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Cathy A. Bencivengo

See more on Cathy A. Bencivengo

District Judge
USDC Southern District of California
James M. Carter and Judith N. Keep U.S. Courthouse
Southern District Court of California
Days: M-F Courtroom/Floor: 15A

333 W Broadway
San Diego , CA 92101
(619) 557-7688



Appointed U.S. District judge by President Barack Obama, 2012; U.S. Magistrate Judge, Southern District, 2005-12; partner, associate, DLA Piper, formerly Gray Cary Ware & Friedenrich, and Gray Cary Ames & Frye, San Diego, 1988-2005.

The University of Michigan Law School, 1988



Judicial Profiles
Title Court Published
Fair Shake Southern District of California (San Diego) Apr. 16, 2019
Part of the Solution U.S. Southern District of California Jun. 30, 2009

Rulings
Case Category Published
Grizzell v. San Elijo Elementary School
affirmed
 Attorneys Aug. 7, 2024
Marquez v. Rodriguez
reversed
 Civil Rights Sep. 6, 2023
Amended Opinion: J.K.J. v. City of San Diego
affirmed
 Civil Rights Aug. 2, 2022
Guillory v. Allen
vacated and remanded
 Criminal Law and Procedure Jul. 1, 2022
In Re Dynamic Random Access Memory Indirect Purchaser Antitrust Litigation
author
 Antitrust Mar. 8, 2022
J.K.J. v. City of San Diego
affirmed
 Civil Rights Nov. 16, 2021
U.S. v. Melgar-Diaz
affirmed
 Constitutional Law Jun. 30, 2021
Webb v. Trader Joe's
affirmed
 Constitutional Law Jun. 7, 2021
Benavidez v. County of San Diego
affirmed in part
 Qualified Immunity Apr. 13, 2021
Kroessler v. CVS Healthcare Corp.
reversed and remanded
 Constitutional Law Oct. 12, 2020
Amended Opinion: Skyline Wesleyan Church v. California Dept. of Managed Health Care
vacated in whole or part
 Civil Rights Jul. 22, 2020
Skyline Wesleyan Church v. California Dept. of Managed Health Care
vacated in whole or part
 Civil Rights May 14, 2020
Nayab v. Capital One Bank
reversed and remanded
 Constitutional Law Nov. 1, 2019
U.S. v. Garcia-Morales
affirmed
 Criminal Law and Procedure Nov. 1, 2019
California Trucking Assoc. v. Su
affirmed
 Labor Law Sep. 11, 2018
Tourgeman v. Nelson & Kennard
affirmed
 Consumer Law Aug. 21, 2018
Amended Opinion: TDY Holdings LLC v. United States
reversed and remanded
 Environmental Law Mar. 21, 2018
Amended Opinion: TDY Holdings LLC v. United States
reversed and remanded
 Environmental Law Mar. 8, 2018
Corral v. Select Portfolio Servicing
author
 Civil Procedure Dec. 28, 2017
TDY Holdings LLC v. United States
reversed and remanded
 Environmental Law Oct. 5, 2017
King v. Blue Cross and Blue Shield of Illinois
reversed and remanded
 Health Care Sep. 11, 2017

Verdicts & Settlements
Case Name Topic Role Published
Kenneth Charles Shilling v. County of San Diego, Kelly A. Martinez, in her official capacity as Sheriff of County of San Diego Civil Rights judge Dec. 13, 2024
Omnitracs LLC v. Platform Science Intellectual Property judge Nov. 15, 2024
Christopher Alonso v. El Centro Police Department Civil Rights judge May 3, 2024
Julie Schneider v. Alicia Molina; Law Offices of Molina & Molina; Amerisave; Freedom Mortgage Corporation; Nestor Trustee Services; Supreme Lending Real Property judge Feb. 2, 2024
Randal Jerome Dalavai v. The Regents Personal Injury judge Aug. 11, 2023
Leslie Furcron v. Eric Knudson, City of La Mesa, and Does 1-25, inclusive Personal Injury judge Jul. 28, 2023
R.J. Reynolds Tobacco Company; R.J. Reynolds Vapor Company; American Snuff Company LLC; Santa Fe Natural Tobacco Company Inc.; Modoral Brands Inc.; Neighborhood Market Association Inc., Morija LLC dba Vapin' The 619 v. Robert Bonta, in his official capacity as Attorney General of California; Summer Stephan, in her official capacity as District Attorney for the County of San Diego Constitutional Law judge Jul. 14, 2023
Curtis Habecker and Janielle Habecker v. United States of America, et al. Civil Rights judge May 26, 2023
Nigel Cairns v. Peter Singer, et al. Civil Rights judge May 19, 2023
National Mechanical Services Inc. v. Kinsale Insurance Company, Mercer Insurance Company, and Does 1-50, inclusive Insurance judge Dec. 9, 2022
Impact Engine Inc. v. Google LLC Intellectual Property judge Oct. 14, 2022
Javo Beverage Co. Inc. v. Stephen Corey Intellectual Property judge Feb. 4, 2022
Gregory S. McNally v. Daniel Riis Civil Rights judge Jun. 18, 2021
Orlando Garcia v. Pinnacle 1617 LLC Civil Rights judge Jun. 18, 2021
Estevan R. Lucero v. Sandy Ramirez, et al. Constitutional Law judge May 21, 2021
Finjan Inc. v. ESET LLC, ESET Spol. S.R.O. Intellectual Property judge Apr. 16, 2021
Cleaferse McCowen v. Department of Veterans Affairs; Eli Sisneros, in his employment and individual capacities; and Does 1 through 50, inclusive Employment Law judge Mar. 26, 2021
Nantille Charbonnet, on behalf of herself and all similarly situated individuals v. Omni Hotels and Resorts, Omni Hotels Management Corporation and Does 1 to 10 Consumer Law judge Jan. 22, 2021
Brandon Lee Thomas, (individually and as successor in interest for Michael Thomas) v. United States of America Medical judge Jan. 8, 2021
Pablo Labarrere, Sam Doroudi, individually and as representatives of the requested classes v. University Professional and Technical Employees (UPTE), CWA 9119; Michael W. Drake, in his official capacity as President of the University of California Civil Rights judge Nov. 27, 2020
Kristopher Monterroso v. Matthew Purdy Civil Rights judge Oct. 23, 2020
Leobardo Caro v. Paul Brown, III Civil Rights judge Oct. 16, 2020
Alicia Quirarte, Nora Maya, Anh Le, Viet Le, Jose Diaz United Domestic Workers AFSCME Local 3930, Betty Yee, in her official capacity as State Controller of the State of California Civil Rights judge Oct. 9, 2020
Victoria Family Limited-Liability Limited Partnership v. Liberty Mutual Insurance Company, et al. Insurance judge Sep. 18, 2020
Todd Schueneman, et al. v. Arena Pharmaceuticals Inc., et al. Securities judge Jul. 31, 2020
James Hudlow v. County of San Diego, Deputy Anthony Mehalik, Deputy Carlos Esquer Civil Rights judge Jul. 24, 2020
Amanda Acosta, individually and on behalf of all others similarly situated v. Patenaude & Felix Consumer Law judge Jul. 17, 2020
J.F. v. San Diego County Unified School District Civil Rights judge Jul. 17, 2020
Cecil French, on behalf of himself and all others similarly situated current and former employees of First Transit, Inc. v. First Transit Inc. Employment Law judge May 29, 2020
Damon Williams v. John Chau, Steven Roberts, Mary Ann Glynn, Robert Walker, J. Lewis and John Does 1 -10 Civil Rights judge May 1, 2020
Raychael Tellez, Quianna Terry, Sherri Medeiros, and Danielle Rezendes, individually, and on behalf of other members of the general public similarly situated, and as aggrieved employees pursuant to the Private Attorney General Act ("PAGA") v. Ulta Salon, Cosmetics & Fragrance Inc., and Does 1 through 100, inclusive Employment Law judge Apr. 24, 2020
Mario Jimenez Rodriguez v. Andrew M. Saul Government judge Mar. 13, 2020
Zach Tuck v. Portfolio Recovery Associates, L.L.C. Consumer Law judge Mar. 13, 2020
Eric Caruso v. Cavalry Portfolio Svcs; Portfolio Recovery; Hunt & Henriques; Mercantile Adjustments Bureau; Ars National Services Inc.; MRS BPO LLC; Trans Union LLC; Experian Information Solutions Inc.; Equifax Information Services LLC; and Does 1-10 inclusively Consumer Law judge Feb. 21, 2020
Christina Webb, on behalf of herself, all others similarly situated, and the general public v. Trader Joe's Company Consumer Law judge Jan. 17, 2020
William J. Cannon v. United States of America Maritime Law judge Jan. 17, 2020
James Kroessler, individually and on behalf of all others similarly situated v. CVS Health Corporation Consumer Law judge Jul. 5, 2019
Rembrandt Diagnostics L.P. v. Alere Inc., Alere Toxicology Services Inc., Amedica Biotech Inc., Ameditech Inc., Innovacon Inc., Instant Technologies Inc., US Diagnostics Inc., Branan Medical Corp., and Does 1 to 10 Intellectual Property judge Jan. 18, 2019
Mark Warren v. Wells Fargo & Co., Wells Fargo Bank, N.A., et al. Real Property judge Feb. 2, 2018
Carly Heck, Sara Lund, Ally Ortanez v. Heavenly Couture Inc. Employment Law judge Nov. 10, 2017
Ramon Eugenio Sanchez Ritchie v. Sempra Energy Torts judge Oct. 20, 2017
Tatiana Korolshteyn, on behalf of herself and all others similarly situated v. Costco Wholesale Corporation, NBTY Inc. Consumer Law judge Oct. 6, 2017
Douglas Thompson on behalf of himself, others similarly situated, and the general public v. Costco Wholesale Corporation, and Does 1 through 100 Employment Law judge Sep. 29, 2017
BioGennex Laboratories v. BioTek Solutions Intellectual Property Plaintiff Nov. 8, 1997
Title Court Published
Fair Shake Southern District of California (San Diego) Apr. 16, 2019
Part of the Solution U.S. Southern District of California Jun. 30, 2009
Case Category Published
Grizzell v. San Elijo Elementary School
affirmed
 Attorneys Aug. 7, 2024
Marquez v. Rodriguez
reversed
 Civil Rights Sep. 6, 2023
Amended Opinion: J.K.J. v. City of San Diego
affirmed
 Civil Rights Aug. 2, 2022
Guillory v. Allen
vacated and remanded
 Criminal Law and Procedure Jul. 1, 2022
In Re Dynamic Random Access Memory Indirect Purchaser Antitrust Litigation
author
 Antitrust Mar. 8, 2022
J.K.J. v. City of San Diego
affirmed
 Civil Rights Nov. 16, 2021
U.S. v. Melgar-Diaz
affirmed
 Constitutional Law Jun. 30, 2021
Webb v. Trader Joe's
affirmed
 Constitutional Law Jun. 7, 2021
Benavidez v. County of San Diego
affirmed in part
 Qualified Immunity Apr. 13, 2021
Kroessler v. CVS Healthcare Corp.
reversed and remanded
 Constitutional Law Oct. 12, 2020
Amended Opinion: Skyline Wesleyan Church v. California Dept. of Managed Health Care
vacated in whole or part
 Civil Rights Jul. 22, 2020
Skyline Wesleyan Church v. California Dept. of Managed Health Care
vacated in whole or part
 Civil Rights May 14, 2020
Nayab v. Capital One Bank
reversed and remanded
 Constitutional Law Nov. 1, 2019
U.S. v. Garcia-Morales
affirmed
 Criminal Law and Procedure Nov. 1, 2019
California Trucking Assoc. v. Su
affirmed
 Labor Law Sep. 11, 2018
Tourgeman v. Nelson & Kennard
affirmed
 Consumer Law Aug. 21, 2018
Amended Opinion: TDY Holdings LLC v. United States
reversed and remanded
 Environmental Law Mar. 21, 2018
Amended Opinion: TDY Holdings LLC v. United States
reversed and remanded
 Environmental Law Mar. 8, 2018
Corral v. Select Portfolio Servicing
author
 Civil Procedure Dec. 28, 2017
TDY Holdings LLC v. United States
reversed and remanded
 Environmental Law Oct. 5, 2017
King v. Blue Cross and Blue Shield of Illinois
reversed and remanded
 Health Care Sep. 11, 2017
Case Name Topic Role Published
Kenneth Charles Shilling v. County of San Diego, Kelly A. Martinez, in her official capacity as Sheriff of County of San Diego Civil Rights judge Dec. 13, 2024
Omnitracs LLC v. Platform Science Intellectual Property judge Nov. 15, 2024
Christopher Alonso v. El Centro Police Department Civil Rights judge May 3, 2024
Julie Schneider v. Alicia Molina; Law Offices of Molina & Molina; Amerisave; Freedom Mortgage Corporation; Nestor Trustee Services; Supreme Lending Real Property judge Feb. 2, 2024
Randal Jerome Dalavai v. The Regents Personal Injury judge Aug. 11, 2023
Leslie Furcron v. Eric Knudson, City of La Mesa, and Does 1-25, inclusive Personal Injury judge Jul. 28, 2023
R.J. Reynolds Tobacco Company; R.J. Reynolds Vapor Company; American Snuff Company LLC; Santa Fe Natural Tobacco Company Inc.; Modoral Brands Inc.; Neighborhood Market Association Inc., Morija LLC dba Vapin' The 619 v. Robert Bonta, in his official capacity as Attorney General of California; Summer Stephan, in her official capacity as District Attorney for the County of San Diego Constitutional Law judge Jul. 14, 2023
Curtis Habecker and Janielle Habecker v. United States of America, et al. Civil Rights judge May 26, 2023
Nigel Cairns v. Peter Singer, et al. Civil Rights judge May 19, 2023
National Mechanical Services Inc. v. Kinsale Insurance Company, Mercer Insurance Company, and Does 1-50, inclusive Insurance judge Dec. 9, 2022
Impact Engine Inc. v. Google LLC Intellectual Property judge Oct. 14, 2022
Javo Beverage Co. Inc. v. Stephen Corey Intellectual Property judge Feb. 4, 2022
Gregory S. McNally v. Daniel Riis Civil Rights judge Jun. 18, 2021
Orlando Garcia v. Pinnacle 1617 LLC Civil Rights judge Jun. 18, 2021
Estevan R. Lucero v. Sandy Ramirez, et al. Constitutional Law judge May 21, 2021
Finjan Inc. v. ESET LLC, ESET Spol. S.R.O. Intellectual Property judge Apr. 16, 2021
Cleaferse McCowen v. Department of Veterans Affairs; Eli Sisneros, in his employment and individual capacities; and Does 1 through 50, inclusive Employment Law judge Mar. 26, 2021
Nantille Charbonnet, on behalf of herself and all similarly situated individuals v. Omni Hotels and Resorts, Omni Hotels Management Corporation and Does 1 to 10 Consumer Law judge Jan. 22, 2021
Brandon Lee Thomas, (individually and as successor in interest for Michael Thomas) v. United States of America Medical judge Jan. 8, 2021
Pablo Labarrere, Sam Doroudi, individually and as representatives of the requested classes v. University Professional and Technical Employees (UPTE), CWA 9119; Michael W. Drake, in his official capacity as President of the University of California Civil Rights judge Nov. 27, 2020
Kristopher Monterroso v. Matthew Purdy Civil Rights judge Oct. 23, 2020
Leobardo Caro v. Paul Brown, III Civil Rights judge Oct. 16, 2020
Alicia Quirarte, Nora Maya, Anh Le, Viet Le, Jose Diaz United Domestic Workers AFSCME Local 3930, Betty Yee, in her official capacity as State Controller of the State of California Civil Rights judge Oct. 9, 2020
Victoria Family Limited-Liability Limited Partnership v. Liberty Mutual Insurance Company, et al. Insurance judge Sep. 18, 2020
Todd Schueneman, et al. v. Arena Pharmaceuticals Inc., et al. Securities judge Jul. 31, 2020
James Hudlow v. County of San Diego, Deputy Anthony Mehalik, Deputy Carlos Esquer Civil Rights judge Jul. 24, 2020
Amanda Acosta, individually and on behalf of all others similarly situated v. Patenaude & Felix Consumer Law judge Jul. 17, 2020
J.F. v. San Diego County Unified School District Civil Rights judge Jul. 17, 2020
Cecil French, on behalf of himself and all others similarly situated current and former employees of First Transit, Inc. v. First Transit Inc. Employment Law judge May 29, 2020
Damon Williams v. John Chau, Steven Roberts, Mary Ann Glynn, Robert Walker, J. Lewis and John Does 1 -10 Civil Rights judge May 1, 2020
Raychael Tellez, Quianna Terry, Sherri Medeiros, and Danielle Rezendes, individually, and on behalf of other members of the general public similarly situated, and as aggrieved employees pursuant to the Private Attorney General Act ("PAGA") v. Ulta Salon, Cosmetics & Fragrance Inc., and Does 1 through 100, inclusive Employment Law judge Apr. 24, 2020
Mario Jimenez Rodriguez v. Andrew M. Saul Government judge Mar. 13, 2020
Zach Tuck v. Portfolio Recovery Associates, L.L.C. Consumer Law judge Mar. 13, 2020
Eric Caruso v. Cavalry Portfolio Svcs; Portfolio Recovery; Hunt & Henriques; Mercantile Adjustments Bureau; Ars National Services Inc.; MRS BPO LLC; Trans Union LLC; Experian Information Solutions Inc.; Equifax Information Services LLC; and Does 1-10 inclusively Consumer Law judge Feb. 21, 2020
Christina Webb, on behalf of herself, all others similarly situated, and the general public v. Trader Joe's Company Consumer Law judge Jan. 17, 2020
William J. Cannon v. United States of America Maritime Law judge Jan. 17, 2020
James Kroessler, individually and on behalf of all others similarly situated v. CVS Health Corporation Consumer Law judge Jul. 5, 2019
Rembrandt Diagnostics L.P. v. Alere Inc., Alere Toxicology Services Inc., Amedica Biotech Inc., Ameditech Inc., Innovacon Inc., Instant Technologies Inc., US Diagnostics Inc., Branan Medical Corp., and Does 1 to 10 Intellectual Property judge Jan. 18, 2019
Mark Warren v. Wells Fargo & Co., Wells Fargo Bank, N.A., et al. Real Property judge Feb. 2, 2018
Carly Heck, Sara Lund, Ally Ortanez v. Heavenly Couture Inc. Employment Law judge Nov. 10, 2017
Ramon Eugenio Sanchez Ritchie v. Sempra Energy Torts judge Oct. 20, 2017
Tatiana Korolshteyn, on behalf of herself and all others similarly situated v. Costco Wholesale Corporation, NBTY Inc. Consumer Law judge Oct. 6, 2017
Douglas Thompson on behalf of himself, others similarly situated, and the general public v. Costco Wholesale Corporation, and Does 1 through 100 Employment Law judge Sep. 29, 2017
BioGennex Laboratories v. BioTek Solutions Intellectual Property Plaintiff Nov. 8, 1997
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