15 results for 'judge:"Sabraw"'.
J. Sabraw dismisses civil rights claims from two residential property developers who say San Diego officials wrongfully denied their request for an exemption from a local code that requires developers to set aside 10% of residential units in new developments for low-income households. The developers say that by denying their exemption, the city is taking their private property, but they point to no legal theory that supports that assertion. The law advances a legitimate government interest in helping the community with more affordable housing and similar local laws have been held up by the state Supreme Court.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 22, 2024, Case #: 3:23cv1755, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Property
J. Sabraw grants partial class certification in a dispute with Healthworks Medical Group over claims of a "highly offensive" health history questionnaire required from job applicants that asked questions regarding mental illness, menstrual histories and pregnancies. Certification is approved for any job applicant that applied for a paid position and was subjected to the questionnaire between October 23, 2017, and December 31, 2018.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 16, 2024, Case #: 3:19cv1539, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action
J. Sabraw denies in a part a motion to dismiss some of the parties from a wrongful death lawsuit stemming from the death of a man while he was an inmate at the San Diego County Central Jail. Correctional Healthcare Partners and a nurse both moved to be dismissed from several of the claims, and while the nurse is dismissed, the health care company is still on the hook for negligence and failure-to-train claims.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: July 19, 2024, Case #: 3:23cv785, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Sabraw denies a debt collector's motion for arbitration against the borrower’s unfair debt collection practices lawsuit. The collector knew of its right to compel arbitration but did not assert that right until nearly seven months after the borrower filed his complaint. The collector instead filed an answer to the complaint that did not assert arbitration as an affirmative defense and entered into the discovery process. Therefore, the collector has waived its right to arbitrate.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: May 21, 2024, Case #: 3:23cv86, NOS: Other Contract - Contract, Categories: Arbitration, Debt Collection
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J. Sabraw rules an employee may pursue failure to accommodate claims against Amazon related to his "bow-legged gait." The employee has sufficiently alleged that his manager insisted that there was no way to accommodate what the manager referred to as the employee's "obvious disability" and "limp," leading Amazon to determine that it could no longer provide him a temporary accommodation due to the "peak season" and subsequently placed the employee on a leave of absence.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: March 29, 2024, Case #: 3:22cv1275, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Sabraw dismisses the consumer's class action alleging that the company's Kombucha beverages have misleading labels that give consumers the false impression that the products contain real fruit juice. The front label of the product, which lists the names of fruits, is ambiguous, so the back label must also be considered. Because the back label states "0% JUICE" in a larger size and different colored font above the beverage's nutrition facts, a reasonable consumer would not assume the product contains real fruit juice.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: February 9, 2024, Case #: 3:23cv1091, NOS: Other Contract - Contract, Categories: Consumer Law, False Advertising
J. Sabraw partly grants an insurance company's motion for partial summary judgment concerning claims that another insurance company withdrew representation on behalf of a construction company in an underlying lawsuit over a poorly constructed a garage. The insurance company sufficiently shows that the second insurer is obligated for equitable contribution because its policy was in effect at the time of the incident.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: January 8, 2024, Case #: 3:23cv79, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Sabraw rules that a consumer may pursue negligence claims against Wells Fargo for allegedly failing to protect his money by depleting his accounts without warning. The economic loss doctrine does not apply because the consumer has alleged that he suffered damages beyond loss of money. Specifically, he alleges he spent time at the bank attempting to learn how his accounts were depleted and suffered anxiety because the money that was depleted was being saved in case of future medical necessities.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: December 1, 2023, Case #: 3:23cv617, NOS: Other Contract - Contract, Categories: Negligence, Banking / Lending, Contract
J. Sabraw denies a background check agency's motion to dismiss Fair Credit Reporting Act claims brought by a class of consumers who say the agency is reporting and publishing consumers' criminal cases that have been expunged. There is a genuine dispute as to whether the agency's review of the state court's website rather than the actual court docket was a reasonable procedure, especially given the disclaimer on the website stating that the information found there does not constitute the official record of the court.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: October 17, 2023, Case #: 3:16cv662, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law