290 results for 'court:"USDC Southern District of California"'.
J. Huie grants the shareholder $520,000 in attorney fees after a jury found in its favor in a lawsuit seeking to recover short-swing profits that the President and CEO of Franklin Wireless Corp. realized in two securities transactions. The shareholder requested $700,000 in fees, equating to 35% of the jury's $2 million award, but the amount is reduced to 26% of the recovery due to the short duration of the trial and the relatively simple issues in this case.
Court: USDC Southern District of California, Judge: Huie, Filed On: February 16, 2024, Case #: 3:21cv1316, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Attorney Fees
J. Huff grants final approval to a $1.62 million settlement that will end class action claims accusing Verizon of failing to properly compensate its employees for overtime. The average recovery for each class member will be $1,714, with the highest payout being $4,481. The settlement agreement also provides for $25,000 in civil PAGA penalties. Class counsel is granted $541,000 in fees.
Court: USDC Southern District of California, Judge: Huff, Filed On: February 13, 2024, Case #: 3:21cv1257, NOS: Other Labor Litigation - Labor, Categories: Employment, Settlements, Class Action
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. Lorenz grants JP Boden Services' motion to dismiss the consumer's Video Privacy Protection Act claims alleging that the company captures visitors' personal identifiable information while they view videos on its website. The consumer fails to plausibly allege that she "acted as a 'purchaser' or 'subscriber' sufficient to constitute a 'consumer' under the VPPA upon viewing a six-second video snippet when she landed on the Boden retail website." Therefore, the protections of the VPPA do not extend to her.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: February 12, 2024, Case #: 3:23cv534, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action, Technology
J. Sammartino dismisses intentional misrepresentation claims accusing the American Association of Blood Banks, which develops and enforces standards for DNA paternity testing, of permitting "lookalike" tests that allow laboratories to issue false DNA results. The man claims that one such test falsely indicated that he is the father of a third-party's child, but he fails to show a risk of future harm because he has not alleged that he will purchase or might submit to another test stamped by the organization.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: February 9, 2024, Case #: 3:23cv1160, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Unfair Competition, False Advertising
J. Houston partly grants the limited partner's motion for partial summary judgment concerning the sale of real estate assets. Although the co-general partner has an unambiguous right under the language of the Limited Partnership Agreement to sell the entirety of the real estate asset or to purchase the limited partnership's interest itself after the limited partner requests a sale, the limited partner still has the right to consent or decline a sale.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 9, 2024, Case #: 3:19cv2075, NOS: Other Contract - Contract, Categories: Real Estate, Partnerships
J. Sabraw dismisses the consumer's class action alleging that the company's Kombucha beverages have misleading labels that give consumers the false impression that the products contain real fruit juice. The front label of the product, which lists the names of fruits, is ambiguous, so the back label must also be considered. Because the back label states "0% JUICE" in a larger size and different colored font above the beverage's nutrition facts, a reasonable consumer would not assume the product contains real fruit juice.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: February 9, 2024, Case #: 3:23cv1091, NOS: Other Contract - Contract, Categories: Consumer Law, False Advertising
J. Montenegro grants the students' motion to overturn a magistrate judge’s discovery order in their case seeking a partial refund of tuition for the 2020-2021 academic year when the university switched to remote learning due to the Covid-19 pandemic. The magistrate judge erred in striking a supplemental expert report that was deemed untimely. The practical effect of striking the expert's damages calculation amounts to the dismissal of the students' contract and unjust enrichment claims, which is too severe a sanction.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: February 7, 2024, Case #: 3:20cv1946, NOS: Other Contract - Contract, Categories: Education, Experts, Discovery
J. Lopez grants a credit union's motion to compel arbitration concerning a customer's claims that it failed to provide disclosures of credit transactions. The customer has not provided any evidence to show that his physical signature on the arbitration agreement is inauthentic or forged. Furthermore, the credit union provided evidence that included a scanned image of the customer's driver's license showing the customer's handwritten signature from the day he opened an account with the union.
Court: USDC Southern District of California, Judge: Lopez, Filed On: February 6, 2024, Case #: 3:23cv533, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Banking / Lending
J. Burkhardt denies the government's motion to compel the patient, who claims that the Department of Veterans Affairs' failure to diagnose and treat a retinal tear in his left eye left him with permanent injuries, to undergo a mental health exam. The government has failed to meet its burden to show that the patient placed his mental condition in controversy. The amount of emotional distress damages the patient seeks does not, by itself, justify a court-ordered mental health examination.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: February 2, 2024, Case #: 3:23cv1026, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Emotional Distress, Discovery, Medical Malpractice
J. Anello partly grants Circle K Store's motion for attorney fees after prevailing on contract claims brought by a fuel supplier. Circle K requests more than $1.1 million in fees, but this amount is reduced to $806,000 because Circle K submitted billing entries containing redactions that are "insufficient to support the request to be compensated for those hours." Circle K fails to provide a sufficient explanation as to why the sealed versions of the records must contain redactions and why the court cannot view the redactions.
Court: USDC Southern District of California, Judge: Anello, Filed On: February 1, 2024, Case #: 3:21cv1416, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Huff grants weight loss platform Noom's motion to dismiss a user's invasion of privacy class action for Noom's alleged use of "Session Replay Code," which enables website operators to record and replay visitors' interactions with the website. The user lacks Article III standing because she has not alleged that Noom has tracked or disclosed any individually identifiable data or that it has anything to connect the information the user allegedly disclosed via a Noom survey to her.
Court: USDC Southern District of California, Judge: Huff, Filed On: January 22, 2024, Case #: 3:23cv285, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. Burkhardt grants the government's motion to compel the release of a civilian's medical records in relation to claims that the Department of Veterans Affairs personnel failed to diagnose a retinal tear in his left eye. The civilian's medical and mental health records are relevant to determining whether he suffered from pre-existing injuries. However, the government is only entitled to records beginning five years prior to the incident at issue, rather than its request for records dating back 13 years.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: January 22, 2024, Case #: 3:23cv1026, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Discovery, Medical Malpractice
J. Schopler finds in partial favor of a billing service concerning contract claims brought by a medevac provider that says it is owed $1.7 million for unpaid medical-evacuation flights. The parties agree that the medevac provider was not entitled to any payment for a medevac flight until the billing service collected some revenue for it. Because there is no evidence of collected payments for 98 of the 174 flights at issue, the service is entitled to summary judgment as to these flights.
Court: USDC Southern District of California, Judge: Schopler, Filed On: January 22, 2024, Case #: 3:20cv2044, NOS: Other Contract - Contract, Categories: Contract
J. Curiel rules that a class of consumers may pursue invasion of privacy claims against Carnival for allegedly using embedded recording technology on its travel website without disclosure. Although a cookie policy banner is visible to a user without scrolling, it is smaller than the rest of the typeface found on Carnival's homepage and is placed far below the relevant buttons a user can click. Carnival has not shown that the banner appears immediately or persists for the entirety of a user's visit, so the consumers have sufficiently alleged that they did not consent to the interception of their communications.
Court: USDC Southern District of California, Judge: Curiel, Filed On: January 19, 2024, Case #: 3:23cv236, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Privacy
J. Sammartino denies a solar company's motion for terminating sanctions concerning a consumer's Telephone Consumer Protection Act claims. Although the consumer has sent emails to the company's counsel that are "unnecessarily combative and unprofessional," these emails have not disrupted a deposition, interfered with a hearing, or prejudiced the company's case.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: January 19, 2024, Case #: 3:23cv1240, NOS: Other Statutory Actions - Other Suits, Categories: Sanctions, Consumer Law
J. Bencivengo allows the widow to pursue a deprivation of civil rights claim against certain individuals in her complaint alleging that the San Diego Sheriff's Department fabricated and mishandled evidence to advance their theory that she was responsible for her husband's death. The widow sufficiently alleges that certain detectives altered the crime scene, created a report contradicting an eyewitness statement, and omitted information from a witness in their police report. She also sufficiently alleges that a crime lab employee did not follow proper procedures in conducting his analysis of the blood found at the scene.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: January 16, 2024, Case #: 3:23cv1045, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Battaglia finds that an employee may pursue some claims for labor code violations against a pipeline construction company. The employee's minimum wage claims are not substantially dependent on the collective bargaining agreement, so they are not preempted by the Labor Management Relations Act. The employee can also pursue a claim for reimbursement based on the use of a personal cell phone, as none of the provisions in the CBA relate to cell phone expenses.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: January 16, 2024, Case #: 3:23cv1626, NOS: Labor/Management Relations - Labor, Categories: Employment, Preemption, Labor