Case law

Allied Orthopedic Appliances, Inc. v. Tyco Healthcare Group L.P.

247 F.R.D. 156 · District Court, C.D. California · Dec 21, 2007

These complexities clearly suggest that injury cannot be shown on a class-wide basis for the very broad class the Plaintiffs seek to encompass. … Beyer mischaraeterizes Tyco’s $6 generic price prediction 22 in order to establish but-for world pricing. Dr.

Yi v. Circle K Stores, Inc.

258 F. Supp. 3d 1075 · District Court, C.D. California · Jun 26, 2017

While section 337.32 offers a procedural'formality to establish a party is a successor in interest, it does not explicitly define who qualifies as a successor in interest. Id. … The facts also do not clearly show Defendant’s conduct was objectively unreasonable.

Celece v. Dunn School

District Court, C.D. California · Nov 19, 2020

“A district court may deny leave to proceed in forma pauperis at the outset if it 28 appears from the face of the proposed complaint that the action is frivolous or without 1 merit,” even if the plaintiff otherwise qualifies … The burden to establish federal jurisdiction “rests 20 upon the party asserting jurisdiction.” Kokkonen, 511 U.S. at 377. Statutes conferring 21 jurisdiction on federal courts must be strictly construed.

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

Anthony Moreno v. V. Hull

District Court, C.D. California · Jul 1, 2020

does not immunize them from claims for prospective relief (such as 5 forward-looking injunctive relief). … District civil rights complaint form to use for filing the Second Amended 27 Complaint, which the Court encourages Plaintiff to use. 1 If Plaintiff chooses to file a Second Amended Complaint, he must clearly

Mobil Oil Corporation v. Filtrol Corporation

391 F. Supp. 337 · District Court, C.D. California · Nov 5, 1974

The Court finds that the claims of the patent clearly do not read literally as defendants argue they should read. … These are clearly close factual questions upon which reasonable men may differ.

EXPRESS, LLC v. Fetish Group, Inc.

424 F. Supp. 2d 1211 · District Court, C.D. California · Mar 24, 2006

According to Express, the copyright registration application (signed by Sabbah) clearly attempted to claim the creation of the design within the lace trim as part of the copyright. … In Satava , the Ninth Circuit indicated that a thin copyright may be established where some small amount of creativity exists beyond the combination of standard elements, but not enough creativity to qualify for broad protection

Henry Kincy v. Josie Gastelo

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

That is, the plaintiff must 6 || establish an affirmative causal link between the policy at issue and the alleged 7 || constitutional violation. See City of Canton, Ohio v. … P. 25 10(b); (f) set forth clearly the sequence of events giving rise to the claim(s) for relief; and 26 (g) allege with sufficient specificity

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

Delta T LLC v. MacroAir Technologies, Inc.

District Court, C.D. California · Oct 19, 2020

The parties’ mere 1 without the submission of competent evidence by declaration, establishing that the 2 material sought to be filed under seal qualifies as confidential, privileged, or 3 otherwise protectable—constitute … If only a portion of the material on a page qualifies for 12 protection, the Producing Party also must clearly identify the protected portion(s) 13 (e.g., by making appropriate markings in the margins).

Lewine v. Laird

336 F. Supp. 346 · District Court, C.D. California · Nov 24, 1971

“Force”, he states, can be moral or even “a physically restraining force, as long as it is clearly necessary. The overuse of force, that is the use of force when it is no longer necessary is what I consider violence.” … At page 223 of its opinion, the Court states: “On September 27, 1967, the Secretary of Army determined that Bratcher qualified for classification as a conscientious objector.

Erika Nolff v. Performance Food Group Inc

District Court, C.D. California · Oct 24, 2019

Moreover, an intervening change of law giving rise to a new basis for subject-matter jurisdiction qualifies as a “relevant change of circumstances.” Rea v. … On September 13, 2019, Plaintiff’s counsel responded with the email above—clearly indicating that Plaintiff would not be making a demand offer wn/ess Defendants agreed not to use that demand to re-remove the case.

Raymond Tate v. United States

District Court, C.D. California · Mar 1, 2023

The government bears the burden of 23 establishing that the exception applies. Nanouk v. … Bureau of Prisons, 470 F.3d 471, 476 (2d Cir. 2006) (“The negligent guard 6 theory is a theory of liability under the FTCA over which the district court clearly has subject matter 7 jurisdiction.”); Palay v.

Springate v. Weighmasters Murphy, Inc. Money Purchase Pension Plan

217 F. Supp. 2d 1007 · District Court, C.D. California · Jun 3, 2002

As such, no rights or interests established in the Interpleader Action would be destroyed or impaired by prosecution of this action. … A qualified fiduciary should be appointed as a substitute fiduciary immediately. 9. An award of attorney fees and costs is warranted Plaintiff seeks an award of his attorney’s fees and costs.

In Re HOMESTORE.COM, INC. SECURITIES LITIGATION

347 F. Supp. 2d 790 · District Court, C.D. California · May 11, 2004

Although the standard has not been so clearly stated in any post-Central Bank Ninth Circuit case involving auditor liability, the Court finds this be the appropriate standard for several reasons. … The only aspect of Homestore’s business that PwC controlled was whether or not they would qualify their audit certification by disagreeing with the accounting of certain deals.

Johnny Ray Butler v. David Shinn, Warden

District Court, C.D. California · Apr 24, 2018

But petitioner’s Richardson 2 claim does nothing to establish his actual innocence. 3 To establish actual innocence for the purposes of § 2255’s savings clause, a 4 petitioner “must demonstrate … This 15 motion, if filed in the District of Nebraska, would clearly be barred as successive, 16 as well as untimely, under 28 U.S.C. §§ 2255(f) and (h).

Neil Karunatilaka v. Tesla Inc.

District Court, C.D. California · Jun 27, 2025

The 14 Producing or Designating Party must take care to limit any such designation to 15 specific material that qualifies under the appropriate standards. … If only a portion or 13 portions of the material on a page qualifies for protection, the Producing Party also 14 must clearly identify the protected portion(s) (e.g., by making appropriate markings 15 in the margins

Ferguson v. CORINTHIAN COLLEGES

823 F. Supp. 2d 1025 · District Court, C.D. California · Oct 6, 2011

institutions believing they are receiving a quality education at an affordable price, when, in fact, they pay some of the highest tuition rates in the country, incur crippling student loans, and graduate with a degree that never qualifies … The court summarized the cases as follows: Mediterranean established that under an arbitration agreement covering disputes “arising under” the agreement, only those disputes “relating to the interpretation and performance

Soria v. Callahan

16 F. Supp. 2d 1145 · District Court, C.D. California · Sep 12, 1997

In sum, I conclude that the ALJ did not err in deciding that plaintiffs activities as an apartment manager qualified as past relevant work for purposes of the step-four analysis. 4 *1151 2. … The medical evidence does not, moreover, establish that plaintiff was incapable of performing his past work.

Maryam Mnasakanyan v. County of Los Angeles

District Court, C.D. California · May 5, 2021

Counsel have an obligation to 11 lay out their support clearly. Carmen v. San Francisco Sch. Dist., 237 F.3d 1026, 1031 (9th 12 Cir. 2001). … who, under color of any 25 statute . . . subjects, or causes to be subjected, any citizen of the United States or other 26 person within the jurisdiction thereof to the deprivation of any rights, privileges, or 27 immunities