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NORTHERN CALIFORNIA RECORD

Thursday, October 3, 2024

Federal Court

Judge: San Francisco sheriff violating order against warrantless searches on pretrial detainees

By Scott Holland |
Miyamoto pauses the program, but defends heightened standards as essential to public safety
Hot Topics

Judge blocks Newsom's new 'anti-parody' law, says it 'has no place' under First Amend

By Jonathan Bilyk |
A Sacramento federal judge entered a preliminary injunction sought by online content creator known as Mr. Reagan, whose video of Kamala Harris reportedly triggered Gov. Gavin Newsom and other Democrats to pass the new law, allegedly to combat online "deepfakes" which could deceive voters
Lawsuits

Judge tosses class action vs Musk, Tesla over 'full self-driving' car tech claims

By Jonathan Bilyk |
Lawsuits

Tamalpais H.S. on hook for $10M owed to student sexually abused by tennis coach Burgos

By Jonathan Bilyk |
A state appellate court justice agreed with his colleagues that the Tamalpais school district should owe the former student for abuse he suffered at the hands of his ex-tennis coach in 2003. But the justice said the school can't be on the hook for the full verdict, while the abuser would owe nothing
Lawsuits

CA air board OK to ignore truckers' alternatives, public comment in setting zero emission trucks rule

By Jonathan Bilyk |
A California state appeals court rejected truck engine makers' bid to undo California's so-called Advanced Clean Trucks rule, saying CARB didn't violate state law by ramming through the ACT rule with minimal regard for pleas from truck makers and the public to consider alternatives to their zero emissions mandate
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Gaming company files pretrial motion to restrict mentions of its China ties during trial against Google

Epic Games, the developer behind Fortnite and several other renowned online games, has initiated legal action against tech behemoth Google, alleging that the latter is unjustly monopolizing Android app distribution. The gaming company's lawsuit comes with a pretrial motion to limit mentions of Epic's second largest shareholder being based in China during the trial scheduled for Nov. 6 start, said Epic Games.

The State Bar of California's Board of Trustees has initiated a new phase governance

The State Bar of California's Board of Trustees recently announced significant changes and decisions during its latest meeting. Brandon Stallings has been appointed as the new Board Chair, with José Cisneros assuming the role of Vice Chair and Mary Huser joining as a new Trustee. Stallings emphasized the organization's commitment to transparency and accountability.
State Court

Former Bartender Sues Local Restaurant Chain Over Multiple Labor Law Violations

By Northern California Record |
Wade Conlee Jackson has filed a lawsuit against Sushi Confidential Morgan Hill alleging multiple labor law violations during his tenure as a bartender from June 2022 to February 2024. The complaint includes accusations ranging from failure to provide meal breaks to non-payment of minimum wage.
State Court

Plaintiffs Allege Major Automobile Manufacturer Breached Warranty Obligations

By Northern California Record |
Two California residents have filed a lawsuit against Mazda Motor of America Inc., alleging multiple breaches of warranty related to their recently purchased vehicle. The plaintiffs seek significant damages for what they claim are substantial impairments affecting their car’s use and safety.
State Court

Former Employee Alleges School-Based Staffing Service Provider Failed to Pay Wages

By Northern California Record |
A former employee has filed a class action lawsuit against New Direction Solutions LLC (dba ProCare Therapy), accusing them of multiple labor law violations including failure to pay all due wages and provide accurate wage statements. The suit seeks compensatory damages and restitution for affected employees across California.
State Court

Employee Alleges Engineering Firm Violated Overtime Pay Laws

By Northern California Record |
Johnathan Shoulders has filed a lawsuit against Achievement Engineering Corp alleging failure to pay overtime wages among other labor law violations. The case highlights significant discrepancies in wage payments and expense reimbursements according to California labor laws.
State Court

Plaintiff accuses Walmart Inc., major retailer chain of negligence leading to severe injury

By Northern California Record |
Shahinaz Nayef Alhmoud has filed a lawsuit against Walmart Inc., alleging negligence after slipping on melted ice at their San Jose store caused her serious injuries. The case highlights issues around premises liability and employee responsibilities in maintaining safe environments for customers.
State Court

Restaurant Accused of Deceptive Pricing Practices

By Northern California Record |
A new lawsuit targets Asclepius Beverage Company for allegedly adding undisclosed fees to customer bills at their restaurant Pie Punks in San Francisco. The plaintiff seeks damages and injunctions against these practices under multiple California consumer protection laws.
State Court

Family Members Sue Partnership Over Property Title Dispute

By Northern California Record |
In a significant legal move, multiple generations of a prominent family have filed a lawsuit seeking to resolve long-standing title issues on a historic San Francisco property they've owned since 1936. The plaintiffs aim to establish clear ownership as tenants-in-common among current trustees rather than under an outdated partnership structure.
State Court

Plaintiff alleges former employer U.S.HealthWorks violated Fair Credit Reporting Act

By Northern California Record |
Catrina R.Rodriguez has filed a class action lawsuit against her former employer U.S.HealthWorks Inc., claiming they obtained her consumer report without proper notice in violation of FCRA regulations.The case focuses on whether she had sufficient knowledge about this background check at time of employment application.
State Court

Plaintiffs Sue Former Employer Over Alleged Labor Violations

By Northern California Record |
Former employees Marylourdes Hormigas and Joe Castro have taken legal action against Apartment Management Consultants for multiple labor code violations including unpaid wages and overtime compensation. The case hinges on whether they retain standing to pursue broader claims on behalf of other employees after their individual grievances were sent to arbitration.

Judge tosses class action vs Musk, Tesla over 'full self-driving' car tech claims

By Jonathan Bilyk |
A San Francisco federal judge parked, for now, a class action lawsuit accusing Elon Musk and his electric car company, Tesla, of allegedly misleading investors and the public about the autonomous abilities of Tesla vehicles. The judge said the statements amounted to "puffery" or "forward-looking" projections

Tamalpais H.S. on hook for $10M owed to student sexually abused by tennis coach Burgos

By Jonathan Bilyk |
A state appellate court justice agreed with his colleagues that the Tamalpais school district should owe the former student for abuse he suffered at the hands of his ex-tennis coach in 2003. But the justice said the school can't be on the hook for the full verdict, while the abuser would owe nothing

CA air board OK to ignore truckers' alternatives, public comment in setting zero emission trucks rule

By Jonathan Bilyk |
A California state appeals court rejected truck engine makers' bid to undo California's so-called Advanced Clean Trucks rule, saying CARB didn't violate state law by ramming through the ACT rule with minimal regard for pleas from truck makers and the public to consider alternatives to their zero emissions mandate

Appeals panel: Nurses should get chance to sue San Francisco over unpaid OT

By Scott Holland |
9th Circuit rules city hasn't showed its nurses are salaried employees exempt from certain FLSA guidelines

California, enviro activists hit ExxonMobil with lawsuits over plastics recycling

By Jonathan Bilyk |
The state's new lawsuit accuses ExxonMobil of misleading Americans into believing recycling is a "cure-all" for plastic waste. ExxonMobil says the lawsuit is just an attempt by the state to absolve itself of blame for flooding landfills and the environment with plastic

Judge blocks Newsom's new 'anti-parody' law, says it 'has no place' under First Amend

By Jonathan Bilyk |
A Sacramento federal judge entered a preliminary injunction sought by online content creator known as Mr. Reagan, whose video of Kamala Harris reportedly triggered Gov. Gavin Newsom and other Democrats to pass the new law, allegedly to combat online "deepfakes" which could deceive voters

Olive Garden partners with Uber in reversal of previous statements

By A. I. Benavidez |
Darden Restaurants, Inc., the parent company of Olive Garden, has announced a multi-year exclusive delivery partnership with Uber Technologies, Inc. set to begin with Olive Garden in late 2024.

NFIB Chief Economist: 'Uncertainty among small business owners continues to rise' amidst high inflation

By M. N. Tirado |
National Federation of Independent Business (NFIB) Chief Economist Bill Dunkelberg said "uncertainty among small business owners continues to rise" as inflationary pressures continue.

Google privacy settlement a $62M windfall for trial lawyers, left-wing groups: Court filings

By Jonathan Bilyk |
Twenty GOP state attorneys general have filed a brief in the U.S. Ninth Circuit Court of Appeals in support of a group of objectors, seeking to undo approval of a settlement that would steer most of $62 million from Google to trial lawyers and the ACLU and other groups to advance left-wing social and political causes

Lawsuit challenges CA laws targeting online election parody videos the state considers 'deceptive misinfo'

By Jonathan Bilyk |
The lawsuit was filed by online content creator "Mr. Reagan," who famously published a video mocking Democratic presidential candidate Vice President Kamala Harris using AI tech to make it seem she described herself as "the ultimate diversity hire" and which drew pointed direct attacks from Gov. Newsom

American Tort Reform Association president: ‘significant campaign contributions’ from California attorneys ‘raise concerns about the potential influence on legislative and judicial decisions’

By D. L. Deener |
Sherman "Tiger" Joyce, president of the American Tort Reform Association (ATRA), expressed concerns about a new report that analyzes California trial attorneys' campaign contributions. The report suggests these contributions may have potential influence on legislative and judicial decisions. Joyce voiced his concerns in a press release dated March 19.

CA appeals court: Prop 5 ballot language won't mislead voters into OKing easier property tax hikes

By Jonathan Bilyk |
A California state appellate court overruled a Sacramento County Superior Court judge who had agreed the ballot language drafted by the California Attorney General's office for Prop 5 could dupe voters by providing a description that left out crucial details

Business groups express relief as Newsom signs PAGA reforms into law

By Michael Carroll |
Gov. Gavin Newsom has signed newly passed legislation that aims to reform the Private Attorneys General Act (PAGA), which business groups have long criticized as a vehicle for rampant lawsuit abuse that offers little in the way of worker protections.

California extends 'take-home' asbestos liability to case of brother who lived elsewhere

By Daniel Fisher |
SAN FRANCISCO (Legal Newsline) - A California Supreme Court decision limiting “take-home” asbestos liability to people who live in the same house doesn’t preclude a man from suing over claims he was exposed to asbestos when visiting at his brother’s house.

Closing arguments heard in man’s lawsuit over toxic baby powder; Verdict delayed

By John Sammon |
In a Northern California trial to decide if Johnson & Johnson baby powder caused a man's mesothelioma a jury verdict in the six-week-long case has been delayed

Plaintiffs Allege Major Automobile Manufacturer Breached Warranty Obligations

By Northern California Record |
Two California residents have filed a lawsuit against Mazda Motor of America Inc., alleging multiple breaches of warranty related to their recently purchased vehicle. The plaintiffs seek significant damages for what they claim are substantial impairments affecting their car’s use and safety.

Appeals panel: 2020 oil price deal brokered by Trump with Saudis, Russia off limits to court review

By Jonathan Bilyk |
A federal appeals panel agreed with oil companies that it needed to shut down a lawsuit accusing energy companies of allegedly colluding to persuade former President Trump to strike an oil production deal with Russia and OPEC to boost the price of oil and gasoline in 2020

Reform California joins coalition to support measure that would repeal PAGA

By M. N. Tirado |
Reform California Chairman Carl DeMaio and a coalition of small business and worker advocates are supporting the Fair Pay and Employer Accountability Act. The state measure aims to repeal the Private Attorney Generals Act (PAGA).

Claremont attorney faces suspension, probation following overturned embezzlement, grand theft conviction

By Karen Kidd |
SAN FRANCISCO – Longtime Claremont attorney Louis Julian White faces suspension and probation following an Aug. 8 California Supreme Court order and his overturned conviction last year on embezzlement and grand theft charges, according to a recent State Bar of California announcement and court documents.