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Litigation

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

McElroy v. Pernod Ricard — S.D. Cal. Lets Failure-to-Warn Claim Survive in Sparkling-Wine Bottle Injury Case but Dismisses Design-Defect and Negligence Claims

In a personal-injury suit by a consumer who lacerated her hand when a Mumm Napa Valley sparkling wine bottle exploded after she used a corkscrew to remove a stuck cork, the court granted summary judgment on the design-defect and negligent-storage claims but allowed the failure-to-warn claims to proc

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

Duardo v. City of San Diego — S.D. Cal. Conditionally Certifies FLSA Collective Action by Firefighter-Paramedics

The court conditionally certified a federal Fair Labor Standards Act collective action by City of San Diego firefighters who claim the City miscalculated their overtime by leaving a $500 paramedic-certification bonus out of their regular rate of pay, and approved a joint notification plan with adjus

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

Steele v. Assurance IQ — S.D. Cal. Stays Wage-and-Hour Class Action Pending Settlement of Earlier-Filed State Court Case

The court issued a limited stay of a federal misclassification class action against Assurance IQ and Prudential pending a preliminary settlement approval ruling in an earlier-filed and substantially similar state-court class action whose proposed class includes the federal plaintiff.

U.S. District Court — Southern District of California
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Lovejoy v. Transdev Services — S.D. Cal. Decertifies Bus Driver Class and Stays Action in Light of Overlapping Earlier-Filed State-Court Cases

After previously certifying a class of California bus driver/operator employees of Transdev for wage-and-hour claims, the court reversed course and decertified the class in light of multiple overlapping earlier-filed state-court class actions, then stayed the case to allow those proceedings to advan

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

Anthony v. Hubbard — S.D. Cal. Dismisses §1983 Suit Against Court of Appeal Clerk on Quasi-Judicial Immunity Grounds

The court dismissed without leave to amend a §1983 suit against a senior deputy clerk of the California Court of Appeal who allegedly refused filings, yelled, and issued unauthorized orders, ruling that quasi-judicial immunity bars damages claims and that §1983 itself bars injunctive relief against

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

San Diego University for Integrative Studies v. Westerlund — S.D. Cal. Denies Motion to Expand the Administrative Record in Foreign-Student Certification Dispute

In an APA challenge to ICE’s withdrawal of the school’s certification to enroll foreign students, the magistrate judge refused to compel the agency to add documents to the administrative record or to allow a deposition of the deciding official, ruling that the school’s claims of mi

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

Hammerlord v. Collins — S.D. Cal. Dismisses Veteran’s Suit Against VA Doctors on §1983 Due-Process, ADA, and Elder-Abuse Theories

On the second screening of an 80-year-old veteran’s pro se complaint against VA officials and his primary-care doctor, the court dismissed his amended due-process, civil-rights conspiracy, federal elder-abuse, and Older Americans Act claims with prejudice and granted limited leave to amend onl

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

Vickery v. SD Bullion — S.D. Cal. Trims Consumer Class Action Over ‘Lowest Price. Period.’ Gold-Coin Advertising

In a putative class action alleging that SD Bullion’s ‘The Lowest Price. Period.’ advertising for precious-metal coins was false because competitors charged less, the court trimmed several theories at the motion-to-dismiss stage but allowed the consumer’s core false-advertisi

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

Sundahl v. Comerica Bank — S.D. Cal. Dismisses Elder Abuse and Electronic Funds Transfer Act Claims Over $6,815 Direct Express Card Fraud

The court dismissed financial-elder-abuse and Electronic Funds Transfer Act claims by a Social Security beneficiary against Comerica Bank and the operator of the Direct Express debit-card program after $6,815 in fraudulent transactions, ruling that the complaint did not allege the bank had actual kn

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

Saitta v. Greystar Real Estate Partners — S.D. Cal. Dismisses Tenant’s FHA and Civil-Rights Conspiracy Claims Against Apartment Owners

The court dismissed a pro se tenant’s Fair Housing Act sex-discrimination and § 1985 civil-rights conspiracy claims against the owners and managers of her San Diego apartment building, finding her allegations of gender-based animus conclusory and contradicted by her own pleading.

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

Peachtree Orthopaedic Clinic v. Deep Seas — S.D. Cal. Trims Cybersecurity Vendor’s Counterclaim, Dismissing Fraud-in-Inducement Theory Under Economic Loss Rule

In a breach-of-contract dispute over a $160,000 fee demand following a cybersecurity vendor’s alleged failure to detect a 2023 data breach at a Georgia orthopedic clinic, the court dismissed the vendor’s counterclaim theories for fraud in the inducement, breach of the implied covenant of

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

Stein v. City of San Diego — S.D. Cal. Dismisses Monell Claims Over Alleged SDPD Wrongful Arrest and False Police Report

The court dismissed three Monell municipal-liability claims against the City of San Diego based on a 2022 wrongful-arrest incident at Mission Beach, ruling that allegations of unrelated SDPD incidents did not establish a longstanding custom, that the failure-to-train theory required a pattern of sim

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

Leon Rodriguez v. Garfield Beach CVS — S.D. Cal. Compels Arbitration in Employee Termination Case Despite Disputed E-Signature

The court compelled arbitration of a former CVS employee’s discrimination, harassment, retaliation, and wage claims, ruling that CVS met its burden of authenticating her electronic signature on a 2017 arbitration agreement and that her bare assertion that her supervisor logged in and signed fo

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

Kachele v. El-Maasri — S.D. Cal. Denies TRO in Commercial Landlord-Tenant Dispute on §1983 and ADA Threshold Grounds

The court denied a self-represented dentist’s emergency motion to block his landlord from terminating a 21-year tenancy and pursuing state unlawful-detainer proceedings, finding that his § 1983 and ADA claims could not satisfy the most-important Winter factor — likelihood of success on the mer

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

Tan v. Quick Box — S.D. Cal. Magistrate Finds Konnektive Not Liable on Aiding-and-Abetting CLRA Claims After Bench Trial

After a bench trial in a consumer class action against an online skincare seller, the magistrate judge concluded that the seller’s customer-management software vendor was not liable on aiding-and-abetting or conspiracy theories under California’s Consumer Legal Remedies Act because the p

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

Yolanda V. v. Bisignano — S.D. Cal. Approves $37,920 Social Security Attorney Fee Award at $1,700-Per-Hour Effective Rate

After remand led to an award of $247,681 in past-due Social Security benefits over eight years, the magistrate judge approved $37,920 in attorney’s fees representing 15.3% of the past-due benefits, finding the resulting $1,700-per-hour effective rate reasonable in light of counsel’s risk

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