14 results for 'judge:"Kim"'.
J. Kim grants, in part, a woman’s motion to compel a county’s deposition and production of documents in her excessive force case. Certain requested information, such as complaints made against local police officers, where the city started disciplinary actions against officers who used excessive force and investigations into officers' use of force, is relevant to her case.
Court: USDC Eastern District of California, Judge: Kim, Filed On: April 18, 2024, Case #: 2:22cv1936, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Kim finds that the trial court properly ordered a city to exempt, from coastal development permit requirements, the property owners’ proposal to build an accessory dwelling unit. The city was not entitled to deference in its interpretation of statute, which broadly exempts improvements that consist of new construction that is directly attached to an existing residence. The property owners argued they were entitled to a permit 60 days after completing the application. Affirmed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: February 22, 2024, Case #: B323731, Categories: Civil Procedure, Government, Property
J. Kim finds that the trial court properly ordered a city to exempt from coastal development permit requirements property owners' proposal to build an accessory dwelling unit. The city was not entitled to deference in its interpretation of statute, which broadly exempts improvements that consist of new construction that is directly attached to an existing residence. Affirmed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: February 1, 2024, Case #: B323731, Categories: Zoning, Housing
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J. Kim partially grants the sued spinal implant manufacturer’s motions in limine against the suing spinal implant manufacturer. This dispute over two competing “expandable cage” spinal implant products that perform the same function will go to jury trial in January 2024. The suing manufacturer accuses the defendant of stealing its design. The court, on the defendant’s motion, bars the suing manufacturer from producing “ambiguous, misleading or new evidence of alleged trade secret misappropriation,” as well as making other claims about the defendant’s product. The court will allow other controversial materials and topics, such as the actions of the defendant’s parent company, to be brought up at trial.
Court: USDC Northern District of Illinois, Judge: Kim, Filed On: December 11, 2023, Case #: 1:19cv7092, NOS: Other Contract - Contract, Categories: Trade Secrets, Interference With Contract, Business Practices
J. Kim denies the Department of Homeland Security’s motion to dismiss an age and race discrimination suit brought by an over-40 Black former security guard at a Chicago Social Security office. The guard’s employer, a DHS partner, fired him for supposedly mishandling an arrest at the office. Though his union managed to get him reinstated pending DHS approval, the DHS decided he was “not suitable” to return to work. The guard claims the decision was pretextual, and meant to clear him out to make room for younger, non-Black guards. The court finds the guard has adequately alleged that claim.
Court: USDC Northern District of Illinois, Judge: Kim, Filed On: November 22, 2023, Case #: 1:22cv2690, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Kim finds partially in favor of pretrial detainees at a San Bruno jail over claims that they were deprived of access to direct sunlight. While the detainees cannot prevail on their claims that they were subjected to unfair cell schedules as a result of Covid-19, their Fourteenth Amendment rights were violated by not being provided sunlight opportunities. The jail is ordered to begin providing sunlight options to the detainees every day for at least 15 minutes.
Court: USDC Northern District of California, Judge: Kim, Filed On: October 17, 2023, Case #: 3:19cv2724, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Kim partially grants the Cook County State's Attorney's Office's motion for protection against producing documents in an underlying class action suit against Chicago's controversial use of ShotSpotter crime alert technology. The class has subpoenaed the CCSAO for documents and emails related to a case the office prosecuted on the back of ShotSpotter alerts, only to later drop. The court finds that several of the requested documents and emails are protected, but demands the CCSAO produce the rest.
Court: USDC Northern District of Illinois, Judge: Kim, Filed On: September 25, 2023, Case #: 1:22cv3773, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Discovery, Class Action
J. Kim finds that a temporary judge who was appointed by stipulation lacked jurisdiction to rule that a husband had provided an accounting of stock that was the subject of their dissolution agreement. The wife withdrew her motion for an accounting prior to the termination date of the judge's appointment and the judge lacked jurisdiction to restore the accounting based on a motion the husband filed after the end of the appointment. Reversed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: July 21, 2023, Case #: B313469, Categories: Family Law, Jurisdiction
J. Kim finds that the the trial court erred in finding a school district liable for a knee injury that a student suffered when tackled by a fellow student during physical education. There was no evidence that the district knew or suspected the fellow student had engaged in conduct that would trigger the mandatory duty to report his intimidating and disruptive conduct to the injured student's teachers. Also, there was no evidence that any failure to report was the proximate cause of the injury. On remand, the trial court must apportion fault for noneconomic damages between the fellow student and the physical education teacher. Reversed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: July 3, 2023, Case #: B317548, Categories: Education, Negligence
J. Kim finds that the trial court properly dismissed a shareholders' derivative fiduciary duty suit for a failure to show demand futility. The shareholders did not establish that it would have been futile to serve a demand on the board of directors of the utility responsible for the 2015 Aliso Canyon gas leak. The complaint did not sufficiently allege that the board had not taken good faith efforts to monitor and report safety issues with natural gas storage infrastructure, or that the individual directors faced liability. Affirmed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: June 2, 2023, Case #: B312129, Categories: Securities