290 results for 'court:"USDC Southern District of California"'.
J. Lorenz partly grants the consumer's motion to pursue California Invasion of Privacy Act violations against Pappa John's for allegedly using session replay software on its online platform without disclosure. The consumer has sufficiently alleged that Papa John's intercepts the content of users' internet communications rather than simply recording the information. However, their claim for injunctive relief is dismissed because the consumer has not alleged he will visit the Papa John's website again.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: January 12, 2024, Case #: 3:22cv1492, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Sabraw partly grants an insurance company's motion for partial summary judgment concerning claims that another insurance company withdrew representation on behalf of a construction company in an underlying lawsuit over a poorly constructed a garage. The insurance company sufficiently shows that the second insurer is obligated for equitable contribution because its policy was in effect at the time of the incident.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: January 8, 2024, Case #: 3:23cv79, NOS: Insurance - Contract, Categories: Insurance, Indemnification
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J. Major partially grants the parents' motion to compel the county to produce certain documents in their lawsuit alleging that the county violated their rights by impermissibly conducting video surveillance of their child during their investigation into abuse accusations against the parents. The parents are entitled to the names and contact information for all individuals that participated in the decision to videotape the child. The parents' need for the information outweighs the state's interests in keeping the juvenile case file materials confidential.
Court: USDC Southern District of California, Judge: Major, Filed On: January 8, 2024, Case #: 3:21cv341, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Privilege
J. Montenegro partly rules that an employee, 58, may pursue Fair Employment and Housing Act claims against Walmart. Although some of his claims are time-barred, his claims based on discrete acts occurring after March 12, 2021, are still timely. These include allegations that he was not offered FMLA leave when he needed to take it for his mental health and that he was moved to a less desirable position when he returned to work after a leave of absence.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: January 4, 2024, Case #: 3:23cv1368, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Lorenz denies a physician's motion for a good faith settlement determination concerning professional negligence claims against San Diego County, which allegedly failed to provide a female detainee, now incapacitated, with medical care after she hallucinated in her jail cell and suffered a head injury. The county sufficiently shows that the physician has failed to produce evidence of his financial status and insurance policy limits.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: January 2, 2024, Case #: 3:19cv1650, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Insurance, Settlements
J. Huff grants a personal care company's motion to dismiss negligent product liability claims brought by a consumer who allegedly suffered injuries after using a defective wax hair remover product. The consumer goods company has provided undisputed evidence that it did not design, manufacture, label or distribute the product in California or within the United States. The product was manufactured in Spain and distributed for sale in the Canadian market. Therefore, the court lacks personal jurisdiction.
Court: USDC Southern District of California, Judge: Huff, Filed On: January 2, 2024, Case #: 3:23cv2051, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction
J. Major grants a jet charter company's motion for monetary sanctions in a contract dispute brought by a doctor. Despite being ordered to provide discovery and warned that sanctions would be issued if he continued to fail to comply with his discovery obligations, the doctor failed to participate in discovery, pay prior sanctions, file any document, or appear in court as ordered. The doctor and his counsel are ordered to pay $1,140. Furthermore, it is recommended that the district judge issue a dismissal sanction.
Court: USDC Southern District of California, Judge: Major, Filed On: December 19, 2023, Case #: 3:19cv49, NOS: Other Contract - Contract, Categories: Sanctions, Discovery, Contract
J. Montenegro grants the media company's motion for judgment on the pleadings as to the store's trade libel counterclaim alleging that the media company posted more than a hundred negative reviews against the store on Google and Yelp. The store fails to identify any customers or transactions they lost as a result of the alleged trade libel, or show to a reasonable certainty that they suffered general business loss as a result. However, the store is granted leave to add a new claim for defamation based on the same allegations supporting their trade libel claim.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: December 19, 2023, Case #: 3:21cv1909, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Montenegro finds in favor of Homeland Security on the Supervisory Marine Interdiction Agent's complaint alleging that he faced discrimination after he suffered a shoulder injury and requested accommodations. The agent's request not to wear his uniform was not a reasonable accommodation because even if he were allowed to wear plain clothes, the agent still required a modified or light duty assignment due to his medical restrictions. Furthermore, the agent's transfer to another branch was not retaliatory because he was free to decline the transfer.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: December 15, 2023, Case #: 3:21cv1390, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Whelan dismisses some of the self-help book author's state claims alleging that Kaiser Foundation Health Plan's employees used content from her pain management workbook without her permission. The author's claims for negligence and emotional distress are preempted by the federal Copyright Act because they are premised on the employees using the content of her workbook, including her system, process and ideas. The remaining claims are not preempted and are remanded to state court.
Court: USDC Southern District of California, Judge: Whelan, Filed On: December 15, 2023, Case #: 3:23cv1507, NOS: Other Contract - Contract, Categories: Preemption, Jurisdiction, Contract
J. Battaglia grants the employees' motion to order a ship repair company to provide them with information concerning the identities of putative class members who have received settlement letters from the company and who have purportedly released their claims by signing settlement agreements checks. In order "to counteract the coercive nature of the employer-employee communications, the putative class should be explicitly instructed that they have more time to consider the officer, discuss with plaintiffs' counsel, and either complete the settlement or withdraw their prior release as they choose."
Court: USDC Southern District of California, Judge: Battaglia, Filed On: December 12, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Class Action
J. Bashant rules an opthalmic pharmacy may present "belatedly identified witnesses" testimony in court concerning false advertising against a competitor. The pharmacy was unaware of these 12 witnesses or the content of their testimony before receiving a voicemail from the competitor's former employee stating that she had information that would be pertinent to the litigation. However, the competitor will be prejudiced if it is unable to depose the newly identified witnesses so discovery is reopened for the sole purpose of allowing the competitor to conduct these depositions.
Court: USDC Southern District of California, Judge: Bashant , Filed On: December 12, 2023, Case #: 3:21cv1305, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, False Advertising
J. Lorenz declines to issue a preliminary injunction to halt a state law prohibiting federally licensed firearms dealers from selling a firearm to a person under 21 years of age with certain exceptions for those who have received proper training. The purpose of the law is public safety, as the government has cited evidence that the 18-to-20-year age group targeted by the law has been identified as disproportionately prone to violence, including gun violence, compared to older age groups.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: December 8, 2023, Case #: 3:19cv1226, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms, Injunction
J. Battaglia grants class certification as to a minimum wage, overtime, and meal break subclasses in the employees' labor action against the shipyard. Common questions predominate individualized issues in these subclasses. However, certification is denied for the two reimbursement subclasses. The employees offer no way of determining on a class-wide basis when or to what extent class members incurred unreimbursed business expenses. Each class member's claimed expenses would need to be scrutinized individually.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: December 6, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: Employment, Class Action, Labor
J. Rodriguez grants the real estate company's motion to substitute an expert witness in its lawsuit over an insurance payment for damage and repair to the real estate company's property. The company's original expert witness became unavailable due to his wife's health issues more than a month after his timely designation, which was outside of the company's control. The deadline to designate expert witnesses is granted for the sole purpose of allowing the company to redesignate this expert.
Court: USDC Southern District of California, Judge: Rodriguez, Filed On: December 6, 2023, Case #: 3:22cv1789, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
J. Lorenz dismisses a father's Federal Wire Tap Act violations claims against the mother's attorneys related to the mother using her iPad to record a phone call with him. The recording was made by the mother, who allegedly distributed it to two members of the father's family. The father does not allege that the mother's attorneys intercepted the phone call or that they disclosed the recording, so they cannot be held liable under the Act.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: December 5, 2023, Case #: 3:23cv896, NOS: Other Statutory Actions - Other Suits, Categories: Privacy
J. Montenegro partially grants the county's motion to exclude the family's expert's opinion in a lawsuit over the death of an inmate at the San Diego Jail. The expert admits that he is not qualified to render a standard of care opinion for nurses, so he is precluded from testifying on the actions of specific nurse defendants. However, he can opine on deficiencies in the care decedent received and how that may have contributed to his death.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: December 1, 2023, Case #: 3:20cv457, NOS: Other Civil Rights - Civil Rights, Categories: Experts, Wrongful Death, Discovery
J. Sabraw rules that a consumer may pursue negligence claims against Wells Fargo for allegedly failing to protect his money by depleting his accounts without warning. The economic loss doctrine does not apply because the consumer has alleged that he suffered damages beyond loss of money. Specifically, he alleges he spent time at the bank attempting to learn how his accounts were depleted and suffered anxiety because the money that was depleted was being saved in case of future medical necessities.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: December 1, 2023, Case #: 3:23cv617, NOS: Other Contract - Contract, Categories: Negligence, Banking / Lending, Contract
J. Simmons grants Tommy Bahama's motion to compel arbitration of the employee's putative class action alleging wage violations. Although the employee, who speaks very little English, was not given a Spanish version of the arbitration agreement, Tommy Bahama's Executive Chef communicated to her in Spanish the existence and meaning of the agreement.
Court: USDC Southern District of California, Judge: Simmons, Filed On: November 29, 2023, Case #: 3:22cv1881, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Labor
J. Whelan denies the consumer's motion to remand his warranty complaint alleging that his 2020 Chevrolet Bolt had defects that GM was unable to fix. GM provides evidence that the vehicle is worth $38,000. Because attorney fees in a case such as this are likely to be around $50,000, the total actual damages at issue meet the $75,000 threshold for federal jurisdiction.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 29, 2023, Case #: 3:23cv1556, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, Warranty
J. Anello awards the borrower $82,000 in attorney fees after agreeing to a $40,000 settlement in his case alleging that the mortgage company inaccurately reported to credit agencies that he was behind on his payments. The mortgage company's settlement offer did not state that attorney fees or costs were included, so the borrower is entitled to an award of attorney fees as the prevailing party.
Court: USDC Southern District of California, Judge: Anello, Filed On: November 29, 2023, Case #: 3:22cv345, NOS: Consumer Credit - Other Suits, Categories: Settlements, Banking / Lending, Attorney Fees