Case law

Perez-Funez v. District Director, Immigration & Naturalization Service

619 F. Supp. 656 · District Court, C.D. California · Sep 30, 1985

VOLUNTARY DEPARTURE — THE CHALLENGED PROCEDURE Voluntary departure is a procedure by which a qualifying alien may consent to summary removal from the United States, normally at the alien’s expense. … The case law clearly forecloses such a finding. See, e.g., Martin-Mendoza v. INS, 499 F.2d 918, 922 (9th Cir.1974).

Hall v. Live Nation Worldwide, Inc.

146 F. Supp. 3d 1187 · District Court, C.D. California · Nov 12, 2015

do not exceed the time limitation established in current law”). . … Code § 3534 ("Particular expressions qualify those which are general”); Santa Clarita Org. for Planning & the Env't (SCOPE) v.

Putnam Bank v. Countrywide Financial Corp.

860 F. Supp. 2d 1062 · District Court, C.D. California · Mar 9, 2012

Facts sufficient to establish scienter are among those that constitute the violation. Id. … Even if Sealink is immunized from payment defaults, it may have been injured by having had to pay for a guarantee that it would not otherwise have needed. *1079 2.

BabyBjorn AB v. The Ergo Baby Carrier Inc.

District Court, C.D. California · Apr 17, 2023

6 designation of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 7 CONFIDENTIAL – ATTORNEYS’ EYES ONLY (as defined below) does not— 8 without the submission of competent evidence by declaration, establishing … Designations 26 that are shown to be clearly unjustified or that have been made for an improper 27 purpose (e.g., to unnecessarily encumber the case development process or to impose 1 unnecessary expenses and burdens

Derwin Jules Jackson v. T.L. Campbell

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

Rule 4 also permits courts to dismiss claims “that are clearly not 12 cognizable.” Id. at 1045 (citations omitted). … (citation omitted)). 8 The state, moreover, has a well-established strong interest in the 9

Cynthia Padock v. Amazon.com, Inc.

District Court, C.D. California · Jul 2, 2024

A defendant may establish fraudulent joinder through: “(1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of action against the non- diverse party in state court … Defendants’ argument that Whole Foods was fraudulently joined did not lack any objectively reasonable basis, nor was Defendants’ asserted basis for removal clearly foreclosed by relevant caselaw.

In Re HOMESTORE.COM, INC. SECURITIES LITIGATION

252 F. Supp. 2d 1018 · District Court, C.D. California · Mar 7, 2003

America West, 320 F.3d at 937 (holding that controlling shareholders could be held liable for insider trading, which qualifies as a deceptive device). 2. Central Bank of Denver v. … Again, Wolff attended meetings in which accounting schedules were circulated that clearly depicted the cost of the triangular deals. FACC ¶ 338.

Jabour v. Cigna Healthcare of California, Inc.

162 F. Supp. 2d 1119 · District Court, C.D. California · Aug 22, 2001

Boris qualifies under the terms of the Cigna Plus Plan (“the Plan”) as an “out-of-network” provider, and that she should therefore have been eligible for 70% reimbursement of the costs of the office visits on March 16 and … established line of precedent holding that “bad faith” claims are preempted by ERISA.

Michael Brent v. The Boeing Company

District Court, C.D. California · Sep 17, 2019

Instead, he merely states “he clearly was 27 subjected to unwelcome harassment in the examples set forth above.” (Pl.’s Opp’n 28 1 20.) … The parties bear the obligation to lay out their support 28 clearly. Carmen v. S.F. Unified Sch. Dist., 237 F.3d 1026, 1031 (9th Cir. 2001).

Kim Seng Co. v. J & a IMPORTERS, INC.

810 F. Supp. 2d 1046 · District Court, C.D. California · Aug 30, 2011

The court noted that “when determining whether a sculpture contains sufficient originality to qualify for copyright protection it makes no sense to include the utilitarian aspects of the object in the analysis.” … It is true that the photograph on the package contains food other than what is found inside the package; however, the package also clearly states “Bun Cha Gio Thit Nuong,” a common Vietnamese dish, which roughly translates

Plant Industries, Inc. v. Coleman

287 F. Supp. 636 · District Court, C.D. California · Feb 1, 1968

In Wexler, defendant Greenberg was a qualified chemist. He worked for plaintiff for eight years. … It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic can make.

Greetings Tour Inc. v. Marriott International, Inc.

District Court, C.D. California · Mar 30, 2023

CONFIDENTIAL does not—without the submission of competent evidence by 8 declaration, establishing … 23 for protection under this Stipulated Protective Order must be clearly so designated 24

White v. Uribe

893 F. Supp. 2d 1043 · District Court, C.D. California · Sep 7, 2012

Because the Supreme Court has clearly held that even the mistaken denial of a peremptory challenge does not violate the federal Constitution, petitioner’s claim is Teague-barred (see Teague v. … None of these proffered reasons, even if established, show Juror No. 17 was impartial or biased against petitioner.

Amini Innovation Corp. v. JS IMPORTS INC.

497 F. Supp. 2d 1093 · District Court, C.D. California · May 22, 2007

“The movant is obligated to clearly specify the key witnesses to be called and make at least a generalized statement of what their testimony would have included.” Fireman’s Fund Ins. Co. v. … to amount to 'express aiming,’ those efforts must qualify as wrongful conduct targeted at Yahoo!.”

Lance Williams v. R. Farley

District Court, C.D. California · Oct 13, 2020

Here, defendant Farley is presumed to be reliable 18 and Petitioner has not established the RVR was not sufficiently reliable to support a 19 guilty finding at a disciplinary hearing. … District civil rights complaint form to use for filing the Second Amended 2 Complaint, which the Court encourages Plaintiff to use. 3 If Plaintiff chooses to file a Second Amended Complaint, he must clearly

Jose Ordaz v. McLane/Suneast, Inc.

District Court, C.D. California · Dec 17, 2021

as eligible materials for the 7 Court’s consideration, the Court is skeptical that they would establish 8 unequivocally that the case was removable. … Nov. 5, 2015) 9 (noting that a “declaration from a person with knowledge of the relevant data is 10 clearly an appropriate form of evidence”). 11 The Court also finds it reasonable for

Andrew S. Kindle v. L.A.P.D Newton Division

District Court, C.D. California · Aug 13, 2021

must screen the Complaint and 15 dismiss the case if it concludes the action is frivolous or malicious, fails to state a 16 claim on which relief may be granted, or seeks monetary relief against a defendant 17 who is immune … like to continue to 25 prosecute this cause of action, Plaintiff may file a First Amended Complaint 26 (“FAC”) within twenty-one days of the service date of this Order. 27 On the first page, Plaintiff should clearly

Mujica v. Occidental Petroleum Corp.

381 F. Supp. 2d 1164 · District Court, C.D. California · Jun 28, 2005

While Defendant clearly believes that Plaintiffs have not yet supplied enough facts to support this theory, see Reply at 4, the Court is not prepared to hold that Plaintiffs cannot prove any set of facts in support of their … Altmann, 541 U.S. 677 , 124 S.Ct. 2240, 2255 , 159 L.Ed.2d 1 (2004) (with respect to foreign sovereign immunity, stating that "should the State Department choose to express its opinion on the implications of exercising jurisdiction

Safa Nabavi Noori v. Department of Children Family Services Orange County

District Court, C.D. California · Apr 26, 2022

Plaintiff alleges that Defendant breached its duties and failed to establish and follow the proper constitutional policies. [Id. at 6.] … If a complaint does not clearly and concisely set forth factual allegations sufficient to provide defendants with notice of which defendant is being sued, on which theory, and what relief is being sought against them,

Anthony D. Natty v. Administrator of Thrift Saving Plans and or Legal Department (Does)

District Court, C.D. California · Jun 5, 2023

Summary judgment must be granted for the moving party if the nonmoving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear … Thus, while TSP beneficiaries may sue to recover benefits or to clarify rights to benefits under FERSA, the statute “contains no explicit waiver of the government’s sovereign immunity to money damages, and, in fact, money