Case law

Marlon Mayo v. Aspire Bakeries, LLC., a Delaware Corporation; and DOES 1 through 50, inclusive

District Court, C.D. California · Jul 6, 2026

Mayo’s statements in prior litigation about the CBA’s grievance process do not establish either prong of the test. … Those questions include determining what an “occurrence” is under the CBA, when an absence qualifies as paid sick leave, how the rolling twelve-month lookback is calculated, whether Mayo’s absences were

Mariam S. A. v. Frank Bisignano, Commissioner of Social Security

District Court, C.D. California · Jul 15, 2026

Here, the ALJ’s 24 refusal to vacate the Order of Dismissal was a discretionary decision not subject to 25 the procedures established in 42 U.S.C. § 405(b). … This clearly does not qualify as “good cause” within the meaning of 14 || 20 C.F.R. § 404.989(a).

Connie Dietrich v. Autozone West, Inc.

District Court, C.D. California · Oct 28, 2019

It asserted government contractor and sovereign immunity defenses: 39. … Hammond [the case establishing the injunction] long before the removal notices were filed.” /d.

Breakdown Services, Ltd. v. Now Casting, Inc.

550 F. Supp. 2d 1123 · District Court, C.D. California · Jan 25, 2007

Therefore, while it does not seem necessary for NCI to amend the tenth affirmative defense to include “allegations of copyright misuse,” (Mot. to Amend Countercl. 2:24-25), as such allegations are clearly implied, the Court … First, NCI simply states that BSL’s conduct in violation of § 1 claim qualifies as predatory conduct under § 2.

Knox v. Yingli Green Energy Holding Co.

242 F. Supp. 3d 950 · District Court, C.D. California · Mar 15, 2017

To qualify as 'strong’ ... an inference of scienter must be more than merely plausible or reasonable — it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent.” Id. … “Congress clearly intended that complaints in these securities actions should stand or fall based on the actual knowledge of the plaintiffs rather than information produced by the defendants after the action has been filed

Sara Hadi v. Toyota Motor Corporation

District Court, C.D. California · Nov 7, 2024

protection under this Stipulated Protective Order must be clearly so 11 designated before the material is disclosed or produced. … If only a portion or 17 portions of the material on a page qualifies for protection, the Producing Party also 18 must clearly identify the protected portion(s) (e.g., by making appropriate markings 19 in the margins

Metro Lights, L.L.C. v. City of Los Angeles

488 F. Supp. 2d 927 · District Court, C.D. California · Aug 11, 2006

As intended, the contract established the most extensive Street Furniture program in the City’s history. … Likewise, none of the earlier contracts so clearly focused on encouraging the erection of off-site signs on Street Furniture.

MR Technologies, GMBH v. Western Digital Technologies, Inc.

District Court, C.D. California · Nov 15, 2022

If only a portion or portions of the material on a page 4 qualifies for protection, the Producing Party also must clearly identify the 5 protected portion(s) (e.g., by making appropriate markings in the … If only a portion or portions 18 of the material on a page qualifies for protection, the Producing Party also must 19 clearly identify the protected portion(s) (e.g., by making appropriate markings in

Victoria Jacobsen v. Henkel Corporation, et al.

District Court, C.D. California · Jan 14, 2026

A removing defendant bears the burden of establishing that removal is proper. See Abrego Abrego v. Dow Chem. … Then, in the next section, Plaintiff argues that Defendants cannot establish that the amount in controversy meets the threshold requirement. (Id.

Summit Technology, Inc. v. High-Line Medical Instruments, Co.

933 F. Supp. 918 · District Court, C.D. California · Jul 16, 1996

To be used by qualified investigators only.” FASC ¶85. York was allegedly aware that the machine was for Canadian investigational use when he purchased the used machine. FASC ¶ 86. … Plaintiffs claim against Defendants under § 17200 clearly stands.

Stukenborg v. Teledyne, Inc.

299 F. Supp. 1152 · District Court, C.D. California · Jan 24, 1969

Defendant is a Delaware Corporation with its regular and established place of business within this judicial district. … Nunnally was emphasized by defendant in its Memorandum, supra, n. 6, at pp. 27-29, and has not been qualified or contradicted by plaintiffs. . See Appendix A. .

Allergan USA, Inc. v. Prescribers Choice, Inc.

364 F. Supp. 3d 1089 · District Court, C.D. California · Jan 11, 2019

Defendants argue that Allergan cannot establish "actual damages." Defs. Mot. at 15. … Subsequent testimony regarding Nystatin and Kojic acid does not clearly elicit when Sincerus used the drugs to compound.

Edward Asner v. The Sag-Aftra Health Fund

District Court, C.D. California · Oct 19, 2023

7 for health coverage under the Plan for any time during the Class Period, 8 and/or (iii) qualified or had qualified as a Senior Performer as of the 9 beginning of or during the Class … As a result, the Court does not give this factor significant weight. 9 Factor three, non-monetary benefits, does not clearly favor deviation either. 10 While this settlement did generate benefits beyond the Gross

3570 East Foothill Blvd., Inc. v. City of Pasadena

980 F. Supp. 329 · District Court, C.D. California · Oct 6, 1997

However, the Supreme Court and the Ninth Circuit have clearly held that adult businesses “must fend for themselves in the real estate market, on an equal footing with other prospective purchasers and lessees.” … In addition, Kaltenthaler is not an expert, and thus is not qualified to determine what parcels are within the relevant real estate market.

Brittany C. Ringo v. Silverado Senior Living, Inc.

District Court, C.D. California · Sep 14, 2021

The removing party has the burden to establish that it was proper to do so. Id. … Designating these pharmacists as “qualified person[s]” brings them within the PREP Act’s definition of “covered person[s].”

Raymond Flores v. Tesla Inc.

District Court, C.D. California · Jul 31, 2025

The Producing or Designating Party must take 9 care to limit any such designation to specific material that qualifies under the appropriate 10 standards. … If only a portion or portions of the material on a 4 page qualifies for protection, the Producing Party also must clearly identify the 5 protected portion(s) (e.g., by making appropriate markings in the margins). 6

Christopher Jack Langner et al v. General Motors LLC

District Court, C.D. California · Nov 24, 2025

Code § 1793.2(d)(2), and the manufacturer or representative defendant failed to maintain a qualified third-party dispute resolution process. Cal Civ. Code §§ 1794(c), 1794(e). … If the “case clearly is removable on the basis of jurisdictional facts apparent from the face of the complaint,” then the defendant must file a notice of removal within 30 days of service. Harris v.

Gonzalez v. Law Office of Allen Robert King

195 F. Supp. 3d 1118 · District Court, C.D. California · Jul 6, 2016

Dismissals premised on federal question jurisdiction are “exceptional” and warranted where the alleged federal claim “clearly appears to be immaterial and made solely for the purpose of obtaining federal jurisdiction or where … An individual obligated to pay rent for his residence qualifies as a “consumer.” See Heintz v.

Antonio Caballero v. Fuerzas Armadas Revolucionarias de Colombia

District Court, C.D. California · Dec 29, 2021

provided 2 in subsection (b), in every case in which a person has obtained a 3 judgment against a terrorist party on a claim based upon an act of 4 terrorism, or for which a terrorist party is not immune … Id. 6 Instead, the plain language of the statute “clearly differentiates between 7 the party that is the subject of the underlying judgment itself, which can be any 8 terrorist party . . . , and parties

Maljack Productions, Inc. v. UAV Corp.

964 F. Supp. 1416 · District Court, C.D. California · May 21, 1997

In order to establish copyright infringement, a plaintiff must establish (1) ownership of a valid copyright and (2) copying of original elements of the work. See Feist, 499 U.S. at 361 , 111 S.Ct. at 1295-96 . 1. … Establishment of Vaduz, Liechtenstein, Black Inc., A.G. v.