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Litigation

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Perez v. Arroyo Building Materials — C.D. Cal. Issues OSC on Supplemental Jurisdiction Over Unruh Act Claim by High-Frequency ADA Litigant

Judge Fernando Aenlle-Rocha ordered serial ADA plaintiff German Perez to show cause why the court should not decline supplemental jurisdiction over his Unruh Act claim under Schutza v. Cuddeback, requiring a declaration on his high-frequency-litigant status under Cal. Code Civ. Proc. § 425.55.

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Shawn Michael H. v. Bisignano — C.D. Cal. Reverses Social Security Denial Where Vocational Expert Failed to Resolve DOT Conflict on Walking and Standing

Magistrate Judge Karen E. Scott reversed a Social Security denial because the vocational expert failed to explain how the claimant — who could not walk or stand for six hours — could perform the ‘light work’ alternative jobs identified, where the DOT’s definition of light work pote

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Gifford v. General Motors LLC — C.D. Cal. Denies Remand of GMC Sierra 2500 Lemon-Law Suit Where Mileage Offset Erodes Damages but Civil Penalties and Repair History Save Federal Jurisdiction

Magistrate Judge Pedro V. Castillo denied remand of a 2019 GMC Sierra 2500 lemon-law case, holding documented actual damages of $41,341 plus civil penalties (twice actual damages, supported by nine unsuccessful repair attempts) brought the amount in controversy to roughly $124,023 — well over the $7

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Riley’s American Heritage Farms v. Claremont Unified School District — C.D. Cal. Enters Judgment for School District After Bench Trial on First Amendment Retaliation Field-Trip Claims

After two Ninth Circuit reversals, Judge Jesus G. Bernal entered judgment for Claremont Unified School District following a bench trial in this First Amendment retaliation case, finding the cancelled and reduced field trips to Riley’s Farm reflected parental consent withdrawals (mandated by Ca

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Real v. Amazon Retail LLC — C.D. Cal. Sua Sponte Remands Wrongful-Termination Suit, Refusing to Credit Speculative Damages and Reiterating Federalism Critique

Judge David O. Carter sua sponte remanded an Amazon employee’s wrongful-termination suit, refusing to credit speculative emotional-distress, punitive, and attorneys’ fees damages — leaving roughly $71,780 in calculated wages and vacation, just under the $75,000 threshold. He again called

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Graham v. DuPont De Nemours, Inc. — C.D. Cal. Dismisses Duplicative Mining-Royalty Suit and Sanctions Plaintiffs for Bad-Faith Ex Parte Practice

Judge Fernando Aenlle-Rocha dismissed pro se plaintiffs’ fifth duplicative lawsuit alleging a $22 billion mining-royalty price-fixing conspiracy, granted defendants’ motion for § 1927 sanctions for bad-faith ex parte filings (despite two prior warnings), and ordered plaintiffs to show ca

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Velazquez-Ortega v. General Motors LLC — C.D. Cal. Denies Lemon-Law Remand Where GM Documented Damages and Plaintiff Specifically Alleged Willfulness

Judge Sunshine Sykes denied remand of a Chevrolet Silverado lemon-law case where GM documented $67,065.58 in actual damages and plaintiff specifically alleged willfulness based on eight unsuccessful repair attempts, allowing civil penalties to push the amount in controversy to about $128,833 — well

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Angulo Santillano v. Wayfair LLC — C.D. Cal. Denies Remand of Wrongful-Termination Suit, Counting Punitive and Emotional-Distress Damages at 1:1 Ratios

Judge Sunshine Sykes denied remand of a Wayfair wrongful-termination suit, counting $32,302 in past lost wages plus 1:1 ratios for emotional-distress and punitive damages to reach roughly $96,908 — well above the $75,000 diversity threshold. Plaintiff’s mitigation argument was rejected because

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