Elizabeth Alt News
Santa Cruz not liable for woman’s injuries from Davenport Beach tunnel
A court of appeal affirmed that the Santa Cruz County Regional Transportation Commission is not liable for injuries to a woman who fell while walking through a rock tunnel.
Cupertino residents denied appeal claiming City misconstrued ballot question
The California Sixth Appellate Court denied an appeal in a case claiming the City of Cupertino used improper procedures on a ballot question by the Cupertino Citizens’ Sensible Growth Initiative during the November 2016 election.
Judge sanctions attorney for more than $90,000, said he 'knowingly pursued frivolous claims'
LOS ANGELES – On Sept. 27, the U.S. District Court for the Central District Court of California ruled that the attorney for an information directory service for the Iranian community should be sanctioned for “unreasonable and vexatious conduct."
Suit claims Facebook should be protecting its content screeners, attorney says
A lawsuit filed Sept. 21 in San Mateo County Superior Court alleges former “content moderators” for Facebook viewed thousands of graphic images and videos of child sexual abuse, rape and murder, and nothing was done to protect the employees from psychological trauma.
Judge dismisses breach of contract claim in copyright infringement suit against film distributor
LOS ANGELES – The U.S. District Court for the Central District of California recently dismissed several claims against a film distribution company and its owner in suit alleging breach of contract and copyright infringement.
Trademark infringement suit over The Mimosa House mark moved back to state court
SACRAMENTO – On Aug. 2, the U.S. District Court for the Eastern District of California granted Early Morning Inc.'s motion to remand a trademark infringement case back to state court.
Appeals court sends suit in dairy worker's death back to trial court
FRESNO – California's Fifth District Court of Appeal recently reversed a trial court ruling granting a safety consultant's motion for summary judgment in a wrongful death suit filed by the family of a dairy worker killed in a tractor accident.
Lawsuit claims USDA is holding up regulations for labeling genetically engineered foods
SAN FRANCISCO – The Center for Food Safety (CFS) and Center for Environmental Health (CEH) recently filed a complaint against the U.S. Department of Agriculture in federal court alleging the USDA failed to meet the deadline to issue regulations for labeling genetically engineered foods under the 2016 Federal Bioengineered Food Disclosure Standards Act (GE Labeling Act).
Appeals court closes book on ownership dispute regarding two paintings stolen by Nazis in World War II
A decades-long suit filed by the descendant of a Dutch art gallery owner claiming the descendant is the rightful owner of two Renaissance paintings stolen by the Nazis during World War II recently ended with the 9th U.S. Circuit Court of Appeals finding that the Dutch government had transferred ownership of the paintings as a sovereign act.
Ninth Circuit agrees Maricopa County Sheriff’s Office violated court orders
The Maricopa County Sheriff’s Office (MCSO) withheld evidence and manipulated investigations in a lawsuit over racial profiling, the U.S. Court of Appeals for the Ninth Circuit ruled.
Ninth Circuit reverses judgment in favor of YouTube creator in trademark infringement suit
SAN FRANCISCO – The U.S. Court of Appeals for the 9th Circuit reversed the district court ruling in a trademark infringement suit against Papyrus-Recycled Greetings and Drape Creative filed by a narrator of a popular YouTube video.
Appeals court affirms dismissal of suit challenging California labor code amendment
The 9th U.S. Circuit Court of Appeals recently affirmed a U.S. District Court for the Southern District of California ruling dismissing a contractor’s complaint challenging an amendment to the California labor code that permits employers to take a wage-credit only with employee consent, ruling that the bill does not infringe upon the plaintiff’s 1st Amendment Rights.
Guild denied motion to add third party in dispute over writers' pay for movie 'Breaking the Girls'
LOS ANGELES – The U.S. District Court for the Central District of California recently denied a motion by the Writers Guild of America West to add Myriad Pictures Inc. as a judgment debtor in the guild's suit against BTG Productions that claimed the production company refused to pay several guild writers for the movie “Breaking the Girls.”
Motion to compel arbitration in Trademark Engine case denied
SAN FRANCISCO – The Northern California District Court denied patent website Trademark Engine’s motion to compel arbitration for LegalForce, stating that Trademark failed to show that “plaintiffs are parties to the Terms of Service or that they are estopped from avoiding arbitration.”
Defective roofing lawsuit moves ahead, federal court rules
The U.S. District Court of Eastern California denied a building company’s request to throw out a class action lawsuit over defective fiberglass roofing shingles.
Owners of Santa Rosa mobile home community ask to move suit over cleanup after wildfires moved to federal court
SAN FRANCISCO – Hometown America Management Corp., which owns The Orchard Park mobile community in Santa Rosa, recently filed a motion to transfer to federal court a lawsuit alleging they violated the Mobilehome Residency Law and the Elder Abuse and Dependent Adult Civil Protection Act by charging fees and delaying cleanup after wildfires destroyed many mobile homes in the community.
San Jose business claims New Jersey church failed to repay firm for solar energy system
SAN JOSE – San Jose-based Technology Credit Corp. (TCC) recently filed a suit in the U.S. District Court for the Northern District of California, San Jose Division, against the First Assembly of God of Cold Springs (Cold Springs) claiming the church breached their contract when they refused to repay TCC for funding the purchase of their solar energy system.
IKON seeks to remove unfair labor practices lawsuit to federal court
IKON Office Solutions Inc., Ricoh USA Inc., and Ricoh Americas Corporation recently filed a motion to remove to federal court a lawsuit claiming the company violated California Labor laws by not allowing employees to take meals and breaks and failing to reimburse or pay overtime wages.
Blue Shield of California claims outsource company cost them millions
Blue Shield of California recently filed a complaint in U.S. District Court for the Northern District of California against HealthPlan Services Inc. (HPS) that alleges HPS cost Blue Shield to lose tens of millions of dollars in mistakes and poor service after HPS was hired to help Blue Shield during the Covered California exchange.
Department of Defense's policy regarding permanent resident military recruits challenged as discriminatory
SAN FRANCISCO – Two lawful permanent residents have failed a suit in federal court alleging that the U.S. military’s new policy discriminates against immigrant lawful permanent residents (LPRs) by imposing longer background investigations than those for U.S. citizens, preventing immigrants from serving.