Case law

In re Conagra Foods Inc.

908 F. Supp. 2d 1090 · District Court, C.D. California · Nov 15, 2012

Consequently, plaintiffs’ allegations are insufficient to establish a violation of the written warranty provisions of the act. … It clearly provides that goods are merchantable only if they are both "fit for the ordinaiy purposes for which such goods are used” and labeled accurately. N.J. Stat. Ann. (2); Nelson v.

In Re National Mortgage Equity Corp. Mortgage Pool Certificates Securities Litigation

636 F. Supp. 1138 · District Court, C.D. California · May 29, 1986

While the proof used to establish these separate elements may in particular cases coalesce, proof of one does not necessarily establish the other. … Clearly, Umpqua was at least a “substantial participant” in the sales transaction.

Popovich v. United States

661 F. Supp. 944 · District Court, C.D. California · May 20, 1987

The duty to give such notice falls clearly on the employee. If he gives it and the employer fails to act promptly to perfect its lien, its lien rights will be lost. … Thereafter, the employer made a formal application to the court in that action to establish its lien.

Biovail Laboratories, Inc. v. Anchen Pharmaceuticals, Inc.

463 F. Supp. 2d 1073 · District Court, C.D. California · Nov 22, 2006

The parties agree that Kenneth Cancellara and Dina Khairo of Biovail Corporation are qualified under this section to review confidential information pursuant to this Order. ifc ‡ ❖ # * 14. … Here, the record clearly shows that ANDA Section VII l.b document was presented as an exhibit in open court- by Biovail to support its argument for partial summary judgment, without Anchen objecting to the exhibit or requesting

New. Net, Inc. v. Lavasoft

356 F. Supp. 2d 1090 · District Court, C.D. California · May 20, 2004

References in memoranda and declarations to a need for discovery do not qualify as motions under Rule 56(f). Rule 56(f) requires affidavits setting forth the particular facts expected from the movant’s discovery. … Finally, the Court notes that the record, including the evidence provided by Plaintiff, clearly establishes that because the tactics being used in the internet business community are a proper subject of public debate, Ad-aware

Aetna Realty Investors, Inc. v. Monarch Beach Venture, Ltd. (In Re Monarch Beach Venture, Ltd.)

166 B.R. 428 · District Court, C.D. California · Nov 16, 1993

Questions of fact will not be reversed on appeal unless found to be clearly erroneous, but questions of law are renewable de novo. Woods v. Pine Mountain, Ltd., 80 B.R. 171, 172 (9th Cir. … Since Aetna was not given the right to credit bid, the Debtor’s plan cannot qualify as “fair and equitable” under that alternative.

LA Alliance for Human Rights v. City of Los Angeles

District Court, C.D. California · May 22, 2020

As such, the Court finds that the balance of the equities clearly weighs in favor of an injunction. 4. … Therefore, the Court finds that this factor clearly favors an order of preliminary relief. III.

Ramon Del Fierro v. Dyncorp International LLC

District Court, C.D. California · Sep 24, 2021

(9) represents only a minor change to the “basic state law” in effect at the time the enclave was established. … The Magistrate Judge did not 28 clearly err in concluding that the filing of Plaintiff’s Motion to Certify Class did not obviate his need for a class list.

In Re Debtor Jeanette Aguilar

District Court, C.D. California · Nov 20, 2020

Two, are they qualified? Once again, they seem qualified to me. You don't really challenge their qualification. So, that's it. … Legal Standard The standard of review of bankruptcy court decisions by district courts is well-established, and uncontested by the parties.

Natural Resources Defense Council v. United States Department of Defense

442 F. Supp. 2d 857 · District Court, C.D. California · Mar 21, 2006

The record does not clearly describe how Belzer used the information disclosed to him. … Bel-zer as an example clearly demonstrates that Defendants have not adequately justified the withholding of documents shared with supposed contractors.

Thomas v. Los Angeles Times Communications, LLC

189 F. Supp. 2d 1005 · District Court, C.D. California · Feb 4, 2002

“To qualify as a limited purpose public figure, a plaintiff ‘must have undertaken some voluntary [affirmative] act[ion] through which he seeks to influence the resolution of the public issues involved.’ ” Id. … Even if Rivenburg’s opinion is that Thomas lied and that opinion comes through in the article, that opinion is clearly based on a consideration of both sides of the story.

Darla Palacio Sambissa v. Robert Ezell

District Court, C.D. California · Sep 16, 2025

“The burden is on the ‘next friend’ to clearly establish” these prerequisites. Id. at 164. Here, Mrs. Sambissa alleges that Mr. … Sambissa appears to qualify for next-friend status, which permits her to initiate the instant Petition.

Dana Tompkins Barnett v. County of Los Angeles

District Court, C.D. California · Sep 3, 2020

Section 1983 allows for a civil action against any person who, under 8 color of law, causes the “deprivation of any rights, privileges, or immunities secured 9 by the Constitution and laws.” 42 U.S.C. § 1983. … These facts do not establish that Sheriff 20 Villanueva knew of any constitutional violations with respect to Decedent, nor do they 21 establish that he actually approved of such violations.

Sempra Energy v. Associated Electric and Gas Insurance Services Limited

District Court, C.D. California · Nov 18, 2019

If only a portion of the material on a page 20 || qualifies for protection, the Producing Party also must clearly identify the protected 21 || portion(s) (e.g., by making appropriate markings in the margins). 22 … If only a portion of the material on a page qualifies for protection, the 4 || Producing Party also must clearly identify the protected portion(s) (e.g., by making 5 || appropriate markings in the margins).

FlexWare International LLC v. AT and T, Inc.

District Court, C.D. California · Mar 25, 2022

Designations that are 13 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 14 unnecessarily encumber the case development process or to impose unnecessary expenses … Order must be clearly so 22 designated before the material is disclosed or produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary

Janeway v. Secretary of Health and Human Services

702 F. Supp. 795 · District Court, C.D. California · Nov 1, 1988

It is clear that the burden of proof is on the plaintiff to establish entitlement to benefits under the Act. Mark v. Celebreeze, 348 F.2d 289, 293 (9th Cir.1965); Seitz v. Secretary, 317 F.2d 743, 744 (9th Cir.1963). … This is clearly a case in which the Secretary’s decision was not supported by substantial evidence or even a rational interpretation of the conflicting medical opinions. For example, Dr.

Valenzuela v. ADT Security Services, Inc.

820 F. Supp. 2d 1061 · District Court, C.D. California · Jun 4, 2010

Sims declares that he is a qualified expert witness in light of the following: (1) his 28-year career as Detective Sergeant with the Los Angeles Police Department, including an assignment to the Burglary Division for 18 years … In order to establish liability on a claim for breach of contract, Plaintiffs must be able to establish that (1) there was a contract, (2) Plaintiffs’ performance or excuse for nonperformance, (3) Defendant’s breach, and

B/E Aerospace, Inc. v. C&D Zodiac Inc.

District Court, C.D. California · Feb 14, 2022

If only a portion of the material on a page 3 qualifies for protection, the Producing Party also must clearly identify the protected 4 portion(s) (e.g., by making appropriate markings in the margins). 5 … If only a portion of the material on a page qualifies for 16 protection, the Producing Party also must clearly identify the protected portion(s) 17 (e.g., by making appropriate markings in the margins).

Park v. Ralph's Grocery Co.

254 F.R.D. 112 · District Court, C.D. California · Oct 6, 2008

However, Park clearly testified that he regularly shops at two of defendant’s stores and encountered access barriers in both the parking lot and the restrooms. Reply at 9. … Adequacy of Representation Plaintiffs argue that Park and Navar are adequate class representatives because they do not have conflicts of interest with the proposed class and they are represented by qualified counsel.

James Dean Mitton v. Hertz Global Holdings, Inc.

District Court, C.D. California · Apr 10, 2020

The 13 parties’ mere designation of Disclosure or Discovery Material as 14 CONFIDENTIAL does not— without the submission of competent evidence by 15 declaration, establishing that the material sought to be filed … Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g., to unnecessarily encumber the case development process or to 4 impose unnecessary expenses and burdens