Andrew J. Guilford

Bode v. City of Fullerton

District Court, C.D. California · 2011-09-26

This case involves two women who sued the City of Fullerton and a police officer, alleging sexual harassment during their arrests by the officer, including inappropriate touching and propositions, along with the city's alleged failure to address prior similar complaints. The court considered the city's motion for summary judgment on the plaintiffs' eight claims (federal civil rights and state tort claims) and on punitive damages. The court denied summary judgment on all claims, finding triable issues regarding whether the city had prior knowledge of the officer's pattern of misconduct based on complaints from multiple women and failed to respond adequately, potentially indicating deliberate indifference or a custom of ignoring such issues. However, the court granted summary judgment on punitive damages because public entities cannot be held liable for them under applicable law.

civil rightstorts & liability

ORANGE COUNTY HEALTH CARE AGENCY v. Dodge

District Court, C.D. California · 2011-05-31 · cited 1×

The case involved a dispute under the Individuals with Disabilities Education Act between the Orange County Health Care Agency and parents of a special-needs student over whether the agency denied the student a free appropriate public education by failing to offer residential placement, following an administrative law judge's decision ordering reimbursement for one placement but not another. The agency filed a complaint seeking to reverse the ALJ ruling, and the parents responded with a late cross-appeal seeking additional reimbursement plus counterclaims under the Rehabilitation Act, Civil Rights Act, and Unruh Act. The court denied the agency's motion to dismiss the cross-appeal, reasoning that the IDEA permits parties to bring original civil actions in district court and introduce new evidence without being barred by res judicata. It granted the motion to dismiss the other counterclaims for failing to meet pleading standards but allowed leave to amend, and denied the parents' improperly filed request for leave to amend.

civil rightsprocedurefederal power

Nuñag-Tanedo v. East Baton Rouge Parish School Board

District Court, C.D. California · 2011-05-11 · cited 30×

This case involves Filipino teachers who were recruited for H-1B visa teaching positions in U.S. schools and allege they were subjected to unexpected additional recruitment fees, threats of deportation, and other coercive practices by recruiters including defendants Navarro and UPI. The plaintiffs brought claims including RICO violations based on predicate acts of mail and wire fraud, forced labor, human trafficking, extortion, and violations of a California employment agency statute. The court granted the motion to dismiss as to the RICO claims predicated on mail and wire fraud but denied it as to the remaining claims. The core reasoning was that the initial recruitment contract was a voluntary exchange, but the later undisclosed fees combined with threats of financial loss and deportation plausibly stated claims for forced labor, trafficking, extortion, and related violations, while the fraud predicates lacked sufficient particularity.

immigrationcriminal lawlabor & employment

Biomagic, Inc. v. Dutch Brothers Enterprises, LLC

District Court, C.D. California · 2010-05-25 · cited 5×

McCown v. City of Fontana

District Court, C.D. California · 2010-03-31 · cited 2×

Sanchez v. Hedgpeth

District Court, C.D. California · 2010-02-28 · cited 5×

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Andrew J. Guilford

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Decision record