295 results for 'court:"USDC Central District of California"'.
J. Aenlle-Rocha finds in favor of the Japanese trustee for the American trustee's claim that the former advised the latter to sell Omniture to Adobe in December 2013, triggering a potential tax liability that would mitigate the Japanese trustee's own tax liability if TPP Capital Advisors (TPP) was the majority owner and the sale happened in Japan. The American trustee admitted that he and other trustees obtained ownership interests in TPP to create the tax avoidance strategy and the documents to defraud the Japanese National Tax Agency, which is illegal and against California public policy. Also, recordings clearly established that the Japanese trustee offered the American trustee and other trustees TPP ownership interest exchange for their assistance with the NTA audit.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: June 20, 2023, Case #: 5:19cv1824, NOS: Other Contract - Contract, Categories: Tax, Fiduciary Duty, Contract
J. Wright denies in part the government's motion to dismiss an individual's "action to compel the United States Citizenship and Immigration Services (USCIS) to adjudicate her application for asylum." The court retains jurisdiction to hear the individual's claims under the Administrative Procedures Act, however the individual fails to state a plausible claim under the Administrative Procedures Act, as the individual's "allegations demonstrate minimal risk to human health or welfare." The individual is granted leave to amend.
Court: USDC Central District of California, Judge: Wright, Filed On: June 16, 2023, Case #: 2:22cv5846, NOS: Other Immigration Actions - Immigration, Categories: Immigration
J. Walter finds in favor of Experian Information Solutions for the consumer's defamation complaint alleging that the credit reporting company entered false information and records about the consumer that caused him $5.2 million in damages. The consumer does not offer sufficient evidence to support his argument that "Experian and their counsel are idiots," or provide any other evidence to support a finding of willfulness or malice.
Court: USDC Central District of California, Judge: Walter, Filed On: June 8, 2023, Case #: 2:22cv4268, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Defamation
J. Wright denies in part a management company's motion for judgment as a matter of law in a disability discrimination suit in which a jury found in favor of a tenant after the management company refused to assign the tenant a handicap accessible space in front of the apartment. The management company challenges the ruling, claiming that it provided a reasonable alternative accommodation. Evidence does not support the jury's verdict that the management company caused the individual harm, or the $250,000 award in emotional distress damages. However, the jury did not err in finding that the management company's offer to move the individual to another apartment was not a reasonable alternative accommodation. The management company's motion for a new trial is granted.
Court: USDC Central District of California, Judge: Wright, Filed On: June 7, 2023, Case #: 2:21cv3275, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Housing
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J. Frimpong grants in part an apparel company's motion to dismiss a lace designer's copyright infringement claims. The lace designer has not shown that the apparel company had access to its lace design or that the subject design and the infringing product are strikingly similar. The designer is granted leave to amend as it may be able to plead additional facts to address deficiencies.
Court: USDC Central District of California, Judge: Frimpong, Filed On: June 7, 2023, Case #: 2:22cv4425, NOS: Copyrights - Property Rights, Categories: Copyright
J. Kronstadt grants an employer's motion to dismiss an employee's allegations of wage and hour violations. An enforceable arbitration agreement exists between the parties as part of the collective bargaining agreement, therefore the court lacks subject matter jurisdiction over all of the employee's claims, and the entire action must be dismissed. The parties shall submit the claims to arbitration.
Court: USDC Central District of California, Judge: Kronstadt, Filed On: June 6, 2023, Case #: 2:21cv6117, NOS: Employment - Civil Rights, Categories: Arbitration, Employment
J. Snyder grants a trustee, who is the former minister of defense of Kuwait, and the government of Kuwait's motion to file an amended complaint contesting forfeiture of real property and assets allegedly purchased with embezzled funds. The trustee alleges that he is acting on behalf of the head of the Kuwaiti royal family, former Amir, and his wife. The trustee acted diligently in seeking leave to amend and "has provided a sufficient explanation for his failure to comply with the scheduling order."
Court: USDC Central District of California, Judge: Snyder, Filed On: June 5, 2023, Case #: 2:20cv6314, NOS: Other - Forfeiture/Penalty, Categories: Forfeiture
J. Snyder grants a retirement plan's motion for summary judgment regarding an individual's allegations that the plan erroneously disbursed his entire retirement savings account balance to his ex-wife due to an erroneous qualified domestic relations order. Because the individual's ex-wife received a larger portion of the individual's savings account than she was entitled to, the amount he had to pay his ex-wife from his retirement account was reduced. The individual has not suffered any damage and payment of money damages to him would result in double recovery.
Court: USDC Central District of California, Judge: Snyder, Filed On: June 5, 2023, Case #: 2:22cv8926, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Gee finds in favor of the jewelry company for its claim alleging that it loaned the businessman $1 million to buy a large quality of "Air Queen" face masks from Sysco, and he did not repay it within 48 hours. The businessman asserts that the owner of the jewelry company must comply with oral promises to "get the masks sold" under their original settlement agreement, but their amended agreement precludes any oral promises, so the businessman cannot assert that the owner fraudulently induced him to sign the amended agreement.
Court: USDC Central District of California, Judge: Gee, Filed On: June 5, 2023, Case #: 2:22cv4494, NOS: Other Contract - Contract, Categories: Fraud, Settlements, Contract
J. Wright denies an employee's motion for the preliminary approval of class action and PAGA settlement in an employment dispute. The employee and employer reached a settlement, however "the parties’ treatment of the class claims throughout this matter has been questionable, including at the settlement stage." The employee requested that the court dismiss class claims, which it did. Then the employee sought to reassert class allegations solely for the purpose of settlement, but the parties have not addressed why they are settling class claims where no class allegations are at issue and the employer has not shown why it would agree to the reinstatement of class claims. "These contradictory actions by the parties are indicative of collusion."
Court: USDC Central District of California, Judge: Wright, Filed On: June 1, 2023, Case #: 2:19cv5050, NOS: Employment - Civil Rights, Categories: Employment, Class Action
J. Scarsi finds in favor of the nonprofit public benefit corporation for its contract counterclaim alleging that the business owners did not keep thousands of its patients’ private medical records confidential in 2012, and alleging that in 2021 the business owners registered a website with “access to thousands of current and past Kaiser Permanente members and patients” that displayed the nonprofit public benefit corporation’s marks. The nonprofit corporation is entitled to damages because the business owners refused to delete at least one patient's data despite their request to do so, and the nonprofit corporation’s efforts to complete this request cost several thousand dollars.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 31, 2023, Case #: 5:22cv278, NOS: Trademark - Property Rights, Categories: Trademark, Damages, Contract
J. Marshall finds in favor of the driver on her claims that the California Highway Patrol improperly impounded her vehicle for 30 days. Ninth Circuit precedent holds that the government’s community-caretaking justification for impounding a vehicle does not apply once a licensed driver is available to take possession of the car. In this case, the individual went to the CHP office with a licensed driver, but the CHP did not release the vehicle. The individual is granted summary judgment on her Fourth Amendment and due process claims.
Court: USDC Central District of California, Judge: Marshall, Filed On: May 31, 2023, Case #: 2:20cv2779, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Vehicle, Due Process
J. Scarsi finds in favor of the Secretary of the U.S. Department of Transportation Pete Buttigieg for the Marine veteran’s retaliation claim, which alleges that the manager of the Santa Ana Systems Support Center terminated his probationary period because she allegedly did not understand that the veteran had to fly business class for a work trip because of an unforeseen complication. Buttigieg and the manager provide multiple pieces of evidence that the termination was justified because the veteran violated FAA rules and regulations multiple times, including returning from training in Oklahoma City via business class instead of economy class, not being forthcoming with the manager during the subsequent meeting, and performing unauthorized maintenance on the Santa Ana and Fullerton RTDS and the Fullerton airport Voice Recorder System.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 26, 2023, Case #: 8:19cv875, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Government, Employment Retaliation
J. Walter grants Raising Cane’s motion to compel arbitration of the employees’ class action claims that the restaurant company did not pay their full wages, did not compensate their meal breaks and rest periods, and did not reimburse their necessary business expenses. The employees had access to the arbitration agreement that contains a class action waiver, and Raising Cane’s did not waive its right to arbitration when it waited until mediation completed to compel arbitration.
Court: USDC Central District of California, Judge: Walter, Filed On: May 26, 2023, Case #: 2:22cv8296, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Class Action
J. Wright grants in part six individuals' renewed motion for class certification regarding challenges to the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services' handling and processing of Special Immigrant Juvenile petitions. The numerosity, commonality, typicality and adequacy requirements are satisfied, therefore the class is certifiable for the tolling provisions claim. However, with respect to the missed deadline claim, the commonality requirement is not satisfied
Court: USDC Central District of California, Judge: Wright, Filed On: May 25, 2023, Case #: 2:22cv1510, NOS: Other Statutory Actions - Other Suits, Categories: Immigration, Class Action
J. Wright grants the city's motion for summary judgment regarding an individual's allegations of unlawful seizure, unlawful arrest, false arrest and intentional infliction of emotional distress following her arrest in a case of mistaken identity. The individual was released after it became clear that she was not the subject of the warrant. "The arresting officers here were not unreasonable in believing that Farber was the true warrant subject at the time of the arrest." The individual's "uncorroborated protests of innocence and misidentification, in the face of all other information confirming her as the Warrant’s subject, did not trigger a duty to investigate further."
Court: USDC Central District of California, Judge: Wright, Filed On: May 24, 2023, Case #: 2:22cv1173, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Scarsi denies an insurance company's motion to dismiss for lack of jurisdiction an insured's breach of contract and fraud claims after her monthly premiums for her mortgage disability policy increased. The insured alleges that by paying the improperly increased premiums, she paid her policy in full by 2018. The insurer informed the insured that it had cancelled her policy retroactively as of 2011. The parties are completely diverse, the insurer has not established that the jurisdictional threshold has been satisfied and have not shown that the amount in controversy likely exceeds $75,000.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 24, 2023, Case #: 2:23cv1413, NOS: Insurance - Contract, Categories: Fraud, Insurance, Contract
J. Wu strikes the printing services company’s untimely reasonable royalty theory and belated disclosures related to its lawsuit, as it sought a declaration that the printing services company and the inventor did not infringe on a patent entitled “Metal Child Resistant Container.” The printing services company raised the issue of non-infringement, but it did not cite any specific documents it produced that were relevant to non-infringing alternatives.
Court: USDC Central District of California, Judge: Wu, Filed On: May 23, 2023, Case #: 2:20cv6177, NOS: Patent - Property Rights, Categories: Evidence, Patent, Discovery
J. Frimpong grants a TV ad efficacy measurement company's motion to dismiss a television advertising data company's trade secrets claims. The advertising data company alleges that an employee of the TV ad efficacy company downloaded ads and data in violation of their agreement, and then launched a competitive product. However, the company has not shown that the employee, or any employee, using her credentials to access the database qualifies as circumvention under the anticircumvention provision of the Digital Millennium Copyright Act.
Court: USDC Central District of California, Judge: Frimpong, Filed On: May 22, 2023, Case #: 2:21cv6815, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets
J. Carney finds in favor of the U.S. Department of Veteran Affair for the former blind rehabilitation specialist’s claim that she was fired from her probationary position at the Tibor Rubin VA Medical Center’s Blind Rehabilitation Center because she is a brown-skinned Hispanic who raised concerns about disparate workplace treatment, patient wait times and faulty equipment. The former employee does not show that the “legitimate, nondiscriminatory, nonretaliatory” reasons for her termination were pretextual, because they were based on her poor work performance and disrespectful conduct.
Court: USDC Central District of California, Judge: Carney, Filed On: May 22, 2023, Case #: 8:21cv1283, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Pregerson denies in part Southwest Airlines' motion for summary judgment regarding a Black passenger's claim of racial discrimination. The passenger alleges that two employees pointed at her and laughed at her, that a flight attendant smelled the beverage she brought on board the plane but did not smell the beverages that non-Black passengers brought on board, and that she was told to cover up her outfit, which a flight attendant found to be revealing, and which she did cover with a borrowed t-shirt before being removed from the plane. Video evidence "does not unequivocally support Southwest’s entire characterization of the events at issue." Whether the passenger's "interactions with Southwest employees might reflect harassment or otherwise wrongful conduct are also questions for a jury to decide." The passenger's intentional infliction of emotional distress claim continues.
Court: USDC Central District of California, Judge: Pregerson, Filed On: May 19, 2023, Case #: 2:21cv451, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights