Civil Procedure Cases
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Civil Procedure

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

Caballero v. Nissan — C.D. Cal. Keeps Used Rogue MMWA Suit in Federal Court Using Song-Beverly Damages Calculation

Central District of California denies remand of an MMWA suit over a used 2023 Nissan Rogue, holding that the federal warranty statute’s $50,000 amount in controversy is satisfied through Song-Beverly damages, civil penalties, and attorney’s fees calculations.

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

Kyoko M.H. v. Bisignano — C.D. Cal. Affirms SSI Denial, Holding Step-Two and Symptom-Testimony Errors Were Harmless

Central District of California affirms denial of supplemental security income, holding that any step-two error in failing to find a claimant’s foot impairments and obesity “severe” was harmless because the ALJ proceeded through the remaining steps and considered those conditions in the residual func

U.S. District Court — Central District of California
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Randy E. v. Bisignano — C.D. Cal. Reverses Disability Denial, Finding ALJ Failed to Adequately Explain Rejection of Consultative Examiner

Central District of California reverses denial of disability insurance benefits, holding that the ALJ failed to provide substantial-evidence support for rejecting a consultative examiner’s opinion that limited the claimant to two hours of standing and walking, and that the ALJ’s alternative reasons

U.S. District Court — Central District of California
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Lindsey C.F. v. Bisignano — C.D. Cal. Affirms Disability Denial, Citing Caregiving Work, Treatment Gaps, and Active Daily Life

Central District of California affirms denial of Social Security benefits, holding that the ALJ permissibly discounted the claimant’s symptom testimony based on her paid 73-hour-per-month caregiving work, gaps in pursuit of treatment, and active daily activities including walking, gardening, and rol

3rd District Court of Appeal
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Randolph v. Trustees of California State University — Failure to Object to a Trial Date Past the Five-Year Deadline Is Not an Oral Stipulation to Extend

Third District affirms mandatory dismissal under Code of Civil Procedure section 583.310, holding that a defendant’s failure to object when a trial date is set beyond the five-year (plus emergency-rule six-month) deadline does not amount to an oral stipulation to extend the deadline.

U.S. District Court — Southern District of California
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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 — Central District of California
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Suarez v. Nissan — C.D. Cal. Remands Lemon-Law Case as Untimely, Holding Vehicle Price Plus Statutory Penalty Triggered 30-Day Clock at the Complaint

Central District of California remands a Song-Beverly lemon-law suit as untimely removed, holding that a complaint pleading the vehicle’s purchase price and a demand for a civil penalty equal to twice actual damages plainly shows over $75,000 in controversy and starts the 30-day clock at service.

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

Ortiz v. General Motors — C.D. Cal. Remands Lemon-Law Case as Untimely After Plaintiff’s Initial Disclosures Made Removability Clear

Central District of California remands a Chevrolet Silverado lemon-law suit as untimely removed, holding that the plaintiff’s initial disclosures — including the sales contract and repair orders — were an “other paper” that started the 30-day clock long before the manufacturer removed.

U.S. District Court — Southern District of California
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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 — 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 — Central District of California
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Harber v. FCA US — C.D. Cal. Tosses RAM 1500 Lemon-Law Suit on Statute of Limitations and Vague Concealment Claim

Central District of California dismisses every claim in a lemon-law suit over an EGR-cooler defect, holding the Song-Beverly claims are barred by the four-year UCC statute of limitations and that the fraudulent-concealment claim fails Rule 9(b)’s heightened particularity requirement.

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 — Central District of California
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Nelson v. Textron — C.D. Cal. Holds Worker’s Tort Claims Against Equipment Maker Are Removable Despite Workers’-Comp Bar

Central District of California holds that a ramp agent’s product-liability and negligence claims against airport equipment companies do not “arise under” California workers’ compensation law and may be removed to federal court despite Section 1445(c).

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

Montes-Mendoza v. General Motors — C.D. Cal. Keeps Silverado Lemon-Law Case in Federal Court Using Civil Penalties to Meet Threshold

Central District of California denies remand of a Chevrolet Silverado lemon-law case, holding that civil penalties for an alleged willful Song-Beverly violation count toward the federal amount-in-controversy requirement and that the manufacturer need not prove willfulness to invoke that calculation.

U.S. District Court — Southern District of California
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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 — Central District of California
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Powell v. Mercedes-Benz USA — C.D. Cal. Sua Sponte Remands Lemon-Law Suit Where Defendant’s Damages and Civil Penalty Estimates Were Speculative

Judge Anne Hwang sua sponte remanded a Mercedes-Benz lemon-law case after finding the defendant’s actual-damages calculation ignored the new January 2025 statutory offsets under Cal. Civ. Code § 871.27 and the conclusory willfulness allegation could not support adding $124,012 in civil penalti

U.S. District Court — Central District of California
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Holmes v. General Motors — C.D. Cal. Keeps Lemon-Law Suit in Federal Court, Holding Civil Cover Sheet Did Not Trigger Removal Clock

Central District of California denies remand of a Song-Beverly lemon-law case, holding that a state-court civil case cover sheet checking a damages box is not an “initial pleading” or “other paper” that starts the 30-day removal clock.

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 — Central District of California
Uncategorized

Austin v. Flowers Bakeries Sales — C.D. Cal. Sends Wage Class Action Back to State Court Over Speculative Attorney-Fee Estimate

Central District of California remands a putative wage-and-hour class action, holding that an employer’s speculative estimate of the named plaintiff’s attorneys’ fees cannot satisfy the $75,000 federal amount-in-controversy requirement.

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