Judge Gilliam grants in part and denies in part WSP USA Group Insurance Plan’s motion to dismiss transgender plan member Andi Cox’s ERISA challenge to denial of facial gender-affirming surgery, holding her central claims survive while granting WSP’s motions to seal and to incorporate exhibits.
Magistrate Judge DeMarchi denies Owner.com’s motion to dismiss ChowNow’s Lanham Act and California state-law claims for lack of standing and lets most of the substantive claims proceed in this competitor false-advertising and trademark dispute among restaurant-technology platforms.
Magistrate Judge Lee denies plaintiff John Thornhill’s motion to remand his California wage-and-hour class action against McLane Foodservice, Inc., finding that McLane has met its burden to show more than $5 million is at stake under the Class Action Fairness Act.
First District affirms judgment for the City and County of San Francisco in a FEHA age-discrimination challenge to the City’s two-formula disability-retirement scheme, finding the City’s pension structure did not violate FEHA.
Second District denies Microsoft’s writ petition challenging a court-issued nondisclosure order that barred Microsoft from notifying its enterprise customer, USC, that the LAPD had served a search warrant on a USC graduate student’s email account.
Third District affirms denial of Vallejo’s CEQA writ challenge to American Canyon’s certification of an EIR for a 2.6-million-square-foot warehouse complex, holding the EIR’s water-supply analysis adequately addressed reasonably foreseeable demand under CEQA and the Water Code.
Fourth District grants writ relief, holding that a curative class-action notice informing putative class members they may revoke individual settlement agreements must also tell them California rescission statutes require return of the settlement payment.
The court granted habeas relief and ordered immediate release of a Cuban national who had been paroled into the United States and then re-detained at a master calendar hearing without the written notice of parole termination required by 8 C.F.R. § 212.5(e)(5) or any opportunity to be heard.
The court dismissed a pro se tenant’s Fair Housing Act sex-discrimination and § 1985 civil-rights conspiracy claims against the owners and managers of her San Diego apartment building, finding her allegations of gender-based animus conclusory and contradicted by her own pleading.
Judge Breyer enters a third federal pre-filing order against pro se serial litigant Kuang-Bao Paul Ou-Young, requiring him to obtain advance leave of court before filing further in propria persona suits against the U.S. District Court Clerk of Court Mark Busby or any employee of the U.S. Attorney’s