Case law

Maka Hospice, Inc. v. Alex M. Azar, II

District Court, C.D. California · Aug 19, 2019

P. 65(b). 15 To obtain this relief, a plaintiff must establish (1) “he is likely to succeed on the 16 merits”; (2) “he is likely to suffer irreparable harm in the absence of preliminary 17 relief”; (3) “the balance of … Although mandatory and prohibitory injunctions are governed by the same 9 standard, “mandatory preliminary relief is subject to heightened scrutiny and should 10 not be issued unless the facts and law clearly favor the

Gregory L. Young v. City of Los Angeles

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

complaint, or a portion thereof, before service of process if the complaint: (1) is frivolous or malicious; (2) fails to state a claim upon which relief may be granted; or (3) seeks monetary relief from a defendant who is immune … When the Court reviews a complaint for sufficiency, it considers whether the plaintiff has “plead[ed] factual matter that, if taken as true, states a claim the [defendants] deprived him of his clearly established constitutional

United States v. Garcia

730 F. Supp. 2d 1159 · District Court, C.D. California · Jul 30, 2010

Assuming that the government was attempting to ascertain which of several qualified experts could testify during the first week of August, it provides no information as to when it began its efforts to identify an expert, … The Ninth Circuit has held that prior narcotics activities are relevant to establish intent, knowledge or absence of mistake. United States v.

Javier Zepeda v. Kilolo Kijakazi

District Court, C.D. California · Jun 12, 2023

AR 21-33. 10 First, the ALJ determined that Plaintiff’s last date insured (“LDI”) was December 11 31, 2017, such that Plaintiff needed to establish … If the ALJ meant to rely on Plaintiff’s positive response to 17 conservative treatment, then the ALJ failed to indicate that sufficiently clearly in 18 his written decision.

Loftus v. Primero Mining Corp.

230 F. Supp. 3d 1209 · District Court, C.D. California · Jan 30, 2017

failed to establish loss causation. … While the Court acknowledges the PSLRA’s heightened pleading standards, any 162-page complaint clearly lacks brevity.

Ramtin Zakikhani v. Hyundai Motor Company

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

The 19 Parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 20 does not—without the submission of competent evidence by declaration, establishing 21 that the material sought to be filed under seal … This provision is not intended to modify whatever procedure 22 may be established in an e-discovery order that provides for production without prior 23 privilege review.

Allen v. Hyland's Inc.

300 F.R.D. 643 · District Court, C.D. California · Aug 1, 2014

“But, ‘[c]ausation, on a classwide basis, may be established by materiality. … Plaintiffs have clearly alleged the specific statements that they contend constitute warranties under the MMWA. (TAC ¶ 263.)

Betim Ymeri v. Life Insurance Company of North America

District Court, C.D. California · Apr 20, 2021

In short, what is missing is an “affirmative intention of 6 the Congress clearly expressed.” Id. at 255. … Id. at 12 22 (“ERISA’s text contains multiple indications that Congress intended working owners to qualify as plan participants.”)

Selvin Fabian Salazar v. Cartin

District Court, C.D. California · Aug 18, 2025

, 4 before service of process if it concludes that the complaint (1) is frivolous or malicious, 5 (2) fails to state a claim upon which relief can be granted, or (3) seeks monetary relief 6 from a defendant who is immune … If Plaintiff chooses to file a First Amended Complaint, he 27 must clearly designate on the face of the document that it is the “First Amended 28 Complaint.”

Artem Stoliarov v. Marshmello Creative, LLC

District Court, C.D. California · Jul 7, 2020

mere 26 designation of Disclosure or Discovery Material as “CONFIDENTIAL” or 27 “HIGHLY CONFIDENTIAL – COUNSEL’S EYES ONLY” does not — without 1 the submission of competent evidence by declaration, establishing … If only a portion of the material on a page qualifies for 14 protection, the Producing Party also must clearly identify the protected portion(s) 15 (e.g., by making appropriate markings in the margins).

Zhongling Huang v. Rui Alina Su et al.

District Court, C.D. California · Feb 23, 2026

of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune … that clearly states such a strong public policy.” Id. at 1090. Plaintiff has failed to do so here. Cf. Gemini Techs., Inc. v.

Christina Abdelmalak v. Reopen Diagnostics, LLC

District Court, C.D. California · Sep 13, 2024

ReOpen Diagnostics, LLC, et al. 28, 2022, Defendants sent Plaintiff additional letter “informing her that she did not qualify for FMLA /PDL leave.” … 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

Wolf v. Travolta

167 F. Supp. 3d 1077 · District Court, C.D. California · Mar 4, 2016

forward with evidence establishing a triable issue of fact with regard to whether the discovery rule applies.”) … City of Los Angeles, 121 F.3d 716 (9th Cir.1997) (“The district court clearly possesses the authority to grant summary judgment on its own motion, if the parties receive adequate notice to bring forward their evidence.”)

Russell Lee White v. Raymond Madden

District Court, C.D. California · Nov 4, 2019

SB 1391 is a 12 matter of state law, and as such, does not qualify as “an announcement by the 13 Supreme Court recognizing a new federal constitutional right” triggering a 14 later start date under Section 2244(d)(1 … If Petitioner disputes that 11 ||/this action is untimely, he must explain clearly and in detail why it is not 12 || untimely, provide all relevant dates, and provide any available competent 13 || evidence that establishes

True v. American Honda Motor Co.

749 F. Supp. 2d 1052 · District Court, C.D. California · Feb 26, 2010

These elements establish that a “common nucleus of facts and potential legal remedies dominates this litigation.” Hanlon, 150 F.3d at 1022 . … Plaintiffs contend that only one opt-out submission “clearly expressed a desire to commence an individual lawsuit.” (Pis.’ Mem. at 18.)

Josephine Tehrani v. Amazon Studios LLC

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

No. 21 at 4– 28 5.) 1 “In class actions, ‘the usual rule … is that to establish subject matter 2 jurisdiction one looks only to the named … In Rivera, the 13 defendants argued that plaintiff’s PAGA claim was “preempted because [plaintiff] 14 asserts her claim on behalf of [other] employees, and some of their claims are 15 displaced by [the qualifying CBA

Ruben Sanchez v. United Airlines, Inc.

District Court, C.D. California · Jun 30, 2025

Sanchez argues that Adkins, as well as the other authority on which he relies, “clearly established that a discrimination claim under FEHA 1s independent of a claim for breach of duty of fair representation.” … To establishe a prima facie case of discrimination under McDonnell Douglas, a plaintiff must show “(1) he belongs to a protected class; (2) he was qualified for the position; (3) he was subject to an adverse employment

Shawn Lloydell Barrett v. Martin OMalley

District Court, C.D. California · Jul 9, 2025

Disability 10 A person qualifies as disabled, and thereby eligible for such benefits, “only 11 if his physical or mental impairment or impairments are of such … Plaintiff was cooperative with good eye contact and established 6 good rapport.

Angela Diaz, as an individual and on behalf of all others similarly situated v. Yummi Sushi, a California corporation; GBC Food Services, LLC, a Texas limited liability company; Thein Aung, an individual; Katie Aung, an individual; and Does 1 through 100, inclusive

District Court, C.D. California · Dec 9, 2025

The Parties’ mere designation of 20 Disclosure or Discovery Material as Confidential or Highly Confidential does not— 21 without the submission of competent evidence by declaration, establishing that the 22 material sought … Any Documents, Testimony, or Information to be designated as 4 “Confidential” or “Highly Confidential” must be clearly so designated before the 5 Document, Testimony, or Information is Disclosed or produced

Jaime Camilo Camarena-Regalado v. Southern California Permanente Medical Group

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

Whether a Qualifying CBA Would Apply to Plaintiff Plaintiff argues that his overtime claim would not be preempted by the CBA, even if it were qualifying because he was not “working pursuant to . . . … The CBA did not “directly and clearly explain what constitutes a ‘change of schedule,’ nor how an agreement . . . is to be made.” Id.