Case law

Ivan Lozano v. Warren L. Montgomery

District Court, C.D. California · Oct 26, 2020

Further, 2 Sanchez does not constitute clearly established federal law under AEDPA. See 3 Hernandez v. … (holding that Sanchez “does not 7 count as clearly established federal law”), cert. denied, 140 S.

Keith A. Thomas v. The Secretary US Dept. of Veterans Affairs

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

Complaint with leave to amend, the District Judge explained that Plaintiff might be able to state a claim for disability discrimination under the Rehabilitation Act if he could show that: “(1) [he] is disabled; (2) [he] is a qualified … “Experience teaches that, unless cases are pled clearly and precisely, issues are not joined, discovery is not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and society loses

In Re Jeffrey S. Beier

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

This conclusion of fact is not clearly erroneous. 18 See In re Lundell, 223 F.3d at 1040 (evaluating whether bankruptcy court’s findings 19 regarding proof of claim were clearly erroneous). … Mem., App. 426 (“MERS has 8 | established that Wells Fargo is in possession of the Note.”)); Cal. Com. Code 9 §§ 1201(b)(21)(A), 3109(a)(2), 3301(a).

L. C. Cunningham v. C. Fpieffer

District Court, C.D. California · Sep 17, 2020

Thus, even if the petitioner qualifies for an 18 exception to the AEDPA’s bar on claims raised in successive petitions, he must 19 still receive authorization from the Ninth Circuit before filing a petition in the 20 … Feb. 20, 2018) (explaining that 15 “[n]o clearly established Supreme Court authority holds that a person 16 convicted of murder cannot be sentenced to life with the possibility of parole, 17 denied parole before

Siegel v. Time Warner Inc.

496 F. Supp. 2d 1111 · District Court, C.D. California · Jul 27, 2007

Establishing a fact and giving a specific effect to it by judgment are quite distinct.” Id. … The parties do not dispute that Shuster’s illustrations for the Superboy comic released in More Fun Comics would otherwise qualify for joint authorship status.

Jacob Rogers v. Nancy A. Berryhill

District Court, C.D. California · Aug 30, 2019

If the claimant meets 14 this burden, a prima facie case of disability is established. Id. … establish that plaintiff’s depressive disorder is a severe 26 impairment at step two.

Costelo v. Chertoff

258 F.R.D. 600 · District Court, C.D. California · Jul 16, 2009

Here, none of these prerequisites are clearly implicated. Further guidance by the BIA, while helpful, is not necessary because the BIA has already provided a relevant interpretation of § 203(h)(3). … To establish standing, Plaintiffs must show injury, causation, and redressability. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992).

Tait v. BSH Home Appliances Corp.

289 F.R.D. 466 · District Court, C.D. California · Dec 20, 2012

Class counsel are competent To be adequate, plaintiffs’ counsel must be qualified, experienced, and generally able to conduct the proposed litigation. See Lerwill v. … The Court declines to follow Tietsworth because it violated clearly established precedent in denying class certification based on a determination on the merits Defendant contends that class certification under the CLRA and

Ample Bright Development, Ltd. v. Comis International

913 F. Supp. 2d 925 · District Court, C.D. California · Dec 21, 2012

a course of performance or course of dealing between the parties “is relevant in ascertaining the meaning of the parties’ agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify … Clearly, according to the plaintiffs evidence, there was no intent to waive his claim for the balance against the defendant.

C. L. v. Del Amo Hospital Inc

District Court, C.D. California · Sep 3, 2021

Although Gonzalez testified that Aspen qualified at the time of trial as a service dog, 2 Little Angels has not certified Aspen as a service dog because C.L. did not complete 3 the program established by Assistance … C.L.’s testimony describing Aspen’s training, corroborated by Gonzalez’s expert 9 evaluation, established that Aspen was more likely than not a qualified service dog at 10 the time of trial. See Sanchez v.

In re American Apparel, Inc.

855 F. Supp. 2d 1043 · District Court, C.D. California · Jan 13, 2012

“To qualify as ‘strong’ within the intendment of § 21D(b)(2) ... 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 … However, “ ‘[i]t is clearly insufficient for plaintiffs to say that a later, sobering revelation makes an earlier, cheerier statement a falsehood.’ ” Id. at 997 (alterations omitted).

Walter Parrish v. The Okonite Company Inc

District Court, C.D. California · Dec 23, 2020

Except as otherwise provided in 2 this Order or as otherwise stipulated or ordered, Disclosure or Discovery Material 3 that qualifies for protection under this Order must be clearly so designated before 4 the material … This provision is not intended to modify whatever procedure 18 may be established in an e-discovery order that provides for production without 19 prior privilege review.

United States v. Nathanson

948 F. Supp. 2d 1055 · District Court, C.D. California · Jun 10, 2013

But “[a] defendant’s poverty in no way immunizes him from punishment” and nothing “precludes a judge from imposing on an indigent, as on any defendant, the maximum penalty prescribed by law.” … The record clearly shows that the Court did not punish Mr. Nathanson because of his poverty. At his sentencing hearing, the Court was only noting that the harm Mr.

FL PCM Holding LLC v. Donna P. Campagnolo

District Court, C.D. California · Dec 19, 2022

Under the INA, the organization must establish both that (1) it has a qualifying relationship with the foreign legal entity such as a parent subsidiary relationship and (2) the beneficiary is employed in a position that … Moreover, an entity seeking an immigration benefit bears the burden of establishing that the beneficiary qualifies for the immigration benefit sought and to resolve any inconsistencies in its petition.

Tibble v. Edison International

639 F. Supp. 2d 1074 · District Court, C.D. California · Jul 16, 2009

The court further noted that the cases cited by the plaintiff involved “self-dealing clearly prohibited” by the statute. Id. … Under this definition, as the Plan trustee, State Street would qualify as a party in interest.

Jeanne Rodriguez v. County of San Bernardino

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

Plaintiffs cannot use their 7 own incident to establish a custom, and Plaintiffs will need to allege specific sufficient incidents to 8 establish a custom. … 27 4 While the issue of policy or custom was decided on summary judgment, Trevino is instructive because it informs litigants of the sorts of descriptors and qualifiers

Vivid Entertainment, LLC v. Fielding

965 F. Supp. 2d 1113 · District Court, C.D. California · Aug 16, 2013

As our caselaw clearly favors granting preliminary injunctions to a plaintiff like Klein who is likely to succeed on the merits of his First Amendment claim, we see no reason to remand for further proceedings with respect … B § 8. 21 This clause establishes that the voters wanted Measure B, even if portions were found unconstitutional, to survive, if at all possible.

Alford v. DCH Foundation Group Long-Term Life Insurance of America

144 F. Supp. 2d 1183 · District Court, C.D. California · Jun 1, 2001

that Plaintiff would be entitled to benefits thereafter because even the occupations identified by the vocational consultant paid less than 80% of Plaintiff’s pre-disability earnings, so that Plaintiff would be able to qualify … Moreover, “an administrator ... abuses its discretion if it relies on clearly erroneous findings of fact in making benefit determinations.” Taft, 9 F.3d at 1473 .

Sean Sullivan v. Ashley Furniture Industries, LLC.

District Court, C.D. California · Oct 13, 2022

Rptr. at 890. 26 As a result, the Supreme Court established a three-part burden-shifting test in McDonnell Douglas Corp. v. … The plain language of the policy clearly states that the employee has an 3 obligation to submit appropriate medical documentation on the day they return to work.

Rebecca Cooley v. The City of Los Angeles

District Court, C.D. California · Aug 5, 2019

An entity qualifies as a business establishment for purposes of the Unruh Act when it “appears to have been operating in a capacity that is the functional equivalent of a commercial enterprise.” Warfield v. …                                                              2 The cases relied upon by plaintiffs for the proposition that a government entity is liable for violating the Unruh Act are inapposite because those cases clearly