Dana Makoto Sabraw

Zopatti v. Rancho Dorado Homeowners Ass'n

District Court, S.D. California · 2011-03-04

The case involved a homeowner with multiple medical conditions causing extreme sensitivity to chemicals who sued her homeowners association and management company after they applied pesticides, fertilizers, and similar substances near her property in 2008 and 2009, allegedly causing her physical injury and emotional distress despite her requests for accommodations. The defendants moved for summary judgment on all fifteen claims against them, arguing there was no evidence of a causal link between the applications and the plaintiff's harm. The court denied the motion, finding that the plaintiff's own testimony about the timing of the chemical applications and her resulting symptoms created a genuine dispute of material fact on causation sufficient to defeat summary judgment, even though her earlier request for a preliminary injunction had been denied for lack of proof that harm was likely.

civil rightspropertytorts & liabilityprocedure

DELA CRUZ v. Napolitano

District Court, S.D. California · 2011-01-27 · cited 2×

This case concerns a lawful permanent resident from the Philippines who, after a 2007 state conviction for willful infliction of corporal injury, was placed in removal proceedings as an aggravated felon and detained by immigration authorities pending the outcome of his appeals. The petitioner filed for a writ of habeas corpus under 28 U.S.C. § 2241, claiming his prolonged detention was unreasonable and that his bond hearings were procedurally deficient in violation of due process, including failures to apply the correct burden of proof, provide counsel, and properly limit evidence considered. The district court held that it had jurisdiction to review claims of legal and constitutional error in the bond proceedings despite limits on reviewing discretionary immigration decisions. It concluded that certain procedural shortcomings existed in the hearings and granted the amended petition, issuing a conditional writ of habeas corpus requiring a new bond hearing before an immigration judge within thirty days or the petitioner's release.

immigrationcivil rightsprocedure

American Safety Indemnity Co. v. National Union Fire Insurance

District Court, S.D. California · 2011-01-03

The case concerned a dispute between two insurance companies over whether defendant National Union Fire Insurance had a duty to defend a grading contractor in two underlying construction-defect lawsuits filed in state court. Plaintiff American Safety Indemnity Company, which had defended the contractor under its earlier policies, sought declaratory relief and equitable contribution after defendant refused to defend under its later policy. On cross-motions for summary judgment, the court granted plaintiff's motion and denied defendant's, holding that the policy language was ambiguous as to the duty to defend and that California rules of contract interpretation required the ambiguity to be resolved against the insurer.

business & regulatoryproceduretorts & liability

Larin v. Bank of America, N.A.

District Court, S.D. California · 2010-07-22

The case involved a class action by plaintiff Eduardo Larin against Bank of America alleging violations of California's Consumer Legal Remedies Act, unfair competition and false advertising laws, and breach of the implied covenant of good faith and fair dealing. The claims stemmed from the bank's alleged enrollment of the plaintiff in an uncollected funds protection plan without consent, which made deposited funds available faster and led to overdraft-related fees and credit card charges when a $7,500 check was later returned. The court granted the bank's motion to dismiss the second amended complaint with prejudice, holding that the claims were preempted by the Expedited Funds Availability Act and National Bank Act because they directly concerned the bank's deposit-taking powers and funds availability policies for checking accounts. The reasoning focused on the federal statutes' express preemption of state laws regulating these banking functions, distinguishing the allegations from non-preempted cases involving only overdraft posting or fee practices.

business & regulatoryfederal power

Lorenzo v. United States

District Court, S.D. California · 2010-02-02 · cited 2×

McGrew v. Countrywide Home Loans, Inc.

District Court, S.D. California · 2009-05-27 · cited 4×

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Dana Makoto Sabraw

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Decision record