Background Check Suit Against Ralphs Moves Forward, Derek Smith Law Group Says

A federal judge allowed negligence and Fair Credit Reporting Act claims to proceed in a job applicant's lawsuit against Ralphs, Kroger, and HireRight.

SAN DIEGO, CA, UNITED STATES, November 6, 2026 /EINPresswire.com/ -- Derek Smith Law Group, LLP, today announced that a federal court has allowed two claims to move forward in Robert Ochoa v. Ralphs Grocery Company, et al., Case No. 3:26-cv-01204-BTM-JLB, pending in the U.S. District Court for the Southern District of California. The firm represents the plaintiff, Robert Ochoa, who alleges in his complaint that Ralphs withdrew a 2021 job offer based on a HireRight background check without providing notices that complied with federal law.

Mr. Ochoa filed the lawsuit against Ralphs Grocery Company, The Kroger Co., and HireRight, LLC on November 26, 2025, in the Superior Court of California, County of San Diego, Case No. 25CU064979C, and the defendants later moved the same case to federal court. Zachary Rosenbaum, Esq., a partner in the firm’s Los Angeles office, represents Mr. Ochoa.

The Court’s Ruling

According to the court’s October 29, 2026, order, U.S. District Judge Barry Ted Moskowitz ruled on the defendants’ motions to dismiss, which asked the court to end the case early on the ground that every claim was filed too late. The court denied the motions as to Mr. Ochoa’s claims for negligence and under the federal Fair Credit Reporting Act (FCRA), allowing those claims to proceed.

The court dismissed Mr. Ochoa’s claims under California’s Fair Chance Act, for aiding and abetting, and under California’s Unfair Competition Law, finding that the complaint as written did not show they were timely, but granted leave to amend, meaning he may file a revised complaint addressing the timing issues within 21 days. It dismissed a claim for intentional infliction of emotional distress without leave to amend.

The Allegations

According to the complaint, Ralphs offered Mr. Ochoa a night clerk position at a store in Carlsbad, California, in July 2021, and he authorized a background check by HireRight. He alleges that HireRight’s first report listed an incorrect address; that after he contacted HireRight to correct it, HireRight sent a revised report on August 18, 2021, stating “Does Not Meet Company Standards”; and that his offer was then withdrawn.

As the court’s order explains, the FCRA requires an employer, before taking adverse action based on a background check report, to give the applicant a copy of the report and a written description of the applicant’s rights. Mr. Ochoa alleges that defendants failed to provide disclosures and notices complying with the FCRA’s content and timing requirements before and after the adverse employment decision.

In the complaint, Mr. Ochoa seeks compensatory, statutory, and punitive damages, injunctive relief, and attorneys’ fees and costs, and demands a jury trial.

Statement From Counsel

“Federal and California law give job applicants specific rights when an employer relies on a background check, including notice of those rights and a chance to respond before a job offer is withdrawn,” said Rosenbaum. “We are pleased the court will allow Mr. Ochoa’s case to move forward, and we look forward to presenting his claims in court.”

About Derek Smith Law Group

Derek Smith Law Group, which has offices in New York, New Jersey, Pennsylvania, Florida, and California, represents employees in sexual harassment, sexual assault, discrimination, retaliation, and wrongful termination cases. Cases and business in California are handled exclusively through Derek Smith Law Group, LLP, an entity completely distinct from Derek Smith Law Group, PLLC. The Los Angeles office of Derek Smith Law Group, LLP, is located at 633 West 5th Street, Suite 3250, Los Angeles, CA 90071. More information is available at dereksmithlaw.com or 800-807-2209.

Law Firm Contact

Derek Smith Law Group, LLP, 633 West 5th Street, Suite 3250, Los Angeles, CA 90071. Phone: 310-602-6050. Website: dereksmithlaw.com. Media contact: Zachary Wheeler, zwheeler@dereksmithlaw.com.

The allegations described in this release have not been proven or decided by the court. The October 29, 2026, ruling addressed only whether the claims were filed in time, and the defendants have the opportunity to contest the allegations in court. Attorney Advertising.

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Zachary Wheeler
Derek Smith Law Group, PLLC
+1 310-602-6050
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