11 results for 'judge:"Houston"'.
J. Garland declines to exclude certain expert testimony in the corrections officer's complaint alleging that he became ill as a result of mold exposure in the basement of the corrections center. The government's expert has a doctorate degree and more than 20 years of experience conducting scientific research and leading teams in various fields, including public health and mold remediation, so he is qualified to testify at trial about the mold levels at the center.
Court: USDC Southern District of California, Judge: Houston, Filed On: March 13, 2024, Case #: 3:19cv2138, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Experts
J. Houston grants San Diego State University's anti-SLAPP motion to strike the student's state claims over disciplinary measures that were taken against him alleging that he participated in fraternity hazing. The negligence claims fail because the disciplinary charges were dropped with no negative remarks on his transcript and the student was able to graduate, so he did not suffer damages. His emotional distress claim fails because he provides only conclusory statements to support his allegations.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 28, 2024, Case #: 3:21cv2131, NOS: Education - Civil Rights, Categories: Anti-slapp, Negligence, Emotional Distress
J. Houston partly grants the limited partner's motion for partial summary judgment concerning the sale of real estate assets. Although the co-general partner has an unambiguous right under the language of the Limited Partnership Agreement to sell the entirety of the real estate asset or to purchase the limited partnership's interest itself after the limited partner requests a sale, the limited partner still has the right to consent or decline a sale.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 9, 2024, Case #: 3:19cv2075, NOS: Other Contract - Contract, Categories: Real Estate, Partnerships
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J. Houston awards the civilian $5.8 million in attorney fees following a favorable jury verdict for excessive force claims against San Diego County in which the civilian was awarded $800,000 for past non-economic loss and $4.2 million for future non-economic loss. Although the civilian requested $9.3 million in attorney fees, he fails to show that a 2.0 multiplier is justified. A 1.3 multiplier is more appropriate in this case. Also, too many hours were billed for "trial preparation" without adequate documentation to support them.
Court: USDC Southern District of California, Judge: Houston, Filed On: September 29, 2023, Case #: 3:15cv1985, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees, Police Misconduct
J. Houston grants a third-party insurance company's motion to dismiss fiduciary duty claims brought by a Homeland Security agent who allegedly threatened a civilian with a gun while off duty. The insurance company's actions of "referring the agent to defense attorneys and paying any legal bill that was subject to a later policy coverage determination on whether he was acting in the course and scope of his employment was within the normal course and scope of the insurer-insured relationship," and did not create a fiduciary relationship. The agent's claims that the insurer breached its duties is adequately redressed by a claim alleging bad faith rather than a fiduciary duty claim.
Court: USDC Southern District of California, Judge: Houston, Filed On: September 27, 2023, Case #: 3:18cv1012, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Fiduciary Duty, Contract
J. Houston rules that a hemp farm company may pursue Fourth Amendment claims against San Diego County officers related to the search of its farm and the destruction of $3 million worth of crops. The search warrant was defective because it did not mention the possibility that the company was legally cultivating hemp on its property and not marijuana. The officers also unreasonably dismissed the farm tenant's offer to show physical proof that the farm had a valid registration permit to grow hemp.
Court: USDC Southern District of California, Judge: Houston, Filed On: September 19, 2023, Case #: 3:20cv2082, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Houston rules that a former San Diego State University student who was part of a fraternity may pursue negligence claims against university officials for allegedly falsely accusing him of participating in hazing. The individuals are not entitled to immunity because the former student has sufficiently alleged that they accused him of hazing despite knowing that there was no evidence to support the accusations, which supports "an intent to deceive."
Court: USDC Southern District of California, Judge: Houston, Filed On: May 17, 2023, Case #: 3:21cv2131, NOS: Education - Civil Rights, Categories: Education, Tort, Negligence