6 results for 'judge:"Westmore"'.
J. Westmore partially denies summary judgment to San Francisco officials in a wrongful conviction lawsuit brought by Joaquin Ciria, a man who spent decades in prison for a murder he did not commit. While the city prevails on a few Monell claims, the fabricated evidence-related claims proceed on the grounds that a potential jury could find that the officers involved used investigative tactics that were likely to result in bad intel and false evidence. Those officers are not shielded by immunity as a result and the case continues to the next stage.
Court: USDC Northern District of California, Judge: Westmore, Filed On: May 21, 2024, Case #: 4:22cv7510, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Westmore allows a single negligence claim to proceed against X Corp. in a class privacy dispute stemming from a 2022 data breach. X is shielded from the bulk of the contract and unjust enrichment claims by the Terms of Service agreement between it and its users, thought those claims are tossed with leave to amend in the event that users can prove the Terms of Service are "unconscionable." A negligence claim is allowed to survive at this stage, but its future survival is also predicated on the ability to prove that the Terms of Service are void.
Court: USDC Northern District of California, Judge: Westmore, Filed On: March 29, 2024, Case #: 4:23cv186, NOS: Other Contract - Contract, Categories: Negligence, Privacy, Class Action
J. Westmore denies the former family living trust trustee's motion for summary judgment on the beneficiary's breach of fiduciary duty, professional negligence and accounting claims. The trustee, at a minimum, owed statutory duties to the beneficiaries, and fact questions remain as to whether his actions amounted to gross negligence or were undertaken in good faith.
Court: USDC Northern District of California, Judge: Westmore, Filed On: August 4, 2023, Case #: 4:23cv675, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Trusts, Fiduciary Duty
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J. Westmore grants a motion from Alameda officials and the University of California to dismiss most civil rights claims brought by an individual who was subjected to a search warrant while he was attending the university. The individual claims a rifle was pointed in his face despite complying with commands during the home search and that his mother had cuffs put on so tight they injured her wrists. While false arrest claims against a single official in the dispute pass muster, the remainder of them are poorly pled and are too conclusionary to survive.
Court: USDC Northern District of California, Judge: Westmore, Filed On: June 29, 2023, Case #: 4:22cv4298, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct