Civil Procedure Cases
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Civil Procedure

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

Barrera Farret v. Ford Motor Co. — C.D. Cal. Remands Lemon-Law Suit, Rejecting Fraudulent-Joinder Attack on Dealership

Judge Stephen V. Wilson remanded a Ford lemon-law case back to state court, joining the consensus of California district courts that the economic loss rule and the California Supreme Court’s Rattagan v. Uber decision do not categorically bar negligent-repair claims against dealerships.

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

Franco v. Costco Wholesale Corp. — C.D. Cal. Denies Remand of Personal-Injury Case, Finding Plaintiff’s Service and Discovery Delays Were Bad Faith

Judge Michelle Williams Court denied remand of a personal-injury case against Costco that was removed more than one year after filing, finding plaintiff’s eight-month service delay and five-month discovery delay constituted bad faith under 28 U.S.C. § 1446(c)(1).

U.S. District Court — Central District of California
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Crossley v. Diaz Garcia — C.D. Cal. Issues OSC on Venue Transfer of Section 1983 Suit Over Kern Valley Prison Incident

Magistrate Judge Daniel S. Roberts ordered a pro se prisoner plaintiff to show cause why his § 1983 suit over a Kern Valley State Prison incident should not be transferred to the Eastern District of California, where the prison and all defendants are located.

U.S. District Court — Central District of California
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Reyes v. Federal Express Corp. — C.D. Cal. Remands Discrimination Suit, Rejects Worker’s Comp Preemption Theory of Fraudulent Joinder

Judge Sunshine Sykes remanded a FedEx age- and disability-discrimination suit, holding the in-state supervisor was not fraudulently joined: California law excepts discrimination and retaliation from Workers’ Comp Act preemption, and the supervisor’s alleged conduct could plausibly suppor

U.S. District Court — Central District of California
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Lewis v. General Motors LLC — C.D. Cal. Remands Lemon-Law Suit Where Defendant Cannot Show $50K Amount in Controversy Under Magnuson-Moss Act

Judge Stephen V. Wilson remanded a Chevrolet Colorado lemon-law case, holding GM could not show even the $50,000 Magnuson-Moss amount-in-controversy threshold because actual damages were measured by payments actually made ($37,410.95), the conclusory willfulness allegation did not support adding civ

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 — Central District of California
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Sanchez v. General Motors LLC — C.D. Cal. Remands Lemon-Law Suit on Volt Lease Where Mileage Offset Reduces Damages Below MMWA Threshold

Judge Stephen V. Wilson remanded a Chevrolet Volt lemon-law case after applying the Song-Beverly mileage offset (86,841 miles before first repair) to reduce damages from $42,682 to $11,794, leaving the case below both the $50,000 MMWA and $75,000 diversity thresholds.

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

Bendana v. County of Orange — C.D. Cal. Dismisses Section 1983 Suit Over State Family-Law Proceedings With Prejudice

Judge Sunshine Sykes dismissed with prejudice a pro se mother’s § 1983 suit against an Orange County family-court judge, prosecutors, and the County over child-custody proceedings, citing judicial and prosecutorial immunity, Younger abstention, Rooker-Feldman, Eleventh Amendment, and failure t

U.S. District Court — Central District of California
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CP6 Eastown LLC v. Noguera — C.D. Cal. Sua Sponte Remands Unlawful Detainer Removal as Lacking Federal Question Jurisdiction

Judge Cynthia Valenzuela sua sponte remanded an unlawful detainer case removed by the tenant on federal-question grounds, holding that unlawful detainer actions do not arise under federal law and federal defenses cannot support removal under Caterpillar v. Williams.

U.S. District Court — Central District of California
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Perez v. Texis Restaurants — C.D. Cal. Issues OSC on Declining Supplemental Jurisdiction Over Unruh Act Claim by High-Frequency ADA Litigant

Judge John A. Kronstadt ordered serial ADA plaintiff German Perez — who had filed more than ten construction-related accessibility cases in the prior year — to show cause why the court should not decline supplemental jurisdiction over his state-law Unruh Act claim, channeling it back to California s

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 — Southern District of California
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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

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

U.S. District Court — Central District of California
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Delomprey v. PHH Mortgage Servicing — C.D. Cal. Grants Remand to State Court After Plaintiff Drops Federal Claims

Judge Anne Hwang granted plaintiff’s motion to remand a foreclosure suit to Ventura County Superior Court after he amended his complaint to drop federal claims, rejecting the defendants’ fraudulent-joinder argument as not meeting the Ninth Circuit’s heavy burden under Grancare.

Cour de cassation (French Supreme Court for Civil and Commercial Matters), Commercial Chamber
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Cour de cassation, Chambre commerciale, 14 mai 2025 (n° 23-21.296) — Trademark Forfeiture for Non-Use Requires Court to Identify Autonomous Sub-Categories Within Registered Goods/Services

France’s Cour de cassation held that when assessing trademark forfeiture for non-use under Article L.714-5 CPI, courts must analyze whether the proven use covers an autonomous sub-category of goods or services narrower than the registered category — looking to the purpose or destination of the

Unified Patent Court, Court of First Instance — Local Division Düsseldorf
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UPC Local Division Düsseldorf — Sanofi & Regeneron v. Amgen (UPC_CFI_505/2024) — Framework for Infringement of Second Medical-Use Claims and Rejection of “Pleading Ignorance”

The UPC Düsseldorf Local Division articulated the substantive framework for second medical-use claim infringement: the alleged infringer must offer or place the medicinal product on the market in a way that leads or may lead to the claimed therapeutic use, with knowledge or constructive knowledge th

Court of Justice of the European Union, Grand Chamber
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BSH Hausgeräte v. Electrolux (C-339/22) — CJEU Grand Chamber Holds EU Member-State Courts Have Cross-Border Jurisdiction Over European Patent Infringement Outside Their Forum, Even When Validity Defenses Are Raised

The CJEU Grand Chamber held that Article 4(1) of Regulation 1215/2012 entitles a court of a defendant’s domicile member state to hear infringement claims regarding a European patent’s national parts validated in other member states (and even in non-EU states), notwithstanding invalidity

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