Civil Procedure Cases
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Civil Procedure

U.S. District Court — Northern District of California
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Psynergy Enterprise v. Capecci Arabian Training Center — N.D. Cal. dismisses dead-horse fraud suit against Italian defendants for lack of personal jurisdiction

Judge Lin dismisses Psynergy Enterprise Developments LLC’s suit against Italian Arabian-horse training center Capecci Arabian Training Center and its principals for lack of personal jurisdiction, holding that the agreement at issue contains no forum-selection clause and the Italian defendants did no

U.S. District Court — Northern District of California
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Thornhill v. McLane Foodservice — N.D. Cal. denies remand of CAFA wage-and-hour class action, finds $5M+ in controversy

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.

U.S. District Court — Northern District of California
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Ou-Young v. Robbins — N.D. Cal. enters third pre-filing order against serial vexatious litigant who has filed 50+ frivolous cases

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

U.S. District Court — Northern District of California
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Weiler v. Delta Dental — N.D. Cal. remands website-tracking class action for lack of standing

Judge Gilliam remands a putative class action against Delta Dental of California to San Francisco Superior Court for lack of Article III standing, after Delta Dental removed the case based on the federal Electronic Communications Privacy Act and immediately moved to dismiss for lack of standing — a

U.S. District Court — Northern District of California
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Yan v. Vdovicenco — N.D. Cal. remands second improper removal of unlawful detainer suit, partially awards fees

Magistrate Judge Cisneros remands a foreclosure-following unlawful detainer action to Alameda County Superior Court for the second time and partially grants attorney’s fees against the pro se removing tenant, holding the Protecting Tenants at Foreclosure Act provides a federal defense, not federal-q

U.S. District Court — Northern District of California
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Blount v. Superior Court of Contra Costa — N.D. Cal. abstains from custody and vexatious-litigant intervention

Judge Breyer denies a pro se plaintiff’s preliminary injunction and dismisses her federal suit asking the Northern District to compel the Contra Costa Superior Court to hear her custody motions, suspend child support, and invalidate her vexatious-litigant designation, applying domestic-relations abs

U.S. District Court — Northern District of California
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Koeller v. Nixplay — N.D. Cal. denies remand of CLRA digital photo frame consumer suit, finds complete diversity despite shifting corporate citizenship allegations

Magistrate Judge DeMarchi denies remand of a putative class action by Nixplay digital-photo-frame customers, holding that complete diversity exists between the plaintiffs and Nixplay, Inc. (Delaware/U.K.) and Creedon Technologies USA, LLC (Hong Kong via its sole member), even though defendants’ init

U.S. District Court — Northern District of California
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Shah v. Hilton Worldwide — N.D. Cal. transfers tracking-pixel class action to Eastern District of Virginia under Honors Program forum clause

Judge Lin transfers a putative class action accusing Hilton of placing third-party tracking cookies on consumers’ devices despite their opt-outs to the Eastern District of Virginia, holding that the named plaintiffs’ Hilton Honors Program forum-selection clause requires venue there.

U.S. District Court — Northern District of California
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Chima v. City and County of San Francisco — N.D. Cal. dismisses second custody-conspiracy suit under domestic-relations abstention

Judge Breyer adopts a magistrate’s report and recommendation dismissing pro se plaintiff Chikodi Chima’s second federal lawsuit against 26 defendants — lawyers, social workers, police, financial institutions, and the City and County of San Francisco — arising from a state-court child custody dispute

U.S. District Court — Northern District of California
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Porter v. General Motors — N.D. Cal. denies remand in lemon-law case, finds amount in controversy easily met

Judge Lin denies remand in a Song-Beverly suit over a 2019 GMC Sierra, applying the majority Ninth Circuit rule that a vague lemon-law complaint without vehicle-value allegations does not start the 30-day removal clock and finding the amount in controversy easily exceeds $75,000 once the willful-vio

U.S. District Court — Northern District of California
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McGee v. Enfante — N.D. Cal. denies sealing, default, and Rule 60 relief, refuses vexatious-litigant order without hearing

Magistrate Judge Tse denies plaintiff Anthony McGee’s motions to seal “all juvenile court records,” for default judgment after the case was already dismissed on the merits, and for Rule 60 relief from judgment, while also denying defendants’ request for a vexatious-litigant pre-filing order on proce

U.S. District Court — Northern District of California
Uncategorized

Poole v. HealthRIGHT 360 — N.D. Cal. tosses survivor claim in sober-living overdose suit

Magistrate Judge Spero grants HealthRIGHT 360 judgment on the pleadings on the survivor claim brought by the daughter of a man who fatally overdosed in its San Francisco sober-living program, holding that California law forbids dressing up a wrongful-death claim as a survivor cause of action.

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