18 results for 'judge:"Anello"'.
J. Anello dismisses the solar roofing company's RICO and fraud claims against a consultant alleging that she and the company's CEO "siphoned" company money through paycheck protection program loan applications. The company fails to provide details as to "whether, how, when or why" loan proceeds were used to pay the consultant's bills for her personal property. The company further fails to identify on which loan application the consultant is alleged to have made the fraudulent reporting.
Court: USDC Southern District of California, Judge: Anello, Filed On: May 3, 2024, Case #: 3:23cv2323, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion, Racketeering
J. Anello finds that the healthcare system improperly removed a privacy class action under the federal officer removal statute. The private healthcare system's "mere compliance with federal law, rules and regulations is insufficient to invoke federal officer removal." Its participation in a federal program that incentivizes and directs healthcare providers to promote access to medical records online is voluntary and the healthcare system does not argue that it acted as the government's agent when it embedded a tracking tool on its website.
Court: USDC Southern District of California, Judge: Anello, Filed On: March 19, 2024, Case #: 3:22cv2040, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Jurisdiction
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. 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
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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
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. Anello grants an irrigation district's motion to dismiss a group of farmers' claims alleging violation of federal laws governing the use of Colorado River water. The same claims were already litigated in state court and the farmers have not shown that they have suffered any new injuries or any new violations by the district. Furthermore, the addition of new farmer, landowner and business plaintiffs in this case does not derail the application of res judicata.
Court: USDC Southern District of California, Judge: Anello, Filed On: September 13, 2023, Case #: 3:22cv1323, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Water
J. Anello vacates a previous opinion and replaces with a new opinion granting a petition for panel rehearing and denying as moot a petition for rehearing in a matter concerning ERISA liability for breach of fiduciary duties and wrongful denial of benefits. The beneficiaries have standing to bring their claims. The beneficiaries sufficiently allege a concrete injury as to their fiduciary duty claim.
Court: 9th Circuit, Judge: Anello, Filed On: August 22, 2023, Case #: 20-17363, Categories: Employment, Erisa
J. Anello finds in favor of the insurance company concerning an insured's bad faith complaint alleging that the insurance company improperly delayed coverage for his medical bills following a car accident. A genuine dispute existed over how much the benefits payout should be, as the insured did not seek treatment for any of his alleged injuries until five weeks after the accident and the insurance company's expert opined that the insured's injuries were not as severe as he claimed.
Court: USDC Southern District of California, Judge: Anello, Filed On: August 16, 2023, Case #: 3:22cv705, NOS: Insurance - Contract, Categories: Insurance
J. Anello rules a class of consumers may pursue fraud claims against a nutrition company that sells a dietary supplement called Keto K1000 powder. The consumer sufficiently alleges that the nutrition company mislabeled its products as containing "nothing artificial," when they actually contain DL malic acid, a synthetic substance derived from petrochemicals, and that he would not have purchased the product had he known the truth.
Court: USDC Southern District of California, Judge: Anello, Filed On: July 7, 2023, Case #: 3:23cv216, NOS: Contract Product Liability - Contract, Categories: Consumer Law, Product Liability, False Advertising
J. Anello grants a private country club's motion to compel arbitration concerning a female member's complaint alleging that the club treated male members more favorably than their female counterparts. The female member argues that the membership contract did not contain an arbitration agreement, which was instead contained in the club's bylaws. While this is true, the membership bylaws are mentioned repeatedly in the contract and the member signed an acknowledgement of receipt of those bylaws.
Court: USDC Southern District of California, Judge: Anello, Filed On: June 30, 2023, Case #: 3:22cv1688, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, Civil Rights, Contract