Eastern District of California Blog

Target Class Action

"A federal class action claims Target makes its employees supply their own red shirts, tan or khaki pants and black shoes at all its 252 California outlets, in violation of state laws and regulations."

Courthouse News, 4/11/12

Class Action Claims Wachovia Bank Had Unlawful Kickback Arrangements

"A federal class action claims Wachovia Bank had kickback arrangements with co-defendant private mortgage insurers."  Courthouse News, 2/28/12 & Ranjha v. Wachovia Bank, 2/27/12 Civil Complaint.

Fresno Magistrate Judge Recommends Class Certification in Vineyard Wage Dispute

A federal judge has recommended certification of a class of harvest fieldworkers who say a table-grape grower in Kern County, Calif., paid them less than minimum wage and made them wash trays at home.

* * *

In recommendation to the trial court last week, U.S Magistrate Judge Jennifer Thurston in Fresno recommended class certification for two of the plaintiffs' claims, finding that the others failed to meet the tough legal standards for class actions.

Thurston granted the plaintiffs' request to certify a class of workers "who were paid an hourly wage less than minimum wage plus piece rate from January 2002 to July 2003," and those "non-supervisory harvest fieldworkers employed by Sunview during the 2001 and 2002 harvests who took trays home overnight and washed those trays without compensation."

Courthouse News, 2/13/12

Lawsuit Claims Tropicana Not "100% Pure & Natural"

A California woman is suing the maker of Tropicana claiming it is squeezing consumers by touting the best-selling U.S. orange juice as "100% pure and natural" when it is not.

In her federal lawsuit, plaintiff Angelena Lewis said Tropicana Products Inc, knowing consumers "want and demand natural products," deceives them in its advertising and packaging for its Pure Premium juice, including cartons featuring an orange with a straw stuck into it.

Lewis said the unit of PepsiCo Inc (PEP.N) actually puts the juice through extensive processing, adding aromas and flavors that change its "essential nature" and give it a longer shelf life.

Reuters, 1/9/12

Class Action Challenges Conditions In Fresno County Jail

In this Hall v. Mims, No. 11-2047-LJO, Class Action Civil Complaint,

Four prisoners are suing the Fresno Jail, claiming dangerous conditions, lack of health care and unusual punishment.

The class action lawsuit was filed Tuesday in federal court. It claims Fresno Sheriff Margaret Mims is violating the prisoners' constitutional rights by denying them treatment for life-threatening illnesses, severe mental health symptoms and serious dental problems.

The suit also alleges prisoners are subjected to violence due to preventable defects in the jail's design, operation and staffing.

Fresno Bee, 12/13/11

Ford Focus Tires Class Action Filed

At Courthouse News, 11/3/11, an EDCA federal class action lawsuit claims that some 2005-11 Ford Focus vehicles have a defect that makes their tires wear out unevenly and prematurely and that Ford will not honor its warranty.  Class Action Civil Complaint, 11/3/11.

Class Action Claims 2008-10 Honda Civic Brake Pads Defective

"A federal class action claims the front brake pads in 2008-10 Honda Civics wear out prematurely - every 7,500 to 15,000 miles - and Honda won't repair them under warranty."   Courthouse News, 10/5/11.

Sacramento Appeals Homeless Class-Action Verdict

The City of Sacramento is appealing the jury's verdict in the homeless class-action case, according to the Sacramento Press, 9/22/11.

Ninth Circuit Affirms Dismissal Of Class Action Challenging Sac County Dependency Court Practices

In E.T. v. Tani Cantil-Sakauye, No. 10-15248, the Ninth Circuit affirmed the EDCA Court's dismissal of a class action suit claiming that the caseloads of the Sacramento County Dependency Court and court-appointed attorneys are so excessive as to violate federal and state constitutions and statutes.  Sacramento Bee, 9/14/11.

Federal Class Action Challenges Traffic Ticket Surcharge For California Courthouses

A federal class action claims California's Administrative Office of the Courts and the state Supreme Court are "using the Administrative Office of the Courts as a collection agency to build new courthouses for themselves," by adding fees for a "Courthouse Construction Fund" to traffic tickets and other fines.

Lead plaintiff Jessee Welch Jr. calls this "self dealing" by the defendant agencies, which have an unbearable conflict of interest that can be expressed by a simple equation: "Convictions = Courthouse, No Convictions = No Courthouse."

Courthouse News, 7/29/11