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Litigation

U.S. District Court — Northern District of California
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Alexander Group v. Comerica Bank — N.D. Cal. enforces commercial loan acceleration over coterminous and financial-reporting defaults

Judge Orrick grants summary judgment for Comerica Bank on its acceleration of a $5.9 million commercial real estate loan to Alexander Group, LLC, holding that the loan documents are unambiguous and that Alexander Group triggered acceleration by missing payments and failing to provide required corpor

U.S. District Court — Northern District of California
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Koltys v. Bisignano — N.D. Cal. transfers SSA ALJ’s disability-accommodation suit to Central District

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

1st District Court of Appeal, Division Three
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In re Fuel Industry Climate Cases — California Has Specific Personal Jurisdiction Over Out-of-State Oil Company in Climate-Damages Suit

First District holds California courts may exercise specific personal jurisdiction over Citgo Petroleum in coordinated climate-damages litigation brought by California cities and counties, based on Citgo’s longstanding gasoline supply contracts with California retailers.

4th District Court of Appeal, Division One
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American Medical Response of Inland Empire v. County of San Bernardino — County Had Discretion to Pick a Different EMS Bidder Even When AMR Scored Highest

Fourth District reverses a preliminary injunction that had blocked San Bernardino County from awarding its exclusive EMS contract to a fire-services bidder over incumbent AMR, holding the County retained discretion to weigh proposals and was not required to advance only the highest-scoring bid.

U.S. District Court — Southern District of California
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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 — Eastern District of California
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Sierra Railroad v. Comcast Cable Communications — E.D. Cal. Dismisses Stale Contract Claims, Rejects Equitable Estoppel and Continuous Accrual

Eastern District of California dismisses Sierra Railroad’s contract and declaratory relief claims against Comcast as time-barred under California’s four-year statute of limitations, holding that promises to ‘try’ to resolve a dispute and a continuing failure to pay do not tol

U.S. District Court — Eastern District of California
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Snow v. ConAgra Brands — E.D. Cal. Grants Summary Judgment Where FEHA Administrative Complaint Lacked Factual Detail

Eastern District of California grants summary judgment for ConAgra in a long-running employment discrimination case, holding that a Civil Rights Department complaint with only conclusory check-box allegations does not exhaust administrative remedies under California’s Fair Employment and Housi

U.S. District Court — Eastern District of California
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Vue v. Bisignano — E.D. Cal. Vacates SSI Denial, Holds ALJ Failed to Properly Evaluate Treating Physician Opinions

Eastern District of California vacates a Supplemental Security Income denial and remands for further administrative proceedings, holding that the Social Security Administration’s administrative law judge failed to adequately evaluate the supportability of a treating physician’s opinions

U.S. District Court — Northern District of California
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Food & Water Watch v. EPA — N.D. Cal. awards $5.76M in fees and costs after fluoride TSCA win

Judge Chen awards Food & Water Watch and its co-plaintiffs $5,263,705 in attorneys’ fees and $496,745 in costs after their landmark Toxic Substances Control Act trial verdict on water-fluoridation risks against EPA, applying San Francisco complex-litigation lodestar rates and a 1.3x multiplier

U.S. District Court — Central District of California
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Hanna v. Youngquist — C.D. Cal. Dismisses Section 1983 Suit Against Court Reporter Over Family-Law Transcripts With Prejudice

Judge Fernando Aenlle-Rocha dismissed with prejudice a § 1983 suit against a Los Angeles court reporter who allegedly delayed producing family-law transcripts, holding that plaintiff could not show actual prejudice because his underlying state-court cases were barred by the California litigation pri

U.S. District Court — Central District of California
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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 — Northern District of California
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Belton v. Alameda County Sheriff’s Department — N.D. Cal. grants summary judgment for jail on detainee medical-care and legal-mail claims

Judge Donato grants summary judgment for Alameda County and jail medical staff in a pretrial detainee’s § 1983 case alleging denial of pain medication (Gabapentin) and interference with legal mail, holding that providing Cymbalta and a documented treatment course met the objective deliberate-indiffe

U.S. District Court — Central District of California
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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 — Northern District of California
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Oswald v. MV Transportation — N.D. Cal. throws out bus driver’s wage-and-hour class action under LMRA preemption

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

U.S. District Court — Northern District of California
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Oswald v. MV Transportation (PAGA) — N.D. Cal. dismisses companion PAGA action under LMRA preemption

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.

U.S. District Court — Northern District of California
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Eccarius v. United States — N.D. Cal. dismisses NLRB grievance constitutional suit with prejudice

Judge Breyer dismisses with prejudice a pro se plaintiff’s second-round constitutional suit attacking the NLRB’s denial of a 2021 labor grievance, holding that there is no waiver of sovereign immunity, no private right of action under the Tenth Amendment, and no Bivens remedy in this novel context.

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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Maria T. L. v. Bisignano — C.D. Cal. Reverses Social Security Disability Denial for Failure to Give Clear and Convincing Reasons to Discount Symptom Testimony

Magistrate Judge Autumn Spaeth reversed a Social Security disability denial because the ALJ summarized medical evidence without identifying which testimony she found not credible or explaining what evidence contradicted that testimony, failing the clear-and-convincing standard required by Brown-Hunt

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 — Northern District of California
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In re PG&E Corporation — N.D. Cal. denies interlocutory appeal of bankruptcy ruling that PSLRA discovery stay does not apply

Judge Gilliam declines interlocutory review of a Bankruptcy Court ruling that the PSLRA’s automatic discovery stay does not shield non-party Directors and Underwriters from third-party subpoenas served by claimants in the PG&E bankruptcy, even though the Directors and Underwriters are also defe

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.

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