12 results for 'judge:"Lorenz"'.
J. Lorenz grants JP Boden Services' motion to dismiss the consumer's Video Privacy Protection Act claims alleging that the company captures visitors' personal identifiable information while they view videos on its website. The consumer fails to plausibly allege that she "acted as a 'purchaser' or 'subscriber' sufficient to constitute a 'consumer' under the VPPA upon viewing a six-second video snippet when she landed on the Boden retail website." Therefore, the protections of the VPPA do not extend to her.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: February 12, 2024, Case #: 3:23cv534, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action, Technology
J. Lorenz partly grants the consumer's motion to pursue California Invasion of Privacy Act violations against Pappa John's for allegedly using session replay software on its online platform without disclosure. The consumer has sufficiently alleged that Papa John's intercepts the content of users' internet communications rather than simply recording the information. However, their claim for injunctive relief is dismissed because the consumer has not alleged he will visit the Papa John's website again.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: January 12, 2024, Case #: 3:22cv1492, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Lorenz denies a physician's motion for a good faith settlement determination concerning professional negligence claims against San Diego County, which allegedly failed to provide a female detainee, now incapacitated, with medical care after she hallucinated in her jail cell and suffered a head injury. The county sufficiently shows that the physician has failed to produce evidence of his financial status and insurance policy limits.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: January 2, 2024, Case #: 3:19cv1650, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Insurance, Settlements
J. Lorenz declines to issue a preliminary injunction to halt a state law prohibiting federally licensed firearms dealers from selling a firearm to a person under 21 years of age with certain exceptions for those who have received proper training. The purpose of the law is public safety, as the government has cited evidence that the 18-to-20-year age group targeted by the law has been identified as disproportionately prone to violence, including gun violence, compared to older age groups.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: December 8, 2023, Case #: 3:19cv1226, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms, Injunction
J. Lorenz dismisses a father's Federal Wire Tap Act violations claims against the mother's attorneys related to the mother using her iPad to record a phone call with him. The recording was made by the mother, who allegedly distributed it to two members of the father's family. The father does not allege that the mother's attorneys intercepted the phone call or that they disclosed the recording, so they cannot be held liable under the Act.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: December 5, 2023, Case #: 3:23cv896, NOS: Other Statutory Actions - Other Suits, Categories: Privacy
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J. Lorenz grants the SEC's motion to dismiss a law firm's move for a declaratory judgment that engaging in transactional activities on the Ethereum Network does not violate the Securities Act of 1933. The claim is not ripe for review, as the SEC has not issued firm guidance on whether the Ethereum Network and Ether digital currency units are securities. It is also unclear whether the SEC would bring a lawsuit against the law firm, so there is no controversy under the "firm prediction rule."
Court: USDC Southern District of California, Judge: Lorenz, Filed On: July 28, 2023, Case #: 3:22cv1832, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Lorenz dismisses claims brought by a short-term rental alliance group seeking to enjoin the City of San Diego from enforcing ordinances that regulate short-term residential rentals not occupied by the host. The ordinance does not target property owners, whether they occupy the rental property or not, but rather distinguishes between short-term rentals based on whether they are occupied by a host. The ordinance does not require that the property owner act as the host. The city has legitimate reasons for the ordinance, including preserving the available housing inventory and preserving the neighborhood character.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: June 12, 2023, Case #: 3:22cv1831, NOS: Housing/Accommodations - Civil Rights, Categories: Constitution, Municipal Law, Housing