The U.S. Court of Appeals for the Ninth Circuit upheld a federal district court ruling absolving three lenders and two marketing companies from allegations they violated the Telephone Consumer Protection Act in connection with an unsolicited text message sent Dec. 6, 2011, according to a Jan. 10 opinion authored by District Judge Sandra S. Ikuta.
SAN FRANCISCO – The U.S. Court of Appeals for the Ninth Circuit has reversed part of a U.S. District Court for the Northern District of California summary judgment in a lawsuit aimed at limiting Pacific Gas and Electric Co.’s (PG&E) “indirect and direct stormwater discharges of wood treatment chemicals from various of its facilities in San Francisco and Humboldt Bays,” according to a Nov. 2 Ninth Circuit opinion.
LOS ANGELES – The University of Southern California is asking the U.S. District Court for the Central District of California to dismiss a class action lawsuit filed against the university and 10 unnamed “Doe” defendants amid allegations that the plaintiffs’ credit card information was compromised because more than five digits of the card numbers were printed on receipts.
SAN JOSE – The California Court of Appeals, in a Feb. 16 ruling, held that a promissory note did not qualify as a security under two legal tests. However, Allen Matkins Leck Gamble Mallory & Natsis LLP partner Keith Paul Bishop said the ruling in People v. Black “is limited to the particular facts presented.”
OAKLAND, CALIFORNIA – A class-action lawsuit filed in the U.S. District Court for the Southern District of California alleges that Specialized Loan Servicing (SLS) improperly processed loan modification applications for customers in California that often led to overpayments on the loan and unjust foreclosures of the borrower’s home.
State high court allows jury trials for testing compensation disputes in 'victory for property owners'
SAN FRANCISCO – A Walnut Creek real estate dispute attorney believes a July 31 ruling entered by the California Supreme Court that reforms legislation to give property owners a right to a trial by jury to determine compensation for pre-condemnation entry and inspection will push the state to try harder to resolve these disputes to avoid costly, time-consuming jury trials.
RIVERSIDE – A federal court has ruled that a lawsuit filed on behalf of non-exempt hourly employees working in California for Alpha Respiratory Inc. and Lincare Inc. should be able to proceed as a class action. The lawsuit seeks payment of back overtime wages and premiums for alleged missed meal breaks.
LOS ANGELES – The attorney for a foster family that was broken up when a 6-year-old girl was removed after a California appeals court upheld a ruling based on the provisions of the federal Indian Child Welfare Act (ICWA) and its state-law counterpart said a petition for review will be filed by Aug. 8, asking the California Supreme Court to hear the case.