18 results for 'judge:"Montenegro"'.
J. Montenegro grants Trader Joe's motion to dismiss some claims in a class action alleging that Trader Joe's dark chocolate products contain lead, cadmium and arsenic, which are not printed on the label. Although the consumers "may not be able to pinpoint a specific level at which these products would become an unreasonable safety hazard or unfit for human consumption, they have to at least provide some connection between the general harms possible from these heavy metals and the levels of heavy metals in these products."
Court: USDC Southern District of California, Judge: Montenegro, Filed On: March 27, 2024, Case #: 3:23cv61, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Montenegro grants the students' motion to overturn a magistrate judge’s discovery order in their case seeking a partial refund of tuition for the 2020-2021 academic year when the university switched to remote learning due to the Covid-19 pandemic. The magistrate judge erred in striking a supplemental expert report that was deemed untimely. The practical effect of striking the expert's damages calculation amounts to the dismissal of the students' contract and unjust enrichment claims, which is too severe a sanction.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: February 7, 2024, Case #: 3:20cv1946, NOS: Other Contract - Contract, Categories: Education, Experts, Discovery
J. Montenegro partly rules that an employee, 58, may pursue Fair Employment and Housing Act claims against Walmart. Although some of his claims are time-barred, his claims based on discrete acts occurring after March 12, 2021, are still timely. These include allegations that he was not offered FMLA leave when he needed to take it for his mental health and that he was moved to a less desirable position when he returned to work after a leave of absence.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: January 4, 2024, Case #: 3:23cv1368, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Montenegro grants the media company's motion for judgment on the pleadings as to the store's trade libel counterclaim alleging that the media company posted more than a hundred negative reviews against the store on Google and Yelp. The store fails to identify any customers or transactions they lost as a result of the alleged trade libel, or show to a reasonable certainty that they suffered general business loss as a result. However, the store is granted leave to add a new claim for defamation based on the same allegations supporting their trade libel claim.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: December 19, 2023, Case #: 3:21cv1909, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Montenegro finds in favor of Homeland Security on the Supervisory Marine Interdiction Agent's complaint alleging that he faced discrimination after he suffered a shoulder injury and requested accommodations. The agent's request not to wear his uniform was not a reasonable accommodation because even if he were allowed to wear plain clothes, the agent still required a modified or light duty assignment due to his medical restrictions. Furthermore, the agent's transfer to another branch was not retaliatory because he was free to decline the transfer.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: December 15, 2023, Case #: 3:21cv1390, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Montenegro partially grants the county's motion to exclude the family's expert's opinion in a lawsuit over the death of an inmate at the San Diego Jail. The expert admits that he is not qualified to render a standard of care opinion for nurses, so he is precluded from testifying on the actions of specific nurse defendants. However, he can opine on deficiencies in the care decedent received and how that may have contributed to his death.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: December 1, 2023, Case #: 3:20cv457, NOS: Other Civil Rights - Civil Rights, Categories: Experts, Wrongful Death, Discovery
J. Montenegro denies an insurance company's motion to dismiss contract claims brought by the homeowners, who allege that the company violated the insurance policy by refusing to cover costs to repair interior water damage caused by a rainstorm. The insureds' claims of oppression and malice are supported by allegations that the insurer would not authorize remediation of the water backup immediately, despite the insureds' concern of potential growth of harmful mold that would severely impact the existing health condition of one of their children.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: October 10, 2023, Case #: 3:23cv229, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Montenegro grants in part San Diego's motion in limine to toss out opinions from the civilian's expert in a lawsuit accusing the city's officers of using excessive force when arresting the civilian. The civilian's expert "in police procedures and practices" is precluded from testifying that the civilian's injuries can be attributed to the officers' actions, because he is not a medical expert. The expert's opinion that the officers' use of force was "excessive" is also precluded, as it is an improper legal conclusion.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: August 25, 2023, Case #: 3:20cv2273, NOS: Other Civil Rights - Civil Rights, Categories: Experts, Discovery, Police Misconduct
J. Montenegro finds that the operators of medical supply facilities, as non-signatories to an arbitration agreement, may not enforce its provisions as third-party beneficiaries in a suit brought against them by a worker alleging unpaid compensation. The worker's contract is with a temporary staffing company and the operators of the medical supply facilities fail to show that they are or were at any time "partners" of the staffing company. Furthermore, nothing in the arbitration agreement "evinces an intention to cover assignees or successors-in-interest."
Court: USDC Southern District of California, Judge: Montenegro, Filed On: July 19, 2023, Case #: 3:21cv1519, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment
J. Montenegro grants a San Diego County Board of Supervisors' motion to dismiss a registered voter's lawsuit seeking to decertify the November 2020 elections results and to require California to stop using any electronic election machines. The voter lacks standing as she has not shown that she has suffered a concrete injury. She does not specifically allege that she voted in any of the three elections challenged in the complaint and only alleges a general grievance about the voting system, which is insufficient to establish standing under Article III.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: May 24, 2023, Case #: 3:22cv1651, NOS: Voting - Civil Rights, Categories: Elections