12 results for 'judge:"Schopler"'.
J. Schopler partially dismisses Proposition 65 related claims against the candy manufacturer concerning the amount of lead and cadmium in its chocolate products that are sold without warning labels. The consumer did not give the prelitigation notice required for lawsuits related to Proposition 65. Although she attempts to argue otherwise, most of the consumer’s claims target the chemicals and conduct that Proposition 65 seeks to regulate, as well as the harms the law seeks to prevent.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 31, 2024, Case #: 3:23cv55, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Schopler partly grants the homeowners' motion for summary judgment on their claims of failure to defend and indemnification against the insurer for a renovation company that damaged the homeowners' duplex during a remodel. The homeowners sufficiently show that their duplex is in fact a two-unit apartment and damage caused to apartments is covered under the insurance company's policy with the renovation company.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 25, 2024, Case #: 3:22cv1221, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Schopler dismisses a group of community college employees' claims that the college's now-repealed Covid-19 vaccine mandates violated their civil rights. The college's vaccine requirement was rescinded due to the pandemic's changing landscape, not due to litigation, so the employees' claims for declaratory and injunctive relief are dismissed. Also, most of the employees did not receive a "right to sue letter" for their Title VII claims and the employee who did receive such a letter failed to state what religious beliefs he held that were violated by the vaccine mandate.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 15, 2024, Case #: 3:23cv1220, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Covid-19
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J. Schopler dismisses a corporate fraud complaint brought by two business owners who say that the subsidiary with which they contracted has failed to pay them money owed and has participated in a scheme with its parent company to hide the money necessary to pay them. The two business owners fail to plead each defendant's role in the alleged fraudulent scheme, the assets that were transferred between subsidiary and the parent company, and the timing of these alleged fraudulent activities.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 8, 2024, Case #: 3:23cv158, NOS: Other Fraud - Torts - Personal Property, Categories: Corporations, Fraud, Jurisdiction
J. Schopler finds in partial favor of a billing service concerning contract claims brought by a medevac provider that says it is owed $1.7 million for unpaid medical-evacuation flights. The parties agree that the medevac provider was not entitled to any payment for a medevac flight until the billing service collected some revenue for it. Because there is no evidence of collected payments for 98 of the 174 flights at issue, the service is entitled to summary judgment as to these flights.
Court: USDC Southern District of California, Judge: Schopler, Filed On: January 22, 2024, Case #: 3:20cv2044, NOS: Other Contract - Contract, Categories: Contract
J. Schopler finds in favor of a deodorant manufacturer in a class action accusing it of engaging in "nonfunctional slack fill" in order to dupe consumers. The products at issue are labeled with their actual net weight, which can be used for value comparisons to other products, and appear to be the same height or shorter than other products on the shelf. The consumers fail to show that the general consuming public would be misled as to the amount of deodorant they are purchasing.
Court: USDC Southern District of California, Judge: Schopler, Filed On: September 30, 2023, Case #: 3:20cv1672, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Unfair Competition, Consumer Law