16 results for 'judge:"Scarsi"'.
J. Scarsi denies all of the assisted living company's post-judgment motions for the architectural photographer's complaint that the company acquired several senior living facilities from non-party Atria Management Company and then made unauthorized use of 43 of the photographers' copyrighted photographs from when Atria hired him to take pictures of the facilities. The assisted living company argues that judgment as a matter of law is appropriate for 38 of the photos because the photographer does not prove that it posted 16 of the photos on its website after receiving the March 2021 infringement notice, but there is enough circumstantial evidence to suggest such a thing, and the assisted living company did not properly challenge this claim during the trial.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 7, 2024, Case #: 2:22cv6989, NOS: Copyrights - Property Rights, Categories: Copyright, Evidence
J. Scarsi grants an insurance company's motion to dismiss an insured's claims of breach of contract and elder abuse for not receiving benefits that he alleges he is due under his insurance policy. The insured has not exhausted Medicare’s administrative review procedures for his breach of contract or breach of the implied covenant of good faith and fair dealing claims. The insured is granted leave to amend his elder neglect claim.
Court: USDC Central District of California, Judge: Scarsi, Filed On: January 24, 2024, Case #: 2:23cv6324, NOS: Medicare Act - Contract, Categories: Insurance, Medicare, Contract
J. Scarsi grants summary judgment to the county against the arrestee’s complaint accusing the county and its social workers of detaining her without reasonable cause. The arrestee’s false arrest and imprisonment claims fail because she displayed clear signs of mental illness and a present danger to others, with one example being that the arrestee threw cheese at one of the social workers during a visit and expressed her desire to hurt that social worker.
Court: USDC Central District of California, Judge: Scarsi, Filed On: January 8, 2024, Case #: 2:22cv6342, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Scarsi dismisses the investor-backed company's complaint alleging that the software publishers company infringes on the former's patents relating to a system and method that analyzes "tags associated with a sequence of images presented to a user” to present the user with “a current interest.” The investor-backed company does not explain how its asserted claims have "specific asserted improvements in computer capabilities” instead of disclosing that “computers are invoked merely as a tool," and it also does not show that its patents have inventive concepts.
Court: USDC Central District of California, Judge: Scarsi, Filed On: October 18, 2023, Case #: 2:23cv6298, NOS: Patent - Property Rights, Categories: Patent
J. Scarsi grants a footwear company's motion for default judgment in a patent infringement dispute. The alleged infringer did not oppose the motion and has not otherwise appeared to defend the action. The shoe designer has stated a plausible claim for patent infringement regarding the design of its ballet flat and shown that an ordinary customer might mistake the competitor's alleged infringing product for one of its own. A permanent injunction is warranted as the competitor has not shown that it will not continue infringing the patent in question as it "has not defended this lawsuit despite receiving notice."
Court: USDC Central District of California, Judge: Scarsi, Filed On: September 19, 2023, Case #: 2:22cv6112, NOS: Patent - Property Rights, Categories: Patent
J. Scarsi finds in favor of the casino against the casino player's claim that the County of Los Angeles' deputies and the casino conspired to remove him from the casino's premises after it permanently barred him for violating a rule about not bringing water to the poker table. The casino player offers no evidence to support his argument that the casino and the deputies entered into an agreement to use the latter's authority to violate the casino player's civil rights.
Court: USDC Central District of California, Judge: Scarsi, Filed On: August 23, 2023, Case #: 2:22cv5701, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Covid-19
J. Scarsi dismisses without leave to amend the company’s claim that eHarmony’s profile-building questionnaire infringes on the company’s patent titled, “Methods and Systems for Identity Verification in a Social Network Using Ratings.” The company’s patent is ineligible for protection because it does not show any cognizable technological improvement or method that goes beyond what a human can do, which makes it an abstract idea.
Court: USDC Central District of California, Judge: Scarsi, Filed On: August 23, 2023, Case #: 2:23cv2252, NOS: Patent - Property Rights, Categories: Patent
J. Scarsi grants an employer's motion to dismiss a former employee's allegations of wage and hour violations. The employee has not offered any specific factual details about the hours she worked, the amount of wages she's owed, has not alleged a specific workweek when she was denied a meal or rest break, has not stated the date of her termination or the amount of the wages she expected.
Court: USDC Central District of California, Judge: Scarsi, Filed On: August 14, 2023, Case #: 2:23cv2802, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action
J. Scarsi issues sanctions in the form of dismissal of the former senior vice president's wrongful termination complaint. Because the former senior vice president also worked as counsel for the employer, he was required to identify an exception to the lawyer-client privilege in order to proceed with his wrongful termination claim. The former senior vice president falsely stated in court documents that he was not the company's in-house counsel and that his lawyer role was limited to patent matters. He knew these statements were false and repeated them numerous times throughout the litigation, which warrants terminating sanctions.
Court: USDC Central District of California, Judge: Scarsi, Filed On: July 11, 2023, Case #: 2:22cv5325, NOS: Other Contract - Contract, Categories: Employment, Sanctions, Contract
J. Scarsi finds in favor of the nonprofit public benefit corporation for its contract counterclaim alleging that the business owners did not keep thousands of its patients’ private medical records confidential in 2012, and alleging that in 2021 the business owners registered a website with “access to thousands of current and past Kaiser Permanente members and patients” that displayed the nonprofit public benefit corporation’s marks. The nonprofit corporation is entitled to damages because the business owners refused to delete at least one patient's data despite their request to do so, and the nonprofit corporation’s efforts to complete this request cost several thousand dollars.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 31, 2023, Case #: 5:22cv278, NOS: Trademark - Property Rights, Categories: Trademark, Damages, Contract
J. Scarsi finds in favor of the Secretary of the U.S. Department of Transportation Pete Buttigieg for the Marine veteran’s retaliation claim, which alleges that the manager of the Santa Ana Systems Support Center terminated his probationary period because she allegedly did not understand that the veteran had to fly business class for a work trip because of an unforeseen complication. Buttigieg and the manager provide multiple pieces of evidence that the termination was justified because the veteran violated FAA rules and regulations multiple times, including returning from training in Oklahoma City via business class instead of economy class, not being forthcoming with the manager during the subsequent meeting, and performing unauthorized maintenance on the Santa Ana and Fullerton RTDS and the Fullerton airport Voice Recorder System.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 26, 2023, Case #: 8:19cv875, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Government, Employment Retaliation
J. Scarsi denies an insurance company's motion to dismiss for lack of jurisdiction an insured's breach of contract and fraud claims after her monthly premiums for her mortgage disability policy increased. The insured alleges that by paying the improperly increased premiums, she paid her policy in full by 2018. The insurer informed the insured that it had cancelled her policy retroactively as of 2011. The parties are completely diverse, the insurer has not established that the jurisdictional threshold has been satisfied and have not shown that the amount in controversy likely exceeds $75,000.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 24, 2023, Case #: 2:23cv1413, NOS: Insurance - Contract, Categories: Fraud, Insurance, Contract