Fourth District grants writ relief, holding that a curative class-action notice informing putative class members they may revoke individual settlement agreements must also tell them California rescission statutes require return of the settlement payment.
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.
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
Central District of California denies remand of a misappropriation-of-likeness suit, holding that a plaintiff’s rejection of a $75,001 settlement offer is an “other paper” that started the 30-day removal clock and itself proved the amount in controversy.
Second District affirms an order compelling arbitration of an employee’s individual wage claims and dismissing her class claims, holding the parties’ arbitration agreement is governed by the Federal Arbitration Act because they expressly said so.
Eastern District of California affirms a disability denial where the administrative law judge erred by stating that the claimant never reported her need to lie down — the records did show such reports — but the error was harmless because the ALJ provided independent, valid reasons to discount the te
Eastern District of California denies the plaintiff’s motion to remand a wage-and-hour class action against Land O’Lakes and Kozy Shack Enterprises, holding the defendants’ updated expert calculations satisfy the $5 million amount-in-controversy threshold under the Class Action Fai
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
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
Judge Gilliam dismisses Divyang Ved’s derivative suit on behalf of Spain Fitness Ventures, LP for lack of subject matter jurisdiction, holding that the limited partnership is the real party in interest under Ross v. Bernhard and that its New Jersey citizenship — through Ved as a New Jersey limited p