9 results for 'judge:"Simmons"'.
J. Simmons grants PharmaCare Laboratories' motion to dismiss the consumers' false representation claims concerning its black elderberry products. PharmaCare Laboratories is an Australian company with its principal place of business in Austria. Its has provided evidence that the other defendant in the case, PharmaCare U.S., is responsible for manufacturing and selling the black elderberry products in California. Therefore, the court lacks jurisdiction over PharmaCare Laboratories.
Court: USDC Southern District of California, Judge: Simmons, Filed On: May 10, 2024, Case #: 3:23cv1318, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Jurisdiction
J. Simmons grants a digital bank's motion to compel arbitration against a borrower who claims the bank failed to protect her and other borrowers from cybercriminals. Although the borrower submitted her loan application through a portal hosted by Wisetack and agreed to Wisetack's terms of service, which included an arbitration clause, the borrower's claims against the online bank are "intimately founded in and intertwined with" the underlying contract. Therefore, the doctrine of equitable estoppel applies and the bank may enforce Wisetack's arbitration agreement as a non-signatory party.
Court: USDC Southern District of California, Judge: Simmons, Filed On: March 29, 2024, Case #: 3:23cv813, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Privacy, Contract
J. Simmons partly grants the consumers' motion for class certification concerning consumer protection and warranty claims against a supplement company and its "natural remedies" Sambucol product, which allegedly includes "unreported dietary" ingredients that may be illegal. While California and Missouri subclasses are certified, certification for the proposed nationwide classes is denied.
Court: USDC Southern District of California, Judge: Simmons, Filed On: March 29, 2024, Case #: 3:21cv137, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Warranty, Class Action
J. Simmons grants Tommy Bahama's motion to compel arbitration of the employee's putative class action alleging wage violations. Although the employee, who speaks very little English, was not given a Spanish version of the arbitration agreement, Tommy Bahama's Executive Chef communicated to her in Spanish the existence and meaning of the agreement.
Court: USDC Southern District of California, Judge: Simmons, Filed On: November 29, 2023, Case #: 3:22cv1881, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Labor
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J. Simmons dismisses beer company Soltura's trademark and trade dress complaint alleging that images and phrases used on competitor Cerveceria La Tropical's Tropi Crystal beer cans infringe on the design of Soltura's Palma beer cans. The Tropi Crystal beer was never sold or marketed in California and there is no evidence that consumer confusion occurred in California, so the venue is improper.
Court: USDC Southern District of California, Judge: Simmons, Filed On: October 20, 2023, Case #: 3:23cv1104, NOS: Trademark - Property Rights, Categories: Trademark, Venue
J. Simmons dismisses the public work employees' claims that the County of San Diego did not pay non-exempt employees all wages earned. The employees do not clearly allege that the county had a generalized policy of denying overtime requests while still requiring the work to be done. The employees' claim that the County failed to comply with the California Government Claims Act also fails because their actual complaint is devoid of any mention of compliance.
Court: USDC Southern District of California, Judge: Simmons, Filed On: August 30, 2023, Case #: 3:23cv445, NOS: Employment - Civil Rights, Categories: Employment, Labor