29 results for 'judge:"Frimpong"'.
J. Frimpong grants the Nevada corporations a default judgment of $1.3 million in damages for their complaint that the construction company's subcontractors did not complete the unfinished work left by non-party Icon Identity Solutions. The construction company's lack of participation in this litigation would prejudice the Nevada corporations without default judgment. Also, the Nevada corporations successfully plead that the subcontractors did not uphold their end of the parties' deal.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 26, 2024, Case #: 8:22cv30, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Frimpong denies in part a former senior vice president's motion for judgment as a matter of law and grants in part his motion for a new trial regarding his former employer's, a human tissue product seller's, allegations that he misappropriated trade secrets, breached relevant contracts and interfered with the company's prospective economic advantage. The jury properly found that the former employer's manufacturing process was confidential, and that the former employee used or disclosed this information. The breach of duty claims are not preempted by trade secret law. The damages are supported by the evidence. There were no legal errors that would justify granting a new trial. However, there was insufficient evidence of the former employee's ability to pay a punitive damages award. The parties are ordered to further brief the issue of an appropriate punitive damages award.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 17, 2024, Case #: 2:20cv3444, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Trade Secrets, Contract, Racketeering
J. Frimpong grants homeowners' application for a temporary restraining order to restrain a mortgage company's trustee's sale after it denied their request for a loan modification. The homeowners have shown that they will be irreparably prejudiced by the standard briefing schedule because of the need for a hearing date prior to the scheduled foreclosure sale date. The mortgage company has not provided evidence that it communicated with the homeowners about how to apply for any foreclosure prevention alternatives. The homeowners have established that the property is their primary residence and that they would suffer irreparable harm if the foreclosure sale continues.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 3, 2024, Case #: 2:24cv1529, NOS: Other Contract - Contract, Categories: Real Estate, Restraining Order
J. Frimpong denies in part a medical equipment manufacturer's motion to dismiss relators' allegations of violation of the False Claims Act. Relators allege that ventilators and patient monitoring systems manufactured and sold by the company are defective and unreliable and that the company "gave kickbacks to hospitals to purchase these devices at government expense." The relators have adequately pleaded remuneration and inducement under the Anti-Kickback Statute and have sufficiently alleged materiality and scienter under the False Claims Act.
Court: USDC Central District of California, Judge: Frimpong, Filed On: March 28, 2024, Case #: 2:19cv10960, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims
J. Frimpong grants a company that ships and sells perishable agricultural commodities' application for a temporary restraining order in a contract dispute with a wholesale commission merchant that allegedly has not paid for shipments. The company has provided evidence that the merchant has had its Perishable Agricultural Commodities Act (PACA) license suspended for non-payment and that their PACA trust assets are depleting. The commission merchant is enjoined from transferring proceeds from sales of any or all existing or future inventories of food pending the hearing on the company's motion for preliminary injunction.
Court: USDC Central District of California, Judge: Frimpong, Filed On: March 28, 2024, Case #: 2:24cv2307, NOS: Agricultural Acts - Other Suits, Categories: Agriculture, Contract, Injunction
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J. Frimpong grants in part a housing provider for individuals with disabilities' motion for summary judgment and denies in part the city's motion for summary judgment regarding allegations that the city enacted discriminatory zoning codes that applied more stringent rules on "group homes" which discriminate against individuals with disabilities. The housing provider has provided evidence that its residents are disabled. The city has not shown that "these ordinances benefit the disabled." The housing provider is entitled to summary judgment on its reasonable accommodation claim as the city has not shown "that the requested accommodation was not necessary, not reasonable, or would cause undue hardship."
Court: USDC Central District of California, Judge: Frimpong, Filed On: March 20, 2024, Case #: 8:20cv504, NOS: Housing/Accommodations - Civil Rights, Categories: Housing
J. Frimpong grants in part a motion for monetary sanctions in the amount of $149,787 against an importer and its counsel for causing a mistrial in a trade secrets suit against former employees who formed a competitive business. The importer's counsel asked one of the former employees a question concerning a settlement communication during the trial, which "fairly well and truly tainted" the jury. The judge granted the motion for mistrial, recused himself, and the case was transferred to another judge. The judge properly exercised his discretion in granting a mistrial. He held a hearing with the parties and considered their arguments prior to granting the mistrial.
Court: USDC Central District of California, Judge: Frimpong, Filed On: February 6, 2024, Case #: 2:22cv2120, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Sanctions, Trade Secrets
J. Frimpong grants in part a school district's motion for summary judgment regarding allegations that the previous property owners use of the property as a burn dump, golf course and manufactured gas plant caused contamination of toxic substances that the school district continues to manage. There is a material dispute as to whether the previous owners acted or failed to act and as to whether there is a continuing nuisance. Summary judgment is granted as to the school district's permanent nuisance, unavoidable circumstance and indemnification and contribution defense.
Court: USDC Central District of California, Judge: Frimpong, Filed On: December 27, 2023, Case #: 2:19cv1139, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Frimpong grants in part cross-motions in limine in a dispute between a wireless company and a city that denied the company's application to build a new stealth wireless communications facility to address an alleged coverage gap. The company alleges that the denial violates the Telecommunications Act. The city's expert "is a designated expert with appropriate credentials." Evidence of alternative technologies shall be permitted. The wireless company's expert shall be permitted to discuss the alleged coverage gap.
Court: USDC Central District of California, Judge: Frimpong, Filed On: December 5, 2023, Case #: 2:22cv1642, NOS: Other Statutory Actions - Other Suits, Categories: Communications
J. Frimpong denies Target's and denies in part the county's motions for summary judgment in a civil rights suit brought by teenage shoppers who were detained after three men robbed a Target and fled. The teens allege they were wrongfully detained despite a store employee stating that they were not with the thieves. Store employees blockaded the exits, preventing the teens from leaving until the police arrived. The teens were detained by police, and released after deputies determined that they were not involved in the crime. A material dispute of fact exists regarding the teens' Unruh Act, Bane Act, Ralph Act, false imprisonment, negligence, defamation and excessive force claims. The deputies are not entitled to qualified immunity.
Court: USDC Central District of California, Judge: Frimpong, Filed On: December 1, 2023, Case #: 2:22cv1237, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Frimpong denies an insurance company's motion for summary judgment regarding an insured's allegations that the insurer wrongfully denied his property damage claim after a reverse osmosis system failed and water flooded the kitchen. There is a genuine issue of fact regarding whether the wear and tear exclusion or water exclusion apply, and whether the insurer acted reasonably. The insurer has not shown that the loss is entirely excluded under the policy. The insured's breach of contract and breach of the implied covenant of good faith and fair dealing claims continue.
Court: USDC Central District of California, Judge: Frimpong, Filed On: November 30, 2023, Case #: 2:22cv9261, NOS: Insurance - Contract, Categories: Insurance
J. Frimpong denies in part a comic book co-creator and writer's motion for summary judgment regarding a colorist's allegations of copyright infringement. The colorist alleges that he is a co-writer of the comic book "Invincible," that he owns a portion of the copyright, and that he is owed royalties on derivative works based on "Invincible." The statute of limitations bars the colorist's copyright and fraud claims, but a factual dispute exists regarding the initial agreement and the colorist's compensation. Neither the breach of contract claim nor the claims for declaratory relief as to the Certificate of Authorship are time-barred. The colorist "seeks either to invalidate the Certificate of Authorship on the basis that it lacked consideration or to clarify the meaning and scope of the Certificate of Authorship and oral contract."
Court: USDC Central District of California, Judge: Frimpong, Filed On: November 22, 2023, Case #: 2:22cv180, NOS: Copyrights - Property Rights, Categories: Copyright, Fraud, Contract
J. Frimpong denies in part the county's motion for summary judgment following a police shooting into a vehicle following a pursuit. Deputies shot into the car, killing an individual, while his two-year-old son was in the car. A reasonable jury could find that the unarmed individual did not pose an immediate threat that justified the use of deadly force. The deputies allege the individual backed into their car, knocking them down, and that was when they fired upon him. "Evidence could lead a jury to find the Deputies’ testimony not credible" regarding whether the individual hit the police car with his car, as there is no obvious damage to either car. Neither the on-scene investigator nor an expert witness could confirm whether a collision occurred. The deputies are not entitled to qualified immunity on the claim of excessive force.
Court: USDC Central District of California, Judge: Frimpong, Filed On: November 9, 2023, Case #: 5:20cv2468, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Frimpong denies in part the county's and its employees' motion to dismiss a mother's allegations that county employees violated her Fourteenth Amendment and First Amendment rights when Department of Children and Family Services social workers allegedly misrepresented what her child said in interviews, resulting in the father, who the child had accused of sexual abuse, receiving custody. The statute of limitations does not bar the mother's claims against certain county employees. The mother has adequately pleaded claims against some county employees for violation of the right to familial association under the Fourteenth Amendment.
Court: USDC Central District of California, Judge: Frimpong, Filed On: October 10, 2023, Case #: 2:22cv6900, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Frimpong denies in part the city's motion for summary judgment regarding an individual's allegations of excessive force and false arrest. Officers went to the individual's home for a welfare check after the Veterans Crisis Hotline informed them that the individual was considering committing suicide. The individual told officers he was “OK” and asked them to leave seven times. The individual started to call 911 and the officers handcuffed him. He asked officers to change the handcuff position because he was in pain from a preexisting injury; they refused. There are disputed issues of material fact regarding the individual’s unlawful detention, excessive force and violation of due process claims. The officers are not entitled to qualified immunity because “no reasonable officer could believe that there was probable cause for the detention.”
Court: USDC Central District of California, Judge: Frimpong, Filed On: October 6, 2023, Case #: 2:20cv7439, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Frimpong grants in part an employee's motion for summary judgment regarding allegations that Amtrak wrongfully terminated him after he was charged and acquitted for murder. The employee alleges that Amtrak wrongfully used arrest records as a factor in his firing. Evidence shows that Amtrak considered the engineer’s arrest and record of arrest as factors in making its decision to fire him. The employee's claims are not preempted or precluded, as he went through the collective bargaining agreement's dispute process.
Court: USDC Central District of California, Judge: Frimpong, Filed On: September 1, 2023, Case #: 2:22cv5485, NOS: Employment - Civil Rights, Categories: Employment
J. Frimpong grants in part motions in limine in a copyright infringement dispute regarding a licensing agreement for automobile photographs. Yahoo is precluded from bringing evidence of the photograph owner's previous copyright enforcement actions, from presenting evidence of its breach of contract claims, or from arguing that the photograph owner failed to take reasonable steps to mitigate damages. The photograph owner is precluded from suggesting that Yahoo failed to comply with discovery obligations or from referencing theories that the photograph owner purportedly abandoned at the motion to dismiss stage.
Court: USDC Central District of California, Judge: Frimpong, Filed On: July 28, 2023, Case #: 2:20cv2907, NOS: Copyrights - Property Rights, Categories: Copyright
J. Frimpong denies Experian's motion for summary judgment regarding a mother's allegations of violation of the Fair Credit Reporting Act after her child, a minor, was a victim of identity theft. The child's father opened at least 15 accounts in the child's name and incurred more than $35,000 in debt. The mother notified credit reporting agencies and submitted disputes, and Experian responded that some of the fraudulent accounts had been verified. After the mother filed suit, Experian removed the disputed items from the child's credit file. The mother alleges that Experian failed to conduct a reasonable reinvestigation in violation of the Fair Credit Reporting Act. A reasonable jury could conclude that Experian failed to properly investigate and that the child suffered emotional distress. It is up to the jury to decide whether Experian's conduct met the standard for willfulness.
Court: USDC Central District of California, Judge: Frimpong, Filed On: July 25, 2023, Case #: 8:21cv1092, NOS: Consumer Credit - Other Suits, Categories: Consumer Law
J. Frimpong denies an entertainment news website's motion to dismiss a copyright dispute over the republication of a photograph of Rihanna and A$AP Rocky. The news site's use of the photo does not constitute fair use as the site acknowledged that it wholesale copied the entire original photograph as part of an article when it copied the work from a screenshot of Lil Uzi Vert’s Instagram story.
Court: USDC Central District of California, Judge: Frimpong, Filed On: July 19, 2023, Case #: 2:22cv6518, NOS: Copyrights - Property Rights, Categories: Copyright
J. Frimpong denies AT&T's motion for summary judgment and denies in part a city's cross-motion for summary judgment regarding the city's denial of a new cellular tower that AT&T wanted to build. Substantial evidence supports the city's finding that the proposed facility was neither necessary nor desirable. AT&T did not submit evidence of a significant coverage gap. A genuine dispute of fact exists regarding whether the city has shown that available alternatives exist.
Court: USDC Central District of California, Judge: Frimpong, Filed On: July 10, 2023, Case #: 2:22cv1642, NOS: Other Statutory Actions - Other Suits, Categories: Communications
J. Frimpong preliminarily certifies one of three proposed classes and equitably tolls the statute of limitations for opt-in plaintiffs in part, starting from December 12, 2022, regarding a county employee's allegations of violations of the Fair Labor Standards Act. The employee has provided "sufficient evidence for preliminary certification of the unpaid overtime wage class prior to extensive discovery." For opt-in plaintiffs, "it is appropriate to toll the statute of limitations for the period of time that this preliminary certification Motion has been pending."
Court: USDC Central District of California, Judge: Frimpong, Filed On: July 3, 2023, Case #: 2:21cv2623, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action
J. Frimpong declines to exercise supplemental jurisdiction over an individual's state law claims regarding his allegations that a restaurant does not have an access aisle with level surface slopes, which deterred the individual, who uses a wheelchair, from enjoying use of the business. The individual's four state law claims predominate over his one federal law ADA claim and the case is in its nascent stages, which are compelling reasons to decline supplemental jurisdiction.
Court: USDC Central District of California, Judge: Frimpong, Filed On: June 30, 2023, Case #: 2:23cv2551, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Jurisdiction
J. Frimpong declines to exercise supplemental jurisdiction over an individual's state law claims regarding his allegations that a business does not have a designated parking space for individuals with disabilities which prevented the individual, who uses a wheelchair, from enjoying use of the business. The individual's four state law claims predominate over his one federal law ADA claim, the parties have not yet engaged in meaningful discovery and the court has yet to fully adjudicate the action, and these are compelling reasons to decline supplemental jurisdiction.
Court: USDC Central District of California, Judge: Frimpong, Filed On: June 30, 2023, Case #: 2:22cv2243, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Jurisdiction
J. Frimpong grants in part an apparel company's motion to dismiss a lace designer's copyright infringement claims. The lace designer has not shown that the apparel company had access to its lace design or that the subject design and the infringing product are strikingly similar. The designer is granted leave to amend as it may be able to plead additional facts to address deficiencies.
Court: USDC Central District of California, Judge: Frimpong, Filed On: June 7, 2023, Case #: 2:22cv4425, NOS: Copyrights - Property Rights, Categories: Copyright
J. Frimpong grants a TV ad efficacy measurement company's motion to dismiss a television advertising data company's trade secrets claims. The advertising data company alleges that an employee of the TV ad efficacy company downloaded ads and data in violation of their agreement, and then launched a competitive product. However, the company has not shown that the employee, or any employee, using her credentials to access the database qualifies as circumvention under the anticircumvention provision of the Digital Millennium Copyright Act.
Court: USDC Central District of California, Judge: Frimpong, Filed On: May 22, 2023, Case #: 2:21cv6815, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets