Friday, September 10, 2010
Northern California non-dispositive digest
In Italia Marittima v. Seaside Transportation Services, the plaintiffs complained that the defendants overloaded its ship causing damages and fines to the tune of $7M. Judge Phyllis J. Hamilton ruled that Admiralty law applied to a contract between Seaside and Tricor (another defendant) and that although Italia took six years to file the case, the case was not time barred. In Admiralty cases there is no statute of limitations and claims can only be barred by laches, when the delay was unreasonable and prejudiced the defendants. At this stage, that prejudice has not been proven. Judge Hamilton denied the motion to dismiss.
In Dioptics Medical Products v. IdeaVillage Products Corp., co-defendant Anand Khubani asked the court to dismiss him from induced patent infringement case by raising the Shaggy defense. The Court noted that in his deposition Khubani described making products which Dioptics now allege infringe its patents. This was sufficient to avoid the Shaggy defense. Magistrate Patricia Trumball denied the motion.
In Littlejohn v. City and County of San Francisco, the Plaintiff sued under 42 USC Section 1983 stating that police had searched his house without a warrant and he would like an injunction to prevent them from doing it again. The City did not appear at the hearing, but said that this is not a claim upon which relief can be granted. Judge Susan Illston agreed and dismissed the claim with leave to amend to show that this was an action likely to be repeated.
In Chang v. Rockridge Manor Condominium, the Plaintiffs moved for reconsideration of Judge Edward M. Chen's denial of a motion to recuse himself. They allege that Judge Chen could not fairly handle a case against USC (on of the co-defendants) because he went to law school there and was an active member of the alumni association. The judge continued to disagree and denied the motion.