290 results for 'court:"USDC Southern District of California"'.
J. Whelan denies a consumer's motion to remand warranty claims against General Motors. The consumer's complaint "goes beyond merely requesting the Song-Beverly Act's civil penalties" and instead "makes numerous allegations of willful misconduct." If these allegations are proven true, the civil penalty award could total as high as $28,000. This amount combined with the actual damages and potential attorney fees at issue would more than exceed the $75,000 threshold for jurisdiction.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 28, 2023, Case #: 3:23cv1554, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Jurisdiction, Warranty
J. Sammartino rules that an implant patient may pursue most of her claims against an implant manufacturer stemming from a SurgiMend device, used during a ventral hernia repair, that allegedly malfunctioned and caused her to suffer from a bowel injury and severe pain. The patient sufficiently alleges that the manufacturer knew from internal testing and investigations that the product creates a high risk of bowel injury and failed to warn her doctor of these risks.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 27, 2023, Case #: 3:22cv604, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Warranty
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J. Berg grants GEICO's motion to compel depositions from 13 insureds in a class action brought by non-exempt adjusters who say they were not paid overtime or for all hours worked. The 13 opt-in class members at issue failed to show up for their depositions despite being properly notified. However, GEICO is not entitled to sanctions for the insureds' failure to appear because GEICO unilaterally picked depositions dates despite a prior court order explicitly requiring such depositions to proceed on dates that were "mutually agreeable" for the witness and both sets of counsel.
Court: USDC Southern District of California, Judge: Berg, Filed On: November 17, 2023, Case #: 3:21cv1751, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Sanctions, Discovery
J. Curiel denies San Diego County's motion in limine in litigation concerning the termination of a chief medical officer during a Hepatitis outbreak. The county is not entitled to investigate the chief medical officer's mental health state during the outbreak and his eventual response to Covid-19. Also, the county's motion to preclude comments on whether its conduct in terminating the chief medical officer was "fair" is overly broad and premature.
Court: USDC Southern District of California, Judge: Curiel, Filed On: November 14, 2023, Case #: 3:21cv1575, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Discovery
J. Sammartino grants the YMCA's motion to dismiss an employee's employment discrimination claims. The employee, who says he was sexually assaulted at work, failed to show in court the identity of the perpetrator, the date he was assaulted, or his theory of liability.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 13, 2023, Case #: 3:23cv457, NOS: Employment - Civil Rights, Categories: Employment
J. Burkhardt grants a former senior account manager's motion to compel her former life science company employer to produce a modified version of an incentive plan document. The former employee, who is being sued for allegedly stealing trade secrets, sufficiently shows that the document would support her counterclaim for past due incentive rewards.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: November 13, 2023, Case #: 3:22cv1952, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Discovery
J. Major denies the married couple's motion to compel documents concerning claims that they were falsely accused of committing burglary, which landed them both in jail overnight. The husband and wife fail to explain how internal affairs reports and photographs related to car accidents involving the defendant deputies are relevant and proportional to the needs of the case. Also, the couple seeks a video from the husband's booking at the jail, but the county performed a search and determined that no such video exists.
Court: USDC Southern District of California, Judge: Major, Filed On: November 9, 2023, Case #: 3:22cv512, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Police Misconduct
J. Benitez issues a mixed ruling on both parties' motions in limine to exclude certain evidence at trial concerning the death of a detainee who was confined in County jail. The county is not entitled to the exclusion of evidence referencing the post-incident investigations by both Internal Affairs of the prison and the Registered Nursing Board, but the county can exclude evidence of post-incident changes to the jail's policies. Decedent's family members are entitled to withhold certain evidence about decedent's criminal history.
Court: USDC Southern District of California, Judge: Benitez, Filed On: November 9, 2023, Case #: 3:16cv1004, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Police Misconduct
J. Sammartino dismisses in part the consumer's complaint alleging that the food manufacturer falsely advertised that its product contains a natural form of malic acid even though the label lists a form of DL malic acid that is an ingredient derived from "petrochemicals." The consumer's claims for equitable relief are dismissed because he has not pleaded that he lacks an adequate remedy at law. However, it is plausible to infer based on the consumer's complaint that all flavors of the company's product contain artificial DL malic acid, so the claims will not be dismissed on these grounds.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 8, 2023, Case #: 3:23cv220, NOS: Contract Product Liability - Contract, Categories: Product Liability, Class Action, False Advertising
J. Bashant grants counter-claimant Viking Air's motion for a preliminary injunction enjoining Ikhana Group and Aevex Aerospace from marketing or selling any modification that increases the maximum take-off weight of Viking's 400 Series Twin Otter Aircraft in commuter operations. Viking has met its burden of demonstrating a likelihood of irreparable harm by alleging that Ikhana is using its trade secrets for commercial advantage and intends to continue using them. Meanwhile, the narrow injunction "will not pulverize Ikhana's existing business."
Court: USDC Southern District of California, Judge: Bashant, Filed On: November 7, 2023, Case #: 3:23cv1306, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract, Injunction
J. Whelan finds in favor of the insurance company for breach of covenant of good faith and fair dealing brought by an insured physician. The insurer's determination of how the physician became disabled is supported by five physicians. A genuine dispute exists as to the origin of the physician's disability, so the insurer is not liable for bad faith even though it might be liable for breach of contract.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 6, 2023, Case #: 3:22cv767, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Curiel dismisses the auto company's claim against the union for breach of the collective bargaining agreement under the Labor Management Relations Act. The company alleges that it suffered an injury because Interstate Batteries, a neutral employer that delivers automotive batteries to the company, was induced to intercede in the labor dispute between the company and the union. However, this allegation is not sufficient to allege an injury to support standing.
Court: USDC Southern District of California, Judge: Curiel, Filed On: November 2, 2023, Case #: 3:22cv1987, NOS: Labor/Management Relations - Labor, Categories: Labor / Unions
J. Anello finds that the employee has plausibly pleaded a claim for retaliation in violation of the Sarbanes Oxley Act against the bank based upon her belief that she was reporting a violation of SEC rules. The employee has sufficiently alleged that her complaints regarding the bank's failure to maintain adequate internal controls and inaccurate certification of those controls in its financial reports led to the bank retaliating against her.
Court: USDC Southern District of California, Judge: Anello, Filed On: October 31, 2023, Case #: 3:22cv386, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Benitez grants Peloton's motion to exclude a consumer's negligence per se claims concerning injuries a toddler sustained by attempting to climb on the back of a treadmill while his father was exercising, which resulted in the child suffering serious injuries to his ribs and torso when he was "pulled under the 450- pound tread." The consumer submitted the negligence claims per se months after the close of discovery. Also, the consumer's objection to one of Peloton's two medical experts is denied, as his report is not identical to the other expert's report even though some of their opinions overlap.
Court: USDC Southern District of California, Judge: Benitez, Filed On: October 27, 2023, Case #: 3:21cv1367, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Discovery
J. Simmons dismisses beer company Soltura's trademark and trade dress complaint alleging that images and phrases used on competitor Cerveceria La Tropical's Tropi Crystal beer cans infringe on the design of Soltura's Palma beer cans. The Tropi Crystal beer was never sold or marketed in California and there is no evidence that consumer confusion occurred in California, so the venue is improper.
Court: USDC Southern District of California, Judge: Simmons, Filed On: October 20, 2023, Case #: 3:23cv1104, NOS: Trademark - Property Rights, Categories: Trademark, Venue