295 results for 'court:"USDC Central District of California"'.
J. Blumenfeld Jr. grants Sunkist Growers' motion for summary judgment on its claim that the insurance company wrongfully denied Sunkist's claim for $3.2 million worth of damaged oranges. The chilling during transport damaged the oranges, which is a plainly covered event, and the insurance company does not show how Sunkist's failure to stop the chilling effects before the shipment takes the loss outside the scope of the marine cargo insurance policy.
Court: USDC Central District of California, Judge: Blumenfeld Jr., Filed On: January 19, 2024, Case #: 2:23cv1643, NOS: Insurance - Contract, Categories: Insurance
J. Vera finds in favor of the children protective services (CPS) against the Native American tribe's complaint that CPS violated the Indian Child Welfare Act (ICWA) by not fully investigating the two children's Native American ancestry and not giving the tribe proper notice. The tribe and the biological parents do not provide facts showing that the biological parents or the children were either members of or eligible for membership of any tribe during the adoption proceedings.
Court: USDC Central District of California, Judge: Vera, Filed On: January 17, 2024, Case #: 2:22cv1586, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Native Americans
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J. Wright grants a medical professional apparel company's motion to dismiss stockholders' consolidated class action complaint alleging securities fraud. The stockholders allege that the company schemed to artificially increase securities prices "for the purpose of selling stocks quickly to gain windfall profits" and that the company misled investors with false statements and omissions. The stockholders do not sufficiently allege scienter, do not sufficiently support claims of insider trading, do not clearly allege that the company's statements were misleading or that the company did not sufficiently discuss risk factors. The class is granted leave to amend.
Court: USDC Central District of California, Judge: Wright, Filed On: January 17, 2024, Case #: 2:22cv7939, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Carter dismisses the consumer's class action accusing CVS Pharmacy of misleading consumers by claiming that its Advanced Formula Hand Sanitizer kills 99.99% of germs commonly found on human hands, even though common germs such as Norovirus, Cryptosporidium and others are not effectively killed by alcohol-based hand sanitizers. Although the front label of the product is ambiguous, a reasonable consumer would be expected to look at the back label to get more information. Because the back label explains the germs to which the 99.99% claim applies, the consumer has failed to state a claim that the label is false or misleading to a reasonable consumer.
Court: USDC Central District of California, Judge: Carter, Filed On: January 10, 2024, Case #: 8:20cv1979, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Holcomb finds in favor of Mercedes-Benz USA against the customer’s complaint accusing the company of refusing to repair or replace a defective 2021 Mercedes-Benz GLA250W. The customer leased the defective vehicle from Mercedes-Benz of Ontario, an MBUSA-affiliated dealership, but MBUSA was not implicated in the customer’s lease and it did not provide a new warranty for the vehicle, meaning it is not liable for any defects.
Court: USDC Central District of California, Judge: Holcomb, Filed On: January 8, 2024, Case #: 5:21cv1914, NOS: Other Contract - Contract, Categories: Vehicle, Warranty, Contract
J. Scarsi grants summary judgment to the county against the arrestee’s complaint accusing the county and its social workers of detaining her without reasonable cause. The arrestee’s false arrest and imprisonment claims fail because she displayed clear signs of mental illness and a present danger to others, with one example being that the arrestee threw cheese at one of the social workers during a visit and expressed her desire to hurt that social worker.
Court: USDC Central District of California, Judge: Scarsi, Filed On: January 8, 2024, Case #: 2:22cv6342, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Holcomb grants an employee's motion for attorney fees and costs and grants final approval of the class action settlement agreement in a wage and hour suit. The settlement is adequate, fair and reasonable. An attorney fee of 30% of the settlement award is granted, as well as $45,315 in litigation costs and $52,575 in administration costs.
Court: USDC Central District of California, Judge: Holcomb, Filed On: January 8, 2024, Case #: 8:20cv1075, NOS: Employment - Civil Rights, Categories: Employment, Class Action
J. Wright denies in part an employer's motion to dismiss an employee's allegations of quid pro quo harassment, hostile environment harassment and wrongful termination. The employee alleges that as CEO, she "was subjected to verbally abusive and denigrating behavior" and was fired before her equity could vest. Venue is proper, as the employee was residing in California during the alleged harassment, retaliation and wrongful termination. The employee's claims for quid pro quo harassment and hostile environment harassment continue.
Court: USDC Central District of California, Judge: Wright, Filed On: January 3, 2024, Case #: 2:23cv4320, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Retaliation
J. Garnett grants final approval of a $750,000 settlement that will end a class action accusing 99 Cents Only Stores and its retirement plan of exhibiting “lack of skill, flawed processes and imprudent decisions" that reduced the account balances and diminished the returns on the employee participants' 401(k) investments. Although the settlement only represents 25% of the total potential damages to be sought at trial, the participants estimated only a 50% chance of success as to their claims, so the settlement amount is reasonable.
Court: USDC Central District of California, Judge: Garnett, Filed On: January 2, 2024, Case #: 2:22cv1966, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Settlements, Class Action
J. Snyder grants the US Postal Service's motion for summary judgment regarding an employee's allegations of disability and age discrimination and retaliation. The employee alleges that she was unfairly issued a "letter of warning" claiming that her walking pace had slowed. The letter of warning was expunged from her record after she protested it due to work-related injuries she was experiencing at the time and she testified that the expunged letter of warning had no effect on her employment. She also alleges that she was forced to leave work early multiple times because there was no work available within her work restrictions. The employee "has offered inconsistent assertions regarding certain of the key events on which her claims are based."
Court: USDC Central District of California, Judge: Snyder, Filed On: January 2, 2024, Case #: 2:20cv11398, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Frimpong grants in part a school district's motion for summary judgment regarding allegations that the previous property owners use of the property as a burn dump, golf course and manufactured gas plant caused contamination of toxic substances that the school district continues to manage. There is a material dispute as to whether the previous owners acted or failed to act and as to whether there is a continuing nuisance. Summary judgment is granted as to the school district's permanent nuisance, unavoidable circumstance and indemnification and contribution defense.
Court: USDC Central District of California, Judge: Frimpong, Filed On: December 27, 2023, Case #: 2:19cv1139, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Slaughter finds in favor of the insurance company for its complaint asserting that it has no duty to defend or indemnify the insured in an underlying lawsuit accusing him of sexually molesting his housekeeper while under the influence of drugs. The insured's alleged conduct is not covered by the insurance policy because California courts uniformly hold that sexual molestation is not "accidental" and thus is not coverable conduct. Even without that, the insured would not be covered because the insurance policy does not cover foreseeable harm, such as personal injury arising from a sexual assault, or actions committed under the use of drugs.
Court: USDC Central District of California, Judge: Slaughter, Filed On: December 20, 2023, Case #: 8:23cv301, NOS: Insurance - Contract, Categories: Insurance, Assault, Contract
J. Blumenfeld grants a shipping company's motion to compel arbitration regarding a wood chip exporter's allegations of violations of California’s Business and Professions Code, fraud, misrepresentation, negligence and unjust enrichment after the Covid-19 pandemic shut down the port in China where the wood chips were to be sent. The exporter sought to cancel the charters, but under the charter agreement terms, it was still obligated to pay the shipping company, who it claims exploited the pandemic crisis by charging excessive rates. The court has jurisdiction, and a valid arbitration agreement exists between the parties under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Court: USDC Central District of California, Judge: Blumenfeld, Filed On: December 19, 2023, Case #: 2:23cv7676, NOS: Arbitration - Other Suits, Categories: Arbitration, Fraud, Negligence
J. Fitzgerald denies in part Porsche's motion to dismiss a consumer's Song-Beverly Consumer Warranty Act claims. The consumer alleges that in the 2021 Taycan he leased, Apple CarPlay does not work consistently, the heat does not work, and the SmartLift system does not consistently work, resulting in the car scraping the ground. The consumer sufficiently pleaded that the car has a defect, that he repeatedly sought repairs and that he has statutory standing to bring his claims.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: December 19, 2023, Case #: 2:23cv6465, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Vehicle, Warranty
J. Sykes grants the customer's motion to exclude Costco's expert witness from testifying in her personal injury and premises liability lawsuit due to the expert's late disclosure report and the late date of his deposition. A decision "by counsel to schedule and take a vacation just three days before trial, when said counsel knew a deposition and an expert report remained outstanding, cannot be substantial justification for a late disclosure." The customer's counsel did not receive the report until the last day before trial in this matter began.
Court: USDC Central District of California, Judge: Sykes, Filed On: December 16, 2023, Case #: 2:21cv4470, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Experts, Discovery, Premises Liability
J. Bernal denies Monster Energy's motion for sanctions in its lawsuit accusing the pharmaceutical company's products of infringing on Monster's trademarks. Monster Energy does not prove that the pharmaceutical company acted in bad faith as the deposition of the latter's former sales executive often explicitly corroborates the statements that Monster contends are false. The record shows that the executive participated in the pharmaceutical company's preparation and ratified its content during the injunction proceedings, and other witness testimony supports the disputed contents of the executive's declaration.
Court: USDC Central District of California, Judge: Bernal, Filed On: December 14, 2023, Case #: 5:18cv1882, NOS: Other Statutory Actions - Other Suits, Categories: Sanctions, Trademark, Discovery
J. Blumenfeld Jr. grants the insured $312,300 in attorney fees and $3,800 in costs for her complaint that the insurance company made an error in overpaying her $56,400 in long-term disability benefits over nine years and then demanded she pay the company back when it discovered the mistake. The insured seeks $571,100 in attorney fees for nearly 850 time entries for four years of work, but that amount is reduced because a number of items are excessive, redundant and unnecessarily billed, and there is sometimes "a mismatch between counsel’s experience offered to justify high hourly rates and the amount."
Court: USDC Central District of California, Judge: Blumenfeld Jr., Filed On: December 13, 2023, Case #: 8:20cv821, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
J. Gutierrez finds in favor of the city against the former fire chief's complaint that the city violated his First Amendment rights by firing him for statements he made on a podcast about civil unrest, which coincided with a time of public outcry against the police following George Floyd's death three weeks prior. The former fire chief's statements reflected on the city and the fire department because he never indicated during the podcast or afterward that he spoke in his individual capacity, as he represented himself as "Fire Chief Daryn Drum."
Court: USDC Central District of California, Judge: Gutierrez, Filed On: December 12, 2023, Case #: 2:21cv8492, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, First Amendment