Civil Procedure Cases
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Civil Procedure

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

Pratt v. Bonafide Provisions — S.D. Cal. Tosses CAFA Class Action for Lack of Subject-Matter Jurisdiction

The court dismissed a putative class action filed under the Class Action Fairness Act on its own initiative, ruling that minimal diversity was missing because both the named plaintiff and the defendant were California citizens, and the complaint’s bare conclusion that more than $5 million was

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

Limpin v. Ascendiun — S.D. Cal. Remands Case to State Court Because Defendant’s Removal Was Filed Three Weeks Late

After the defendant’s counsel ultimately confirmed that the company had received the complaint on August 1, 2025, the court ruled the September 25, 2025 notice of removal was filed weeks past the 30-day deadline and remanded the case to state court, declining to award sanctions because there w

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

Stanz v. Brown — S.D. Cal. Magistrate Recommends Civil Contempt and Coercive Per-Diem Fine for Defendants’ Failure to Pay $11,400 Fee Award

After defendants ignored a court order to pay an $11,400 attorney-fee award, the magistrate judge certified facts to the district judge supporting civil contempt and recommended a coercive per-diem fine, but recommended denying the plaintiff’s request for additional fees on the contempt motion

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

Ibarra Gamboa v. Garland — S.D. Cal. Dismisses Habeas Petition Filed by Detainee’s Partner Because Pro Se ‘Next Friend’ Cannot Sign for Petitioner

The court dismissed without prejudice an immigration habeas petition that had been signed by the detainee’s long-term partner as ‘next friend,’ ruling that even if the partner had a basis for next-friend standing under Whitmore v. Arkansas, she could not represent the detainee whil

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

Gu v. Jimenez — S.D. Cal. Dismisses Five-Sentence RICO and Due-Process Complaint at Section 1915 Screening Stage

After granting the plaintiff’s request to proceed without paying the filing fee, the court dismissed her five-sentence complaint alleging RICO and due-process violations against a single defendant for failure to state a plausible claim and noted serious doubts about whether venue was proper in

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

Keyes v. General Motors — S.D. Cal. Denies Remand of Lemon-Law Case Despite Plaintiffs’ Pre-Litigation Repair Records Argument

The court denied remand in a Song-Beverly Act/Magnuson-Moss Warranty Act lemon-law case against General Motors over a 2018 GMC Yukon, ruling that GM’s removal was timely because the federal MMWA claim alone did not affirmatively show the amount in controversy and pre-litigation repair records

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

Grimes v. Municipality of Oceanside — S.D. Cal. Bars Serial Pro Se Filer Under PLRA’s Three-Strikes Provision

The court denied a detainee plaintiff’s motion to proceed without paying the filing fee under the Prison Litigation Reform Act’s three-strikes rule and dismissed the complaint, citing more than 600 prior civil filings nationwide and dozens of prior dismissals for frivolousness or failure

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

Pitsick-Perez v. Southwest Airlines — S.D. Cal. Remands PAGA Action After Defendant Fails to Show $75,000 Amount in Controversy

The court remanded a Private Attorneys General Act case against Southwest Airlines to state court because the airline failed to plausibly show more than $75,000 was at stake when the plaintiff’s individual share of attorney’s fees and PAGA penalties were properly calculated.

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

United States ex rel. Everest Principals v. Abbott Labs — S.D. Cal. Lets Late Expert Report Stand in MitraClip False Claims Case

In a federal False Claims Act case alleging that Abbott Laboratories used illegal kickbacks disguised as physician education for its MitraClip heart device, the magistrate judge declined to strike the relator’s late-filed expert report on medical-education standards, finding that even though t

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

Blakely v. Elutia, Inc. — S.D. Cal. Denies Remand of Tuberculosis-Contaminated Bone Allograft Case Despite Plaintiff’s California-Citizenship Theory

In a personal-injury case alleging that a recalled bone allograft caused the plaintiff to test positive for tuberculosis, the court denied remand to state court, ruling that the LLC defendant the plaintiff identified as a California citizen was actually a wholly owned subsidiary of a Japanese corpor

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

Johnson v. San Diego Family Housing — S.D. Cal. Remands Tenant Case to State Court and Awards Attorney’s Fees for Improvident Removal

After a hearing, the federal court granted the plaintiffs’ motion to remand a wrongful-death case to state court and ordered the removing defendants to pay attorney’s fees, finding their removal lacked an objectively reasonable basis under the Ninth Circuit’s recent decision in Chi

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

Parker v. Unison Agreement Corp. — S.D. Cal. Remands Real-Property Case to State Court Under Forum-Defendant Rule

The court remanded a quiet-title and declaratory-relief action concerning San Diego real property to state court under the forum-defendant rule, ruling that the California-based defendants could not remove the case to federal court even though diversity existed and rejecting the defendants’ wa

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