290 results for 'court:"USDC Southern District of California"'.
J. Ohta grants final approval to a $1.8 million settlement in a class action alleging that consumers purchased Apple App Store and iTunes gift cards that were fraudulently drained of value by unknown third-parties and were denied a refund or replacement gift card. An objector challenges the release of non-party retailers who sole Apple gift cards subject to fraudulent redemption as overly broad, but the release of non-party retailers is common practice in cases such as this and the "restrictive nature of the class limits released claims only to those who purchased gift cards subject to pre-activation attempts."
Court: USDC Southern District of California, Judge: Ohta, Filed On: March 19, 2024, Case #: 3:20cv1629, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Class Action
J. Battaglia rules that a class of consumers may pursue California Invasion of Privacy Act and California Computer Data Access and Fraud Act violations against Kohl's alleging that its website chat feature may be facilitating eavesdropping. The consumers sufficiently allege that the website chat feature operates through a third-party's servers, allowing real-time interception of chats between website users and Kohl's customer service representatives. The consumers also sufficiently allege that there is a market for website users' data from which Kohl's and the third party profit.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:23cv1988, NOS: Other Civil Rights - Civil Rights, Categories: Privacy, Class Action, Technology
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J. Battaglia rules a property association may pursue contract claims against State Farm Insurance. The property association sufficiently alleges that its claim loss falls within the parties' endorsement in a residential community association policy after it was swindled by a third party with a fake email account who convinced the association's treasurer to wire it money. The treasurer's error counts as a "wrongful act," which is covered by the policy's endorsement.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:23cv195, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Battaglia grants a class of homeless residents' motion for preliminary approval of a settlement that will bring an end to their claims alleging that the City of San Diego breached their due process rights by forbidding "vehicle human habitation." Under the agreement, the city will forgive all outstanding tickets incurred by class members for parking oversized vehicles between 2 a.m. and 6 a.m., and tickets for "violation of signs" prohibition vehicle habitation. The city also agrees to expand and improve its designated parking program.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:17cv2324, NOS: Other Civil Rights - Civil Rights, Categories: Municipal Law, Settlements, Class Action
J. Schopler dismisses a group of community college employees' claims that the college's now-repealed Covid-19 vaccine mandates violated their civil rights. The college's vaccine requirement was rescinded due to the pandemic's changing landscape, not due to litigation, so the employees' claims for declaratory and injunctive relief are dismissed. Also, most of the employees did not receive a "right to sue letter" for their Title VII claims and the employee who did receive such a letter failed to state what religious beliefs he held that were violated by the vaccine mandate.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 15, 2024, Case #: 3:23cv1220, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Covid-19
J. Anello declines to grant preliminary approval of a $350,000 settlement in a class action alleging that the healthcare company failed to take the necessary precautions to prevent a cyberattack and thereby protect the patients' personal health information. The amount in controversy does not exceed the $5 million threshold for federal jurisdiction under the Class Action Fairness Act and the parties fail to show that minimal diversity exists. Additionally, here is no federal question at issue in this case, so the court lacks jurisdiction.
Court: USDC Southern District of California, Judge: Anello, Filed On: March 14, 2024, Case #: 3:23cv570, NOS: Other Contract - Contract, Categories: Privacy, Jurisdiction, Class Action
J. Garland declines to exclude certain expert testimony in the corrections officer's complaint alleging that he became ill as a result of mold exposure in the basement of the corrections center. The government's expert has a doctorate degree and more than 20 years of experience conducting scientific research and leading teams in various fields, including public health and mold remediation, so he is qualified to testify at trial about the mold levels at the center.
Court: USDC Southern District of California, Judge: Houston, Filed On: March 13, 2024, Case #: 3:19cv2138, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Experts
J. Burns grants a corrections management service's motion to dismiss an asylum seeker's state law negligence claims alleging that the United States caused her to suffer a miscarriage. An expert opined based on prior ultrasounds and doctor's visits that the asylum seeker's pregnancy failed prior to being apprehended by U.S. Border Patrol agents and that nothing could have been done to prevent the loss. Furthermore, the asylum seeker was given a bottom bunk, extra food and medical care, and fails to show that she wasn't provided proper care during her detention.
Court: USDC Southern District of California, Judge: Burns, Filed On: March 12, 2024, Case #: 3:20cv82, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immigration, Negligence
J. Schopler dismisses a corporate fraud complaint brought by two business owners who say that the subsidiary with which they contracted has failed to pay them money owed and has participated in a scheme with its parent company to hide the money necessary to pay them. The two business owners fail to plead each defendant's role in the alleged fraudulent scheme, the assets that were transferred between subsidiary and the parent company, and the timing of these alleged fraudulent activities.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 8, 2024, Case #: 3:23cv158, NOS: Other Fraud - Torts - Personal Property, Categories: Corporations, Fraud, Jurisdiction
J. Sammartino denies the employee's motion to remand a wage-and-hour class action against American Airlines to state court. American Airlines' 10% violation rate to determine the amount of damages is reasonable based on the complaint's "from time to time" and "policy and practice" allegations. Using this violation rate, the amount in controversy comes out to roughly $16 million, which easily clears the $5 million federal jurisdiction hurdle set by the Class Action Fairness Act.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: March 7, 2024, Case #: 3:23cv1779, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, Class Action, Labor
J. Bashant declines to dismiss claims brought by the Federal Trade Commission accusing the lead generation company of using a ringless voicemail service to pitch debt relief services to consumers in violation of the Telemarketing Sales Rule (TSR) and the Telemarketing and Consumer Fraud and Abuse Prevention Act. The TSR and Telemarketing Act "contemplated ringless voicemail in their definition of a 'telephone call'" and "the regulatory history of the TSR shows ringless voicemail was included in its scope," so the FTC "is not finding 'new-found powers in old statutes.'"
Court: USDC Southern District of California, Judge: Bashant, Filed On: March 6, 2024, Case #: 3:23cv313, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Fraud
J. Burns denies a county's motion to bifurcate the family's Monell claims in a civil rights case over the death of an inmate. There is an overlap between the family's claims against the individual defendants for failure to train and the Monell claims against the county and the correctional group. The county has failed to show that having two separate trials would be more convenient, especially given the fact that the family would necessarily introduce the same evidence of past failures to train or supervise at both trials.
Court: USDC Southern District of California, Judge: Burns, Filed On: March 5, 2024, Case #: 3:20cv2096, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Lopez denies an energy company's motion to compel arbitration concerning sexual assault claims brought by a laborer against a superintendent, which allegedly resulted in her termination after she filed a complaint. Although the employee does not dispute the existence of a signed arbitration agreement, she sufficiently argues that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act bars arbitration of her dispute.
Court: USDC Southern District of California, Judge: Lopez, Filed On: March 1, 2024, Case #: 3:23cv653, NOS: Employment - Civil Rights, Categories: Arbitration, Employment
J. Ohta grants the parents' motion for partial summary judgment concerning claims that the county violated their parental rights by forcing their children to undergo "invasive examinations" while in protective custody. The parents had a constitutional right to participate in their children's medical treatment while they were in the county's custody and did not consent to their children being vaccinated and subjected to forensic medical examinations.
Court: USDC Southern District of California, Judge: Ohta, Filed On: March 1, 2024, Case #: 3:21cv1102, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Family Law
J. Major partly grants a fitness company's motion to compel a treadmill manufacturer to produce license agreements in this patent dispute. Because there is a question regarding the validity and applicability of a licensing and royalty agreement, the patents related to non-curved treadmills and their components are relevant and discoverable. However, the manufacturer is not entitled to the fitness company's profit and loss statements, as this is significant and sensitive financial information from a direct competitor.
Court: USDC Southern District of California, Judge: Major, Filed On: February 29, 2024, Case #: 3:22cv492, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Houston grants San Diego State University's anti-SLAPP motion to strike the student's state claims over disciplinary measures that were taken against him alleging that he participated in fraternity hazing. The negligence claims fail because the disciplinary charges were dropped with no negative remarks on his transcript and the student was able to graduate, so he did not suffer damages. His emotional distress claim fails because he provides only conclusory statements to support his allegations.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 28, 2024, Case #: 3:21cv2131, NOS: Education - Civil Rights, Categories: Anti-slapp, Negligence, Emotional Distress
J. Major grants the children's motion for limited discovery concerning claims that San Diego County violated their father's civil rights by failing to prevent him from dying from pneumonia, malnutrition and dehydration while incarcerated. The county must produce surveillance video of decedent in the 72 hours leading up to his death. The children already have the names of the officers in the video, so protecting their identity is not an issue. The county has failed to explain why a protective order regarding the video would be insufficient to protect any contemplated harm.
Court: USDC Southern District of California, Judge: Major, Filed On: February 26, 2024, Case #: 3:23cv1357, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Discovery