Case law

Huang v. Autoshade

950 F. Supp. 1016 · District Court, C.D. California · Jan 6, 1997

Defendant is clearly correct that the addition of the seemingly innocuous adverb “substantially” can serve to broaden the scope of the claim. … The specification and drawings also establish that the sunshade may be retained within automobile windows by the action of the “restoring spring forces.”

Xavier M. Flesher v. Los Angeles County Jail Medical Staff

District Court, C.D. California · May 18, 2020

and is required to 7 dismiss the case at any time if it concludes the action is frivolous or malicious, fails to 8 state a claim on which relief may be granted, or seeks monetary relief against a 9 defendant who is immune … Proof of random acts or isolated events is insufficient to 25 establish a custom or practice. Thompson v. City of L.A., 885 F.2d 1439, 1444 (9th 26 Cir. 1989).

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

Oppenheimer and Co. Inc. v. Steven Ginn

District Court, C.D. California · Aug 7, 2023

It is for the court to decide whether an agreement to arbitrate 22 exists, as well as which issues are arbitrable, unless the parties “clearly and 23 unmistakably” agreed otherwise. … See Abbar, 761 F.3d at 276. 1 also qualify as a ‘customer,’” see Oppenheimer & Co. Inc. v. Mitchell, No. C23-67 2 MJP, 2023 WL 2428404, at *4 (W.D. Wash.

Anthony McDaniel Jr. v. SST. Alton

District Court, C.D. California · Apr 10, 2023

, 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, 1 he must clearly designate on the face of the document that it is the “First Amended 2 Complaint.”

Mediatek Inc. v. NXP Semiconductors N.V.

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

If it comes to a Producing Party’s 6 attention that designated material does not qualify for protection at all, or does not 7 qualify for the level of protection initially asserted, the Producing Party must … 04969-GW-AFM Document 91 Filed 03/14/22 Page 28 of 40 Page ID #:1694 1 The Parties’ entry into this Order shall not preclude or prejudice either Party 2 from arguing for or against any designation, establish

South Mill Mushroom, LLC v. V.I.P. Marketing, Inc.

District Court, C.D. California · Sep 10, 2021

Under PACA, when a seller sells qualifying produce to a 2266 buyer, a trust arises by operation of law, under which the buyer is the trustee of the 2277 produce (along with all proceeds derived therefrom) and the seller … 17 order without notice to the adverse party only if: 18 (A) specific facts in an affidavit or a verified complaint clearly

Annette Cody v. P.C. Richard and Son Service Company, Inc.

District Court, C.D. California · Oct 18, 2023

In the initial 12 complaint, Cody stated clearly “the amount in controversy does not exceed 13 75,000.00.” [Dkt. 1-1 at 15]. … Richard has not established diversity jurisdiction under 12 U.S.C. § 7 {|| 1332(a).

Aaron Raiser v. City of Murrieta

District Court, C.D. California · Nov 2, 2020

1915 and is required to dismiss the case at any time if 9 it concludes the action is frivolous or malicious, fails to state a claim on which relief 10 may be granted, or seeks monetary relief against a defendant who is immune … District civil rights complaint form to use for filing the Fourth Amended 4 Complaint, which the Court encourages Plaintiff to use. 5 If Plaintiff chooses to file a Fourth Amended Complaint, he must clearly

In Re: Marcus Albert Romero and Natalie Victoria Romero

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

Legal Standard 7 On appeal, a district court “review[s] the bankruptcy court’s findings of fact 8 under the ‘clearly erroneous’ standard and its conclusions … why the Trustee would need to “recover” 11 property under § 510(c)(2) to have the authority to sell the Residence or why the 12 transfer of funds pursuant to the carve-out agreement does not qualify as a recovery

CHEMICAL PRODUCERS AND DISTRIBUTORS ASS'N v. Helliker

319 F. Supp. 2d 1116 · District Court, C.D. California · May 12, 2004

The California scheme, in short, makes it costlier for generic applicants to qualify for registration. Hence, Plaintiff seeks to invalidate it. The "hook" it uses is the doctrine of pre-emption. LEGAL ANALYSIS A. … The limited facts Plaintiff has adduced do not establish that Section 12811.5 has stifled innovation or decreased competition on a large scale.

Lionell J. Tillman v. Los Angeles County District Attorney’s Office et al.

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

(See ECF No. 36, at ¶¶ 1, 59.) 8 As the Court previously advised Plaintiff (ECF No. 32, at 7), it is Plaintiff’s burden 9 to set forth his claims clearly and to link factual allegations regarding each 10 defendant’ … See McHenry, 84 F.3d at 1176 11 (affirming dismissal of complaint where plaintiffs did not obey the court’s 12 instructions to file a complaint “which states clearly how each and every defendant 13 is alleged to have

Jose Alvarez v. FCA US LLC

District Court, C.D. California · Jun 17, 2022

Plaintiffs had attempted to take depositions of Puente’s Person Most Qualified and various other employees beginning in November 2021. Mot. Remand at 10 (citing Declaration of Phil A. … Of course, attempting to take more discovery would more clearly suggests good faith, but nothing about Plaintiffs’ attempts renders them insufficient here. See Kalfsbeek, 540 F.

In Re: Samuel Michael Saber

District Court, C.D. California · Mar 23, 2021

After this, Saber 5 attempted to alter the characterization of his scheduled debt in an amended plan to 6 qualify as a small business debtor. … But the Bankruptcy 6 Court’s order clearly rebuts this argument.

Cano v. Davis

211 F. Supp. 2d 1208 · District Court, C.D. California · Jun 12, 2002

De Grandy, 512 U.S. 997, 1020 , 114 S.Ct. 2647 , 129 L.Ed.2d 775 (1994) (“Minority voters are not immune from the obligation to pull, haul and trade to find common political ground ....”). … In De Grandy , the Court held that vote dilution under § 2 is not automatically established even if all three Gingles pre-conditions are established.

Lavino v. Metropolitan Life Insurance

779 F. Supp. 2d 1095 · District Court, C.D. California · Jan 20, 2011

Local Economy; or 2. after the 24 month period, you are unable to earn more than 80% of your Indexed Predisability Earnings from any employer in your Local Economy at any gainful occupation for which you are reasonably qualified … See Gatti, 415 F.3d at 982 n. 1 (‘We do not address the question of whether, under the new regulation, claimants who can establish a failure to comply with the claims procedures established by ERISA regulations are entitled

William Henry Palma v. City of Mission Viejo

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

“The burden of establishing federal 21 subject matter jurisdiction falls on the party invoking removal.” Marin Gen. … Ed. 2d 811 (1994)). 27 In order to establish liability, a plaintiff must prove four elements: “(1) that [the 28 plaintiff] possessed a constitutional right of which [he] was deprived; (2)

Siegel v. WARNER BROS. ENTERTAINMENT INC.

690 F. Supp. 2d 1048 · District Court, C.D. California · Oct 30, 2009

successors of a deceased author, a listing of the names and relationships to that deceased author [and then 37 C.F.R. § 201.10 (b)(l)(I)-(v) (1977) (emphasis added). 2 Recognizing the intricacies of the formalities being established … of the regulation posits that only scrivener or other such “typographical” errors (presumably meaning misspellings of the title to a work, mistakes as to a numeral(s) used for a registration number or a date) could ever qualify

Stern v. Does

978 F. Supp. 2d 1031 · District Court, C.D. California · Feb 10, 2011

“The work product doctrine is a ‘qualified privilege’ that protects ‘certain materials prepared by an attorney acting for his client in anticipation of litigation.’ ” Hernandez v. … Defendants do not explain why the non-copyright claims are sufficiently “related” as to qualify for fees under the Copyright Act.

Tyler Kem v. Strike Advisory, LLC

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

The Court finds that the following contacts clearly bear causal relationships with plaintiff's claims against Ventive: (1) the alleged employment relationship between Ventive/Cardella and plaintiff, (2) Ventive’s alleged … He also argues that, regardless, such statements fall under the qualified privilege theory of defamation because they were made “in the discharge of [a] private duty.” Reply at 9.