9 results for 'judge:"Staton"'.
J. Staton remands the employees' appeal of the insurance company's decision regarding the denial of his ERISA disability benefits. This matter is remanded to the plan administrator for further consideration on whether the employee is entitled to benefits for any and all time periods beginning on Feb. 23, 2021 and thereafter, because there is conflicting evidence on whether the employee qualified as disabled after the Feb. 22, 2021 denial letter.
Court: USDC Central District of California, Judge: Staton, Filed On: May 2, 2024, Case #: 2:21cv2092, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Staton grants the attorney general's motion for summary judgment and denies gun advocates' motion for summary judgment in a dispute over the constitutionality of California's Assault Weapons Control Act, a "law that makes it unlawful to manufacture, possess, sell, transfer, or import assault weapons into the state without a permit." There is no genuine dispute of material fact regarding whether "assault rifles are dangerous and unusual as a matter of law." The Assault Weapons Control Act is constitutional because either "assault rifles are dangerous and unusual and, therefore, not protected by the Second Amendment" or "assault rifles may be banned in accordance with this nation’s regulatory tradition of placing severe restrictions on dangerous and unusual weaponry."
Court: USDC Central District of California, Judge: Staton, Filed On: March 15, 2024, Case #: 8:17cv746, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms
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. 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
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J. Staton grants the $200,000 settlement for the California’s Private Attorneys General Act claim in the employee's complaint alleging that the moving services corporation improperly classified him and other employees as independent contractors to systematically fail to pay them for overtime, rest and meal periods, and business-related expenses. Although the employee does not describe what evidence he has and does not have for his misclassification claim and the penalties associated with this claim, the PAGA settlement is fair and adequate because it is based on sufficient discovery and information and it avoids serious litigation risks.
Court: USDC Central District of California, Judge: Staton, Filed On: November 9, 2023, Case #: 8:20cv2092, NOS: Other Labor Litigation - Labor, Categories: Settlements, Class Action, Labor
J. Staton affirms the bankruptcy court's order dismissing a father's appeal regarding "a promissory note secured by a junior deed of trust on real property...that was part of Debtor’s bankruptcy estate." The senior lienholder foreclosed on the property for lack of payment, which extinguished the junior lien. The foreclosure sale was valid, and the father knew the property was part of a Chapter 7 bankruptcy estate when he purchased it. The bankruptcy court did not err in concluding that the father failed to state a claim for wrongful foreclosure.
Court: USDC Central District of California, Judge: Staton, Filed On: September 29, 2023, Case #: 2:22cv6447, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Staton grants Fed Ex's motion to dismiss an employee's allegations of disability discrimination, harassment, retaliation, failure to accommodate and wrongful termination. The employee "fails to identify her job duties, her medical restrictions, or what accommodations would permit her to perform her duties." She is granted leave to amend her claims with factual allegations to correct these deficiencies.
Court: USDC Central District of California, Judge: Staton, Filed On: September 27, 2023, Case #: 2:23cv5180, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation