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
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
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
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
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
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
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.
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
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
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