LOS ANGELES - A real estate investor lacks a causal connection between a lender's allegedly deceptive conduct in the neighborhood and the resulting decrease in his property values, a California appeals court held Sept. 26 in affirming dismissal of an unfair competition law (UCL) claim (Zeev Levavi v. Bank of America, N.A., et al., No. B234760, Calif. App., 2nd Dist.; 2012 Cal. App. Unpub. LEXIS 7070).
LOS ANGELES - A California appeals panel on Sept. 26 affirmed summary judgment for the defendant in medical malpractice action, agreeing that the plaintiffs failed to show that a doctor's negligence during surgery caused a man to suffer brain damage (Marvin Maron, et al. v. Allan Klass M.D., No. B234034, Calif. App., 2nd Dist.; 2012 Cal. App. Unpub. LEXIS 6999).
SAN FRANCISCO - Two nationwide classes of female employees in a gender discrimination action against club warehouse retail giant Costco Wholesale Corp. were certified by a California federal judge Sept. 25, a year after the Ninth Circuit U.S. Court of Appeals vacated the original class certification (Shirley "Rae" Ellis, et al., v. Costco Wholesale Corporation, No. 04-3341, N.D. Calif.; 2012 U.S. Dist. LEXIS 137418).
SAN JOSE, Calif. - A federal judge in California on Sept. 25 granted motions to dismiss a shareholder derivative complaint against directors and officers of Hewlett-Packard because the shareholders failed to prove that presuit demand upon the board would have been futile (In re HP Derivative Litigation, No. 10-cv-03608, C.D. Calif.; 2012 U.S. Dist. LEXIS 137640).
LOS ANGELES - After determining that the evidence showed that the purchasers of a home were aware of numerous defects before purchasing a property, including mold, a California appeals court on Sept. 25 reversed a decision denying the seller's request for judgment notwithstanding the verdict (JNOV) (David H. Pierce, et al. V. Fiorella Urbinati, No. B221711, Calif. App., 2nd Dist., Div. 3; 2012 Cal. App. Unpub. LEXIS 6938).
SAN DIEGO - A vessel owner cannot pursue restitution under the California unfair competition law (UCL), Cal. Bus. & Prof. Code § 17200, because adequate remedy exists through a breach of contract claim and the policy's expiration moots his injunctive relief claim, a federal judge held Sept. 24 (Robert McAdam v. State National Insurance Co. Inc. and ROES 1 through 23, inclusive, No. 12-1333, S.D. Calif.; 2012 U.S. Dist. LEXIS 136444).
SAN FRANCISCO - Although shareholders in a second class action lawsuit have properly pleaded falsity and loss causation, dismissal of their second amended complaint is proper because they have failed to plead scienter, a federal judge in California ruled Sept. 21 (Curtis Westley, et al. v. Oclaro Inc., et al., No. 11-2448, N.D. Calif.; 2012 U.S. Dist. LEXIS 135574).
SAN FRANCISCO - Indicating that his view of a patent infringement dispute that stretches over a decade "has changed significantly" since his last ruling in the dispute, a California federal judge on Sept. 21 found that defendant Rambus Inc. engaged in bad faith in spoliation of evidence when it engaged in the destruction of documents on three "shred days" (Hynix Semiconductor Inc. v. Rambus Inc., No. 00-10905, N.D. Calif.; 2012 U.S. Dist. LEXIS 135583).
LOS ANGELES - A woman insufficiently pleads allegations against a lender that allegedly received kickbacks from third-party services, a federal judge held Sept. 24 in dismissing California unfair competition law (UCL) claims (Penelope Bergman, et al. v. Fidelity National Financial Inc., and DOES 1-10, inclusive, C.D. Calif.; 2012 U.S. Dist. LEXIS 136711).
SAN FRANCISCO - The founder of a get-rich-quick scheme filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Northern District of California on Sept. 24, one month after he was fined $478.9 million by federal trade regulators for fraud (In Re: John N. Beck II, No. 12-47882, Chapter 11, N.D. Calif. Bkcy.).
LOS ANGELES - A judge properly granted a new trial in an asbestos case in which a jury awarded $208.8 million but found no liability on behalf of the biggest supplier of the product in question, a California appeals court panel held Sept. 24 (Rhoda Evans, et al. v. CertainTeed Corp., Los Angeles Department of Water and Power, No. B227075, Calif. App., 2nd Dist.). Subscribers may view the opinion available within the full Mealey's article.
SACRAMENTO, Calif. - The Town of Mammoth Lakes, Calif., which has filed for Chapter 9 bankruptcy, filed a brief on Sept. 21 in the U.S. Bankruptcy Court for the Eastern District of California seeking relief from the automatic stay to finalize a settlement in underlying litigation involving the town (In Re: Town of Mammoth Lakes, California, No. 12-32463, Chapter 9, E.D. Calif. Bkcy.). Subscribers may view the brief available within the full article.
SAN FRANCISCO - A California federal judge on Sept. 21 refused to dismiss regionalized class claims of gender discrimination against Wal-Mart Stores Inc. following the 2011 reversal of certification for a nationwide class by the U.S. Supreme Court, finding that the lack of a remand order by the high court does not preclude the plaintiffs from presenting their case to certify a more narrow class (Dukes, et al. v. Wal-Mart Stores, Inc., No. 01-02252, N.D. Calif.; 2012 U.S. Dist. LEXIS 135554).
SAN FRANCISCO - The California statutes governing lawsuits against dissolved companies cover only domestic corporations, a state appeals court held Sept. 21 in dismissing an asbestos case against a dissolved Nebraska boiler maker (Carolyn Robinson v. SSW Inc., No. A130174, Calif. App., 1st Dist.; 2012 Cal. App. LEXIS 996).
LOS ANGELES - A federal judge on Sept. 20 dismissed with prejudice California unfair competition law (UCL) Cal. Bus. & Prof. Code § 17200, claims against a lender that allegedly factored a wife's income into a loan modification process, even though the couple had separated and she no longer contributed to household income (Leonidas Alvarado v. Aurora Loan Services LLC, et al., No. 12-524, C.D. Calif.).
SAN FRANCISCO - A federal judge in California on Sept. 20 sentenced Taiwan-based AU Optronics Corp. (AUO) to pay a $500 million criminal fine for engaging in a global conspiracy to fix worldwide prices of thin-film transistor-liquid crystal display panels for use in computer monitors and televisions in violation of Section 1 of the Sherman Act, 15 U.S.C.S. § 1 et seq. (United States of America v. AU Optronics Corp., et al., No. 09-cv-0110 SI, N.D. Calif.). View related prior history, 2012 U.S. Dist. LEXIS 80605.
LOS ANGELES - A California appeals panel on Sept. 17 affirmed summary judgment for a retailer in a premises liability action, determining that there was no evidence that the defendant's negligence caused a woman to fall in its parking lot (Alvino Campos v. Super Center Concepts Inc., No. B234264, Calif. App., 2nd Dist.; 2012 Cal. App. Unpub. LEXIS 6746).
SAN FRANCISCO - Loan documents a couple attached as evidence of fraud in their California unfair competition law (UCL) action lay out the precise terms of the loan they received, a federal judge held Sept. 17 in dismissing the claims (Rosa M Villegas and Gerardo Chavez v. Wells Fargo Bank N.A. and DOES 1-20, inclusive, No. 12-2004, N.D. Calif.; 2012 U.S. Dist. LEXIS 132511).
SAN FRANCISCO - A man may amend his California unfair competition law (UCL) unlawful-prong action against his lenders who allegedly failed to provide due diligence, but the remainder of his claims lack sufficient particularity, a federal judge held Sept. 17 (John Avila v. Wells Fargo Bank, et al., No. 12-1237, N.D. Calif.; 2012 U.S. Dist. LEXIS 132499).
SAN FRANCISCO - A California federal magistrate judge on Sept. 18 granted dismissal of unregistered trademark dilution and common-law trademark infringement claims but will allow a pro se plaintiff leave to amend his complaint (Akeem O. Brown v. Shawn David Green et al., No. 12-2113, N.D. Calif.). Subscribers may view the order available within the full article.
SAN JOSE, Calif. - A federal judge in California on Sept. 17 granted JP Morgan Chase Bank NA's motion to dismiss a wrongful foreclosure suit brought by a borrower who originally took out his more than $1.2 million loan with the failed Washington Mutual Bank (WaMu), refuting the borrower's argument that Chase did not require any rights regarding the loan when it purchased Chase's assets (Angel S. Lomely v. JP Morgan Chase Bank NA, No. 12-01194, N.D. Calif.; 2012 U.S. Dist. LEXIS 132599).
WASHINGTON, D.C. - A California federal judge's order unsealing certain financial and marketing documents in a high-stakes patent infringement lawsuit was stayed Sept. 18 by the Federal Circuit U.S. Court of Appeals (Apple Inc. v. Samsung Electronics Co. Ltd., Nos. 12-1600, 1606, Fed. Cir.). View related prior history, 2012 U.S. App. LEXIS 18890.
SACRAMENTO, Calif. - Gov. Edmund G. Brown Jr. on Sept. 17 signed legislation limiting depositions in civil cases to one seven-hour session.
LOS ANGELES - Finding that a defendant's use of voiceovers and certain editing and production techniques added "something new" to four underlying Jewish films, a California federal judge on Sept. 14 granted summary judgment on copyright infringement claims (National Center for Jewish Film v. Riverside Films LLC and Joseph Dorman, No. 12-44, C.D. Calif.).
LOS ANGELES - The two-year statute of limitations precludes an insured's action alleging professional negligence against insurance brokers in procuring a disability policy that resulted in the policy being rescinded, a California appeals panel affirmed Sept. 13 (Lusine Boyajyan v. Gabrielian and Associates Insurance Services, et al., No. B231802, Calif. App., 2nd Dist., Div. 8; 2012 Cal. App. Unpub. LEXIS 6666).