290 results for 'court:"USDC Southern District of California"'.
J. Anello finds that a detainee may pursue unreasonable search claims against the county for its staff allegedly humiliating him while he was naked during an anal cavity search, using vulgar and sexual comments. The detainee sufficiently alleges that the anal cavity search was performed despite two strip searches and four x-rays revealing no signs of contraband, and that there were less invasive measures available.
Court: USDC Southern District of California, Judge: Anello, Filed On: May 15, 2024, Case #: 3:24cv366, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Anello finds that a detainee may pursue unreasonable search claims against the county for its staff allegedly humiliating him while he was naked during an anal cavity search, using vulgar and sexual comments. The detainee sufficiently alleges that the anal cavity search was performed despite two strip searches and four x-rays revealing no signs of contraband, and that there were less invasive measures available.
Court: USDC Southern District of California, Judge: Anello, Filed On: May 15, 2024, Case #: 3:24cv366, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Whelan affirms a magistrate judge's discovery order denying Abbott Laboratories' motion to compel production of a private fund advisor's disclosure statements to the government in false claims action accusing Abbott of engaging in a nationwide scheme of paying illegal kickbacks to physicians and hospitals. "Abbott has not known a 'substantial need' to overcome the work product doctrine and access the disclosure statement since Abbott's asserted public disclosure defense, as pled, is too conclusory."
Court: USDC Southern District of California, Judge: Whelan, Filed On: May 14, 2024, Case #: 3:20cv286, NOS: False Claims Act - Torts - Personal Injury, Categories: Discovery, False Claims
J. Rodriguez denies the city's motion for a protective order restricting the former commander from questioning witnesses about certain documents during upcoming depositions and excluding those documents from the commander's employment discrimination lawsuit. The documents, which include emails from city employees relating to various internal investigations, were sent to the former commander anonymously. The city has not established that these documents were ever in the city's possession or that they were illegally intercepted. Nor has the city provided any declarations to support assertions of attorney-client privilege.
Court: USDC Southern District of California, Judge: Rodriguez, Filed On: May 10, 2024, Case #: 3:22cv526, NOS: Other Civil Rights - Civil Rights, Categories: Discovery, Employment Discrimination
J. Simmons grants PharmaCare Laboratories' motion to dismiss the consumers' false representation claims concerning its black elderberry products. PharmaCare Laboratories is an Australian company with its principal place of business in Austria. Its has provided evidence that the other defendant in the case, PharmaCare U.S., is responsible for manufacturing and selling the black elderberry products in California. Therefore, the court lacks jurisdiction over PharmaCare Laboratories.
Court: USDC Southern District of California, Judge: Simmons, Filed On: May 10, 2024, Case #: 3:23cv1318, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Jurisdiction
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J. Sammartino denies in part Alaska Airlines' motion in limine in the customer service associate's employment action. The airline seeks to exclude the circumstances of another employee's termination, but only provides ill-defined representations and abstract arguments to support its request, which are insufficient. However, previously undisclosed witnesses who were only briefly mentioned during discovery will be excluded from testifying at trial.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: May 9, 2024, Case #: 3:22cv203, NOS: Employment - Civil Rights, Categories: Employment, Discovery
J. Curiel grants a pharmaceutical company's motion for summary judgment concerning an employee's claims that the company wrongfully distributed his entire 401(k) account balance to his ex-wife following a state court judgment. The employee argues that the distribution of his account when he was only 55 years old was premature and that any distribution was impermissible until he turned 59.5 years old. However, he fails to show how he was harmed by the premature distribution since he could not access or derive any benefit from the assets in his account.
Court: USDC Southern District of California, Judge: Curiel, Filed On: May 9, 2024, Case #: 3:18cv2856, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa
J. Lopez grants a law firm's motion for $42,000 in attorney fees after prevailing against a former client's claims for conversion and legal malpractice. The law firm sufficiently shows that it incurred almost 100 hours of work and that the hourly rates are reasonable.
Court: USDC Southern District of California, Judge: Lopez, Filed On: May 9, 2024, Case #: 3:19cv605, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Legal Malpractice, Attorney Fees
J. Curiel dismisses the investors' claims that the owners of a medical imaging company fraudulently induced them to invest $3.5 million into the company through Simple Agreements for Future Equity (SAFE Notes). The investors have not shown that it is inevitable that the company will fail or that they will not recover their investment. Without sufficiently alleging economic loss, the investors cannot show that the owners of the company made misrepresentations that caused a loss.
Court: USDC Southern District of California, Judge: Curiel, Filed On: May 7, 2024, Case #: 3:22cv1917, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Curiel finds that the insurance company breached the covenant of good faith and fair dealing when it unreasonably rejected the $15,000 policy limits settlement offered by a motorist who was injured in a car accident caused by the insured. Despite being informed multiple times that the motorist had not been able to work since the accident, the insurance company assessed $0 for lost wages. There was plenty of documentation to show that the motorist would have been entitled to a judgment over $15,000.
Court: USDC Southern District of California, Judge: Curiel, Filed On: May 7, 2024, Case #: 3:23cv777, NOS: Insurance - Contract, Categories: Insurance
J. Whelan declines in part to dismiss the driver's complaint alleging that McLaren Automotive was unable to repair his 2020 McLaren 620R. The driver may move forward with his claim for breach of express warranty claim under state law, but not his warranty claims under federal law. The driver's complaint alleges violations of state express and implied warranty law, but does not allege that the vehicle's warranty was a "full warranty" that failed to meet the federal standard.
Court: USDC Southern District of California, Judge: Whelan, Filed On: May 6, 2024, Case #: 3:23cv1928, NOS: Contract Product Liability - Contract, Categories: Warranty
J. Sammartino partially grants CoreCivic's motion to stay in a case accusing it of violating California's labor laws with respect to detainees' voluntary work and coercing detainees to perform uncompensated work in violation of both state and federal law. The limited stay only applies to dispositive motions regarding state law claims potentially subject to the constitutional defense at issue in a case pending before the 9th Circuit. However, discovery related to the state law claims will not be stayed, as this case has already been going on for nearly seven years.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: May 6, 2024, Case #: 3:17cv1112, NOS: Other Statutory Actions - Other Suits, Categories: Discovery, Labor
J. Anello dismisses the solar roofing company's RICO and fraud claims against a consultant alleging that she and the company's CEO "siphoned" company money through paycheck protection program loan applications. The company fails to provide details as to "whether, how, when or why" loan proceeds were used to pay the consultant's bills for her personal property. The company further fails to identify on which loan application the consultant is alleged to have made the fraudulent reporting.
Court: USDC Southern District of California, Judge: Anello, Filed On: May 3, 2024, Case #: 3:23cv2323, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion, Racketeering
J. Bashant rules that a medical product solutions company may pursue fraudulent inducement claims against a diagnostic testing service. The medical product solutions company sufficiently alleges that the diagnostic testing service entered into a separate agreement with a third party to sell its products without remitting a portion of the revenues.
Court: USDC Southern District of California, Judge: Bashant, Filed On: May 1, 2024, Case #: 3:22cv785, NOS: Other Contract - Contract, Categories: Contract
J. Bashant finds in favor of BMW on the driver's warranty claims related to the used BMW she purchased from a used car dealership not affiliated with BMW. A used vehicle sold with a remaining balance on the original manufacturer's warranty is not a new vehicle under the Song-Beverly Consumer Warranty Act. Because all of the driver's claims rely on her vehicle being a new vehicle, they are legally foreclosed.
Court: USDC Southern District of California, Judge: Bashant, Filed On: April 30, 2024, Case #: 3:22cv1749, NOS: Other Contract - Contract, Categories: Warranty, Contract
J. Curiel awards class counsel $246,000 in attorney fees following the settlement of the customers' class action accusing The Children's Place of falsely advertising that its items were discounted when they were not. Although the amount represents 42% of the settlement's redeemed coupon value, this is appropriate due to the 2,000 hours counsel put in and the fact that The Children's Place agreed not to contest a fee award as high as $1.08 million. This is not a windfall for class counsel.
Court: USDC Southern District of California, Judge: Curiel, Filed On: April 30, 2024, Case #: 3:16cv370, NOS: Other Fraud - Torts - Personal Property, Categories: Unfair Competition, Attorney Fees, False Advertising
J. Huff dismisses securities claims alleging that the insulin diabetes medical device company falsely reassured investors that the impact from competition was no worse than anticipated and that the company ignored members of the sales forces who believed the company's financial goals were unattainable. The investors' allegations do not defeat the company's assertion that it reasonably believed that it would achieve its financial goals due to the usual, seasonal uptick in sales that typically begins in the third and fourth quarters.
Court: USDC Southern District of California, Judge: Huff, Filed On: April 30, 2024, Case #: 3:23cv1657, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Bencivengo finds that a woman whose conviction for murdering her husband with a hammer was vacated may pursue civil rights claims against the County of San Diego and certain police officers. The woman sufficiently alleges that the county crime lab mishandled evidence and produced "at least four error ridden forensic reports." Her allegations that the crime lab was not accredited and had no manual for the proper handling of evidence are also sufficient to bring Monell claims against the County.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: April 16, 2024, Case #: 3:23cv1045, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct