News from March 2018
Cash Net USA alleged to have continued to call man after he revoked consent
SACRAMENTO – A consumer claims a debt collector continued to contact him after he informed it that he revoked his consent to receive calls.
Tenant of Peralta Street property alleges mold problems were not addressed
SAN FRANCISCO – A tenant is seeking damages from her landlords over their alleged failure to abate a mold problem in the unit she rented.
Jack in the Box alleged to not have accessible parking for disabled patrons
FRESNO – A wheelchair user alleges he been deterred from returning to a Lebec restaurant because of architectural barriers there.
Court approves $125 million settlement in LendingClub shareholder suit
SAN FRANCISCO – A federal judge has approved a $125 million settlement of multiple class-action suits brought by the shareholders of LendingClub.
State appeals court reverses judgment in volunteer injury case involving Hanuman Fellowship
The California Sixth District Court of Appeal has reversed the judgment of a trial court that Hanuman Fellowship did not owe one of its volunteers more remedies for injuries sustained after she fell off a forklift while doing construction work for the Fellowship.
Madera man amends whistle-blower case against Roadrunner Intermodal Services
SACRAMENTO – A Madera man has amended his whistle-blower lawsuit against his former employer, Roadrunner Intermodal Services, who he claims cheated him out of millions of dollars, libeled him and fired him after he turned up evidence of fraud.
California Supreme Court recalculates overtime rules
Earlier this month, the California Supreme Court unanimously ruled in favor of employee-friendly overtime rules in a decision that will drastically impact employers all over the state.
Federal judge dismisses ERISA amended complaint over denial of COBRA benefits
SAN FRANCISCO – The amended complaint of two plaintiffs against their former insurance provider in California under the Employee Retirement Income Security Act of 1974 (ERISA) has been dismissed by a federal judge.
Court upholds ruling in favor of Department of Health Care in private ambulance compensation case
SAN FRANCISCO – The U.S. Court of Appeals for the 9th Circuit has upheld a district court’s ruling in favor of the director of the California Department of Health Care Services in a lawsuit brought by private ambulance companies over compensation.
Clickspark alleged to have harassed consumers with calls
SACRAMENTO – A New York-based company that "engages in aggressive and reckless marketing as an agent for profit education entities" is alleged to have harassed two consumers with calls, their suit states.
Class action filed against Western Dental Services over collection calls
SACRAMENTO – A debt collector is alleged to have harassed a Sacramento County consumer with collection calls.
Man alleges Davol Inc., C.R. Bard mesh device failed
SACRAMENTO – A Guernville man alleges a medical device used in a hernia surgery failed and caused him injury.
Discrimination allegations filed against A-B Tires & Wheels by disabled patron
SACRAMENTO – A customer of a Fresno business alleges he experienced discrimination because architectural barriers hindered the use of his wheelchair.
Murphy Pearson Bradley & Feeney alleged to have failed to pay law firm in full
SAN FRANCISCO – The principal of San Francisco law firm O'Conner and Associates alleges that a corporation failed to pay in full for legal services.
Apartment building owner seeks damages from MW General Contracting over alleged paint issues
SAN FRANCISCO – A San Francisco apartment building owner alleges she has suffered damages as a result of work done by a contractor.
Infringement case against 'Rise of the Tomb Raider' company continues following federal judge's order
SAN FRANCISCO – A copyright and infringement lawsuit by the patent holder of MOVA Contour Reality Capture Program against the company that issued the "Rise of the Tomb Raider" video game remains alive following a judge's order issued earlier this month.
Court reverses judgment in Fair Debt Collection Practices Act case
The 4th District Court of Appeals has reversed a judgment by Judge Joel M. Pressman at the Superior Court of San Diego County, finding that a loan-servicing company, cannot be considered a debt collector.
Court of appeal finds 'optional' gratuities to be mandatory payments under the state's tax laws
SACRAMENTO – On March 9, the 3rd Appellate District for the Court of Appeal of the state of California found the California Department of Tax and Fee Administration was justified in collecting tax on the gratuities added by GMRI Inc. and its subsidiary restaurants.
Man alleges Sacramento Starbucks shop did not have accessible transaction counters
SACRAMENTO – A patron at a Starbucks in Sacramento alleges that the shop does not have accessible facilities for disabled patrons.
Chevron says climate change lawsuit `not viable' as it participates in judge's science seminar
SAN FRANCISCO (Legal Newsline) - Five of the world’s largest oil and gas producers filed a motion to dismiss a climate change lawsuit against them by the cities of Oakland and San Francisco even as they prepared to deliver an unusual “tutorial” on climate science to the federal judge overseeing the case.