17 results for 'judge:"Bernal"'.
J. Bernal finds in favor of the management consulting company on the camera operator's complaint alleging that he was fired for not submitting proof of getting a Covid-19 vaccination after it denied his religious exemption to the vaccine. The camera operator argues that the company did not accommodate his religious beliefs, but allowing him to continue working without receiving the vaccine "would have exposed [his] co-workers to a greater risk of Covid-19 infection" and put his co-workers' lives in danger.
Court: USDC Central District of California, Judge: Bernal, Filed On: April 18, 2024, Case #: 5:22cv2220, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Bernal finds in favor of the animal control officers against the animal rescue leader's claim that they issued a search warrant against her and the home owner, falsely accusing the latter two of stealing about 63 German shepherd dogs from an uninhabitable property. The fact that one of the animal control officers omitted how the animal rescue leader communicated with a San Bernardino County Sheriff’s Department officer about receiving the 63 dogs does not impact that the animal control officers had probable cause to search the home owner's phone records or that the animal control officers authored a reasonable search warrant.
Court: USDC Central District of California, Judge: Bernal, Filed On: March 27, 2024, Case #: 5:22cv1600, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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. Bernal finds in favor of the food company against the operations manager's complaint accusing it of conducting a wrongful investigation that led to his termination because he complained about its meal policy and because he is of Canadian origin. The operations manager did not exhaust administrative remedies regarding his July 2019 written warning and he does not offer any rebuttals to the warning itself. Furthermore, he does not establish sufficient evidence that his national origin was a factor in his firing.
Court: USDC Central District of California, Judge: Bernal, Filed On: December 7, 2023, Case #: 5:21cv1111, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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J. Bernal finds, based on findings of fact and conclusions of law, that the parent has not shown that an administrative law judge's factual findings regarding her child's special education needs were erroneous or that any issues in the Office of Administrative Hearings' decision were time-barred. The parent sought partial reversal of the Office of Administrative Hearings' findings that her child was not eligible for special education and related services after June 30, 2017 and was not entitled to a free appropriate public education from the school district. The administrative law judge found that the parent refused to consent to the school district's assessment plans for the student.
Court: USDC Central District of California, Judge: Bernal, Filed On: November 22, 2023, Case #: 5:21cv326, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education
J. Bernal denies General Motors' motion to dismiss a consumer's allegations that GM falsely claimed the Chevrolet Bolt was safe and functional, when they knew of battery defects that led to a recall notice "stating that its batteries may ignite when nearing a full charge" and warning that mileage should not fall below 70 miles remaining and the vehicle should not be parked indoors overnight due to battery defects. The consumer alleges that GM had a duty to disclose that the battery was unsafe at the time of purchase and that if he had known of these defects, he would not have bought the car. The consumer is granted leave to amend his fraud claims, therefore GM's motion to dismiss is denied as moot.
Court: USDC Central District of California, Judge: Bernal, Filed On: November 15, 2023, Case #: 5:23cv1715, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Bernal finds in favor of the city against the towing company's claim that the city discriminated against the towing company in favor of other tow operators by intentionally giving other tow operators more toll calls. The towing company was only entitled to a "reasonably similar opportunity" as other contractors in the tow rotation system under its contract with the city, with no guarantee that each tow operator would receive the same number of tows. In 2017, the towing company received 19.1% of the total tows in rotation, which is the statewide average.
Court: USDC Central District of California, Judge: Bernal, Filed On: September 5, 2023, Case #: 5:20cv2506, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Contract
J. Bernal finds in favor of the matchmaking company against the users' claim that the company made romantic matches at random instead of cultivating its services for the best possible match, making the company’s service to each of the users worthless. The evidence shows that the company based its matchmaking decisions on the users' preferences, such as race, physical appearance and location, and not on a random process.
Court: USDC Central District of California, Judge: Bernal, Filed On: August 25, 2023, Case #: 5:20cv2352, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Bernal dismisses the job applicant's complaint alleging that the credit union claimed that its Zelle app was safe to use only for the job applicant to transfer $3,500 to a company in exchange for work equipment that never arrived. There is no doubt that the job applicant suffered thousands of dollars in injury and she can sue for injuries from the fraudster, but she does not prove that the credit union falsely advertised Zelle because it never guaranteed that transferred money could be recovered, and, in fact, the credit union expressly warns users to only use Zelle with trusted parties.
Court: USDC Central District of California, Judge: Bernal, Filed On: August 14, 2023, Case #: 5:23cv285, NOS: Other Contract - Contract, Categories: Fraud, Class Action, Contract
J. Bernal finds in favor of the college district against the former employee’s claim that the district forced her to resign because of her age and for making complaints about unsafe working conditions. There is no evidence that the superintendent considered the former employee’s age or working conditions complaint before placing her on administrative leave, but instead considered the hostile work environment that the former employee created by swearing, throwing her mouse at a desk and claiming that she was going “to hurt someone.”
Court: USDC Central District of California, Judge: Bernal, Filed On: August 10, 2023, Case #: 5:20cv1142, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Bernal finds in favor of the school district on the farm owner’s claim that the district violated his First Amendment rights when it stopped using the farm for student field trips in 2018 after the farm owner posted on Facebook that “black supremacy” was more concerning than “white supremacy.” The school board affirmed that there is not a district policy barring or discouraging field trips to the farm. Although the farm owner argues that there have been no field trips to his farm since 2018, he is unable to present evidence that this is so because of a district policy.
Court: USDC Central District of California, Judge: Bernal, Filed On: May 18, 2023, Case #: 5:18cv2185, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, First Amendment