Case law

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.

Shayne Wallace v. Louis Dejoy

District Court, C.D. California · Oct 24, 2022

To 10 establish discrimination on the basis of disability, a 11 plaintiff must show that (1) she is disabled under the 12 Act; (2) she is otherwise qualified; and (3) she … See generally Compl. 26 Regardless, Defendant argues that Plaintiff has not clearly shown that any of her claims are timely. See generally Mot.

Peter Moses Gutierrez v. Amplify Energy Corporation

District Court, C.D. California · Jan 11, 2022

The parties’ mere designation of Disclosure or Discovery Material as 19 || CONFIDENTIAL does not—without the submission of competent evidence by 20 || declaration, establishing that the material sought to be filed under … Except as otherwise provided in 13 || this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material 14 || that qualifies for protection under this Order must be clearly so designated before 15 |

Majoy v. Roe

651 F. Supp. 2d 1065 · District Court, C.D. California · Aug 4, 2009

Backman’s qualified statements would not cause all reasonable jurors to doubt Petitioner’s conviction. Even assuming Mr. … To establish a motive, the prosecution relied heavily on the semen stain found on Ms.

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

Century 21 Real Estate Corp. v. Re/Max South County

882 F. Supp. 915 · District Court, C.D. California · Dec 20, 1994

Defendants argue that the bar graph is nonactionable because the advertisement clearly labeled the 1992 figures “Estimated.” Again, the Court must agree. … Other statements in the Press kit point to the conclusion that this was merely a qualified belief.

Khademi v. South Orange County Community College District

194 F. Supp. 2d 1011 · District Court, C.D. California · Mar 18, 2002

Clearly, this language suggests that the prohibitions contained in section 76120 will be elevated above the guarantees of the United States Constitution. … The test, established in Central Hudson Gas & Elec. Corp. v. Public Serv.

United States v. Nicholas

594 F. Supp. 2d 1116 · District Court, C.D. California · Dec 29, 2008

The district court also emphasized that it “should not lightly cast aside the benefits one is entitled to from the exercise of the privilege, but in the rare case in which that benefit is clearly outweighed by the cost involved … Nicholas’ statements in the Email arguably qualify as admissions of a cocon-spirator because Mr. Ruehle and Dr. Nicholas have been indicted as co-conspirators, (Indictment ¶¶ 2, 3), Dr.

Antonio M. Ortiz v. Larry D. Smith Correctional Facility

District Court, C.D. California · May 26, 2026

Should Plaintiff choose to file an 13 amended complaint, he is advised to clearly identify the nature of the legal claims he 14 is bringing, the specific facts giving rise to each claim against each individual 15 … The Complaint Fails To State A Claim Against Individual Defendants. 17 To establish a civil rights violation under 42 U.S.C. § 1983, a plaintiff must 18 show either the defendant’s direct, personal participation

Sanjiv Goel M.D., Inc. v. Cigna Healthcare of California, Inc.

District Court, C.D. California · Oct 9, 2019

Davila’s First Prong Because Davila’s second prong is clearly not met, the Court need not analyze the first prong. See Hansen v. Grp. … App’x 659 (9th Cir. 2014) (“[A]ny obligation that Defendants had to pay for emergency services is entirely dependent on Plaintiffs’ patients . . . being enrolled in a qualifying benefits plan.”)).

Glow Industries, Inc. v. Lopez

252 F. Supp. 2d 962 · District Court, C.D. California · Dec 18, 2002

The Glow and Glow by J.Lo product lines are clearly related. … Canyon Television & Appliance Rental, Inc., 944 F.2d 597 , 603 (9th Cir.1991) (intangible injuries, such as damage to goodwill, qualify as irreparable harm).

Kurth v. Hartford Life & Accident Insurance

845 F. Supp. 2d 1087 · District Court, C.D. California · Feb 27, 2012

Patadia clearly opined that Plaintiff should be considered “permanently disabled,” Defendant counters that Dr. … The Court finds that a reversal is not warranted under these circumstances as Plaintiff has not conclusively established that he continues to be entitled to LTD benefits.

Perez v. DirecTV Group Holdings, LLC

251 F. Supp. 3d 1328 · District Court, C.D. California · May 1, 2017

Perez undoubtedly was signing the ELA as a “customer” of DirecTV, and the ELA is clearly an “agreement.” … Here, DirecTV’s ELA and Customer Agreement qualify as contracts of adhesion.

Casa Libre Freedom House v. Alejandro Mayorkas

District Court, C.D. California · May 25, 2023

Reg. 54978, 54983 (Sept. 6, 2011). 8 On March 7, 2022, USCIS announced that it would publish a final SIJ rule 9 establishing its interpretation of the 180-day statutory timeframe for adjudication of 10 SIJ petitions … This is because the United States has not waived sovereign 11 immunity for violations of this statute. See F.A.A. v.

Clifford Merlo v. Robert L. Wilkie

District Court, C.D. California · Jun 21, 2024

Cheung to be better qualified than Dr. Merlo based on Dr. … To the contrary, the testimony and evidence before 19 the Court convincingly establishes that Dr. Merlo was not selected because the selected 20 candidate was better qualified than Dr. Merlo.

BARCO v. Tilton

694 F. Supp. 2d 1122 · District Court, C.D. California · Feb 2, 2010

A state court decision is “contrary to” clearly established federal law if the decision either applies a rule that contradicts the governing Supreme Court law, or reaches a result that differs from the result the Supreme … Accordingly, the Court has no basis for finding or concluding that the State courts’ rejection of this claim either was contrary to or involved an unreasonable application of clearly established Supreme Court law. II.

MCI Communications Services, Inc. v. Skanska-Traylor-Shea

District Court, C.D. California · Jan 24, 2020

If only a portion or portions of the material on a page 7 qualifies for protection, the Producing Party also must clearly identify the protected … If only a 19 portion or portions of the material on a page qualifies for protection, the Producing 20 Party also must clearly identify the

Osny Sorto-Vasquez Kidd v. Chad T. Wolf

District Court, C.D. California · May 15, 2024

The burden of establishing 8 the absence of a genuine issue of material fact lies with the moving party. See Celotex 9 Corp. v. … Because the administrative warrants at issue here 23 lack the independent assurance guaranteed by the Fourth Amendment, they do not 24 immunize Defendants’ conduct.

Jeremy Rice v. San Bernardino County Sheriffs Bureau of Detention and Corrections

District Court, C.D. California · Apr 7, 2025

, and is required to 10 dismiss the case at any time it concludes the action is frivolous or malicious, fails 11 to state a claim on which relief may be granted, or seeks monetary relief against a 12 defendant who is immune … P. 8(d)(1)); (e) set forth 24 clearly the sequence of events giving rise to the claim(s) for relief; (f) allege specifically what 25 each Defendant

Jesse Ortiz v. Business Consumers and Housing Agency

District Court, C.D. California · Feb 23, 2023

The burden of establishing jurisdiction rests on the party asserting it. Kokkonen, 511 U.S. at 377. II. … While the Complaint does not clearly state a cause(s) of action Plaintiffs bring in this action, Plaintiffs state they seek relief of rent assistance or an explanation why Plaintiffs did not receive assistance “around the