Judge Orrick grants summary judgment to individual Cemex defendants and partially to Cemex on after-acquired-evidence grounds related to undisclosed mental health issues on Mr. Sample’s DOT certification, while letting the harassment and hostile-work-environment claims against Cemex proceed.
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.
Judge Chen dismisses pregnancy and race discrimination claims against two individual UPS managers, Renee Rea and Omar Parra, holding the First Amended Complaint contains insufficient specific factual allegations to state claims against them while leaving the FEHA, Title VII, and IIED claims against
Magistrate Judge Beeler dismisses with prejudice the Title VII and ADEA claims of a 40-year-old Thai-American job applicant who repeatedly applied to Google for driver and management positions, holding he failed to exhaust administrative remedies, and dismisses his § 1981 discrimination claim with o
Magistrate Judge Beeler compels Alclear (the parent of the Clear airport-screening service) to arbitrate the California Labor Code claims of a former San Francisco International Airport ambassador, finding that the company’s Clear Hub electronic transcript proves she signed the arbitration agreement
Magistrate Judge Corley denies Macy’s motion to compel arbitration of a putative wage-and-hour class action by California warehouse fulfillment associates, holding that they are transportation workers exempt from the FAA under Ortiz v. Randstad Inhouse Services.
Chief Judge Seeborg dismisses without leave to amend a former BART electrician’s common-law wrongful-termination/constructive-discharge claim, holding that under Lopez v. Southern Cal. Rapid Transit District a California public entity cannot be sued in tort without an authorizing statute.
Judge Illston transfers a Social Security ALJ’s disability-accommodation suit against the SSA Commissioner to the Central District of California, where the plaintiff’s assigned hearing office is located, applying the federal-employee venue provisions of Title VII and the Rehabilitation Act and the c
Judge Martínez-Olguín dismisses a putative wage-and-hour class action by a public-transit bus driver, holding that his California Labor Code claims are preempted by Section 301 of the LMRA because the CBA between MV Transportation and Teamsters Local 315 triggers the statutory exemptions for unioniz
Judge Martínez-Olguín grants MV Transportation’s motion for judgment on the pleadings in the parallel PAGA action by the same WestCAT bus driver, holding that the Section 301 preemption analysis applies just the same to a PAGA representative action as it does to a class wage-and-hour suit.
Judge Martínez-Olguín denies a Tesla worker’s motion to revisit an order compelling arbitration of his harassment claims, holding that an old administrative right-to-sue notice was not “newly discovered evidence” and that recent out-of-circuit decisions on the federal sexual-harassment arbitration c
Judge Pitts denies in large part Santa Clara County’s motion to dismiss a hospital sterile-processing educator’s First Amendment and California whistleblower claims, but trims away time-barred individual defendants and a stale FEHA retaliation theory.