46 results for 'judge:"Calabretta"'.
J. Calabretta denies, in part, an insurer’s motion to dismiss a business’s claims related to the insurer’s failure to refund or reassess rates during the Covid-19 pandemic. The business has sufficiently pleaded the insurer's failure to adjust the rate or allow it a chance to request an adjustment was an unfair business practice, and has adequately pleaded a claim for restitution.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: October 18, 2023, Case #: 2:23cv197 , NOS: Insurance - Contract, Categories: Insurance, Covid-19
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J. Calabretta allows to proceed certain civil rights claims filed by the estate of defense attorney Frank Carson, who were arrested on murder-for-hire charges and held for 17 months, but was later acquitted. The estate has sufficiently pleaded a claim for retaliatory prosecution under the First Amendment and emotional distress, along with certain malicious prosecution claims.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: September 11, 2023, Case #: 1:20cv747, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress, First Amendment
J. Calabretta allows to proceed certain civil rights claims filed by the wife and daughter of defense attorney Frank Carson, who were arrested on murder-for-hire charges, but whose charges were later dismissed. They have sufficiently pleaded claims under the Bane Act, and for intentional infliction of emotional distress and Fourteenth Amendment violations.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: September 11, 2023, Case #: 1:18cv496, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress
J. Calabretta approves a $400,000 settlement annuity following an agreement between a county and a mother whose child was taken from her based on allegedly false abuse allegations. The $48,000 the child is to receive is fair and reasonable, while consideration cannot be given to the $192,000 granted to the mother, nor the $160,000 to her counsel.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: September 6, 2023, Case #: 2:22cv369, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Settlements, Damages
J. Calabretta orders members of the California Air Resources Board and others to develop and adopt measures to reduce air pollution in the San Joaquin Valley to levels required under the Clean Air Act. The state and Air Resources Board members do not contest the issues raised, and it is reasonable to require them to submit to the EPA proposed contingency measures within six months, along with their interim status reports.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: July 24, 2023, Case #: 2:22cv1714, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Calabretta denies, in part, a company’s motion for summary judgment on a homeowner’s wrongful foreclosure and emotional distress claims. There are questions of fact regarding one of the homeowner's claims under the California Homeowner Bill of Rights, along with his wrongful foreclosure and emotional distress claims.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: June 20, 2023, Case #: 2:15cv2204, NOS: Foreclosure - Real Property, Categories: Property, Emotional Distress, Banking / Lending