Civil Procedure Cases
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Civil Procedure

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S.R.I. v. Christopher J. LaRose, Warden, Otay Mesa Detention Center, et al. — Habeas petition granted in part because ICE’s age determination did not comply with the TVPRA, requiring transfer to ORR custody

The Southern District of California granted an Ethiopian petitioner’s habeas petition in part, finding that ICE’s written age determination failed to evaluate the evidence as required by the TVPRA and ORR procedures, and ordered his transfer to ORR custody without deciding his actual age

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Donald Ray Dison, Jr. v. California Department of Corrections and Rehabilitation — District court adopts findings and recommendations and dismisses civil-rights action with prejudice

The Eastern District of California adopted the magistrate judge’s findings and recommendations in full and dismissed Donald Ray Dison Jr.’s civil-rights action with prejudice for failure to state a claim, failure to comply with the court’s order, and failure to prosecute.

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United African-Asian Abilities Club et al. v. Parthenia Terrace 02 et al. — Court Orders Plaintiffs to Show Cause Why Unruh Act Claim Should Not Be Dismissed Without Prejudice Under § 1367(c)(4)

A federal district court in California ordered disability-rights plaintiffs to show cause within 14 days why their state-law Unruh Act claim should not be dismissed without prejudice, citing Ninth Circuit guidance that federal courts should decline supplemental jurisdiction over such claims at an ea

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Scott Robert Moore v. Hon. Amy C. Yerkey, et al. — District Court Accepts Magistrate Report in Part, Grants Anti-SLAPP Motion as to Retaliatory Eviction Claim Only

The district court accepted a magistrate judge’s report in part, granting the defendant’s anti-SLAPP motion to strike only the retaliatory eviction claim because it was barred by claim preclusion arising from a prior unlawful detainer judgment, while rejecting objections to the remaining

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Ashlyn Petit v. City of Los Angeles et al. — Court Awards $2.17 Million in Attorneys’ Fees After $3 Million Civil Rights Verdict

Following a $3 million jury verdict against two Los Angeles police officers for civil rights violations, the court awarded the plaintiff’s attorneys $2,166,670 in fees under 42 U.S.C. § 1988, finding the requested hourly rates largely reasonable and rejecting arguments that the fees should be

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United African-Asian Abilities Club et al. v. DCMF-I 16 Cornerstone, LLC — Court Orders Plaintiffs to Show Cause Why Unruh Act Claim Should Not Be Dismissed Under Supplemental Jurisdiction Doctrine

The district court ordered plaintiffs to show cause why their Unruh Act claim should not be dismissed without prejudice, stating that the case appears to be one in which exceptional circumstances under 28 U.S.C. § 1367(c)(4) justify declining supplemental jurisdiction over the state-law claim in an

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James H. Lundberg v. CStown Cultural and Creative Dalian Co., Ltd. et al — Court denies preliminary injunction because Lundberg did not show likely consumer confusion or imminent irreparable harm

The Central District of California denied James H. Lundberg’s request to preliminarily bar CSTown from using its mark, finding insufficient similarity and actual confusion to establish likely success, and concluding that delay and speculative sales losses defeated his claim of imminent irrepar

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Marco Ruiz v. 24Hm California, Inc., et al. — Court orders plaintiff to show cause why it should not decline supplemental jurisdiction over state-law disability-access claims

Chief Judge Dolly M. Gee ordered Marco Ruiz to show cause why the Central District of California should not decline to exercise supplemental jurisdiction over his Unruh Act, California Disabled Persons Act, and negligence claims, citing California’s heightened pleading rules and comity concern

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