fargo for allegedly failing to prevent an unknown person from accessing his bank account and funneling over $5,000 of funds that the culprit used to make purchases. The consumer's California Consumer Privacy Act claim can move forward based on his allegations that he suffered unauthorized access and disclosure of his personal information. The consumer's negligence claim based on his loss of time and emotional distress can also move forward, but his negligence claim based on economic losses is precluded by the economic loss doctrine.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 9, 2023, Case #: 3:23cv617, NOS: Other Contract - Contract, Categories: Negligence, Privacy, Banking / Lending
J. Sabraw grants a U.S. Army retiree's motion to pursue negligence claims against Camp Pendleton for personal injuries arising from water and mold damage in her home. While most of the retiree's claims are barred by the choice of law provision in the parties' lease contract, her claim for negligence does reference the section of California Civil Code cited as an exception to the provision. Also, Camp Pendleton fails to show how the Supremacy Clause would bar this particular claim.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 4, 2023, Case #: 3:21cv1514, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Negligence, Choice Of Law
J. Sabraw dismisses the putative father's lawsuit accusing the laboratory of generating a false test result that found he was the biological father of the child in a paternity suit. The paternity test was conducted pursuant to a court order, so the claims are barred by the litigation privilege. Furthermore, California law provides no private right of action permitting the putative father to bring claims for damages for violations of the Family Code.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: June 8, 2023, Case #: 3:22cv1213, NOS: Other Fraud - Torts - Personal Property, Categories: Family Law, Fraud, Privilege