COMPLAINT COME NOW plaintiff Richard David Lopez by and through undersigned counsel, and complain of Defendants as follows: PARTIES 1. Plaintiff Richard Lopez is an individual currently living in Atlanta, Georgia, within the Northern District of California. 2. Defendant City of San Diego held the swap meet plaintiff was prohibited from attending. Located at 9449 Friars Rd, San Diego, CA 92108 within the southern district of California. JURISDICTION AND VENUE 3. Plaintiff Richard Lopez brings this action, on his own behalf. This court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331 for civil actions arising under the Constitution, laws, or treaties of the United States and 28 U.S.C. 1332 due to a complete diversity of citizenship between Plaintiff and Defendant and the amount in controversy exceeds $75,000, exclusive of interest and costs. 4. Venue is proper pursuant to 28 U.S.C 1391 in that substantial part of the even giving rise to the claim occurred in the Southern District of California. FACTUAL ALLEGATION 5. Plaintiff Richard Lopez is a private gun dealer from Atlanta, Georgia. 6. Plaintiff has a vender agreement with City of San Diego for duration of five years form January 2015 to December 2019 in connection to having a booth in Qualcomm stadium; however one year into the agreement on January 11th, 2015 he received a letter stating that he can no longer have a booth at the swap meet due to a gun
The facts of the case are as follows: Douglas Castro had access to clients with a combined net
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
The district court granted the defendant’s motion for summary judgment on the plaintiff’s Americans with Disability Act claim. The plaintiff’s is not estopped by her SSDI and long term disability claims.The court foreclosed to grant the plaintiff new trial. The appellate court the district court’s ruling.
Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)
Plaintiff is informed and believes and thereon alleges that each of the Defendants was the agent and employee of each of the remaining Defendants and was at all times acting within the purpose and scope of such agency and employment.
Plaintiffs contend the forum selection clause limits them to Virginia state court, where a class action remedy would be unavailable to them; this, they contend, violates California public policy favoring consumer class actions and renders the forum selection clause unenforceable.” (Doe 1 v AOL LLC, 2009) The district court granted AOL’s motion and dismissed the action.
In West Corp. v. Superior Court, 116 Cal. App. 4th 1167 (Cal. App. 4th Dist. 2004), a California resident, Patricia Sanford, filed a class action complaint against West Corporation and WTC (a subsidiary of West Corp.), telemarketing firms organized in Delaware and headquartered in Nebraska, alleging causes of action for: (1) violation of the consumers legal remedies act; (2) unlawful, fraudulent, and unfair business practices; (3) untrue and/or dishonest advertising; (4) conversion; (5) unjust enrichment; (6) fraud and deceit; and (7) negligent misrepresentation. Essentially, one of West’s telemarketers had misrepresented a product during a sales pitch in which the caller (Sanford) had purchased the product over the phone. West claims that the California court could not assert personal jurisdiction over them because they did not maintain any offices or employees in California, was not licensed to do business in California, nor did they own any property located in California. Moreover, West motioned the court to quash the service of summons; however, the court denied the request and ruled that the court was authorized to assert personal jurisdiction over their corporation.
2. Defendants Eric A. Northbrook and Curtis M. Lockey were, and at all times mentioned in this complaint were residents of San Diego County, California. Defendant Eric A. Northbrook is a resident of the city of Encinitas.
The first key moment is fifteen minutes, forty-one seconds into the oral argument. Robert Hilliard, the representative of Hernandez, argues that the jurisdiction of the United States extends into
Plaintiffs/Counter-Defendants Robert Higgins and Teresa Higgins (the “Higginses”) and Plaintiffs/Counter-Defendants Richard Hargrove and Kathleen Hargrove (the “Hargroves”), by their respective undersigned counsel, hereby submit this Memorandum of Law in Support of their Motion for Summary Judgment.
The district court had jurisdiction of this action under 28 U.S.C. § 1331 because this issue involves a federal question. The district court granted Defendant’s motion for summary judgment on March, 2018. Petitioner’s filed their notice of appeal within the 30-day limit allowed by Federal Rule of Appellate Procedure 4(a)(1)(B). This court has jurisdiction under 28 U.S.C. § 1291, which provides for review of all final decisions of district courts.
Christine Rotolo, et al., Plaintiffs and Appellants, v. San Jose Sports and Entertainment LLC, al., Defendants and Respondents.
Defendants, Gerry Goldman and Mary Goldman, by their attorneys, ADLER, MURPHY, & MCQUILLEN LLP, and respectfully moves this Court to dismiss their the Fourth Amended Complaint with prejudice pursuant to section 2-603 of the Code of Civil Procedure, or in the alternative, dismiss Counts, IV, V, VI, VII and VIII of Plaintiffs’ Fourth Amended Complaint pursuant to section 2-619.1 of the Code of Civil Procedure (735 ILCS 5/2-619.1 (West 2014)).
evidence with regard to the issue. The Supreme Court believed the respondent was denied due