290 results for 'court:"USDC Southern District of California"'.
J. Burkhardt partly grants an insured's request for production of documents concerning a dispute with an insurer over several disability income insurance policies. The insured sufficiently shows that the insurer is obligated to produce information regarding the amount it paid to an independent medical examinations company, which may have conducted a biased probe into his insurance claims for injuries he suffered from accidents beginning in 1982.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: June 15, 2023, Case #: 3:22cv767, NOS: Insurance - Contract, Categories: Insurance, Discovery
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Huff grants Jet Blue's motion to dismiss California Invasion of Privacy Act claims brought by a consumer who says that the airline procures and embeds session reply codes on its website to track and analyze website user interactions. Because the consumer does not allege that she disclosed any personal information to JetBlue and only visited the website to get information on flight pricing, she cannot show that she "suffered any concrete harm that bears a close relationship to the right to control personal information." She, therefore, has not established an injury in fact.
Court: USDC Southern District of California, Judge: Huff, Filed On: June 12, 2023, Case #: 3:23cv361, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy
J. Curiel grants an insurance company's motion for summary judgment on its claims that a policy issued to a payroll company does not cover costs of a lawsuit for assault and battery brought by a former employee. The insurance company sufficiently shows that the payroll company requested via email to cut out a significant amount of coverage.
Court: USDC Southern District of California, Judge: Curiel, Filed On: June 12, 2023, Case #: 3:22cv1322, NOS: Insurance - Contract, Categories: Insurance
J. Lorenz dismisses claims brought by a short-term rental alliance group seeking to enjoin the City of San Diego from enforcing ordinances that regulate short-term residential rentals not occupied by the host. The ordinance does not target property owners, whether they occupy the rental property or not, but rather distinguishes between short-term rentals based on whether they are occupied by a host. The ordinance does not require that the property owner act as the host. The city has legitimate reasons for the ordinance, including preserving the available housing inventory and preserving the neighborhood character.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: June 12, 2023, Case #: 3:22cv1831, NOS: Housing/Accommodations - Civil Rights, Categories: Constitution, Municipal Law, Housing
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
J. Bashant grants a former employee's motion for temporary restraining order concerning a former employer's refusal to release her from employment restrictions. It is likely that California law applies to the restrictive covenant agreements, and "the non-compete, non-solicitation, non-recruitment, non-hire, and confidentiality restrictions are likely void under California law."
Court: USDC Southern District of California, Judge: Bashant, Filed On: June 5, 2023, Case #: 3:23cv943, NOS: Other Contract - Contract, Categories: Employment, Choice Of Law, Contract
J. Montenegro grants a San Diego County Board of Supervisors' motion to dismiss a registered voter's lawsuit seeking to decertify the November 2020 elections results and to require California to stop using any electronic election machines. The voter lacks standing as she has not shown that she has suffered a concrete injury. She does not specifically allege that she voted in any of the three elections challenged in the complaint and only alleges a general grievance about the voting system, which is insufficient to establish standing under Article III.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: May 24, 2023, Case #: 3:22cv1651, NOS: Voting - Civil Rights, Categories: Elections