Case law

Wixen Music UK Ltd. v. Transparence Entertainment Group, Inc.

District Court, C.D. California · Dec 22, 2021

Pittsburg–Des Moines Steel Co., 69 F.3d 1034, 1037 (9th Cir. 7 1995) (“To be mandatory, a clause must contain language that clearly designates a 8 forum as the exclusive one.”) … But 26 “[c]ourts consistently find that customer lists and customer information . . . can 27 qualify as trade secrets.” Graduation Sols. LLC v Luya Enter.

AIG Specialty Insurance Company v. TRC Companies, Inc.

District Court, C.D. California · Apr 9, 2024

Defendant does not identify any separate 5 resolution, writing, or evidence clearly establishing that the Trustees vested the 6 Benefits Committee with discretionary authority to “take final action in certain areas. … denying benefits “without a rational explanation” and without “even 27 acknowledging plaintiff’s argument regarding her disability”); see also Paine v. 28 Investment and Administrative Committee of Walt Disney Sponsored Qualified

Dan C. v. Anthem Blue Cross Life and Health Insurance Company

District Court, C.D. California · Apr 9, 2024

Defendant does not identify any separate 5 resolution, writing, or evidence clearly establishing that the Trustees vested the 6 Benefits Committee with discretionary authority to “take final action in certain areas. … denying benefits “without a rational explanation” and without “even 27 acknowledging plaintiff’s argument regarding her disability”); see also Paine v. 28 Investment and Administrative Committee of Walt Disney Sponsored Qualified

Benerito F. Gabaldon v. J. Pickett

District Court, C.D. California · Feb 5, 2021

In order to qualify, a petitioner must demonstrate 17 (1) that he has been pursuing his rights diligently, and (2) that an “extraordinary circumstance” 18 stood in his way that prevented him from timely filing. … Giles, 221 F.3d 1074, 1077, n.3 (9th Cir. 2000). 20 Petitioner must give the state courts “one full opportunity to resolve any constitutional issues by 21 invoking one complete round of the State’s established appellate

Gary M. Gruber v. Kathleen Allison

District Court, C.D. California · Mar 20, 2023

Rowland, 65 F.3d 802, 808 (9th Cir. 1995) (concluding that inmate failed to establish retaliation claim where there was no evidence that prison officials knew of the conduct giving rise to the alleged retaliatory action … Plaintiff should clearly identify each defendant being sued and the capacity in which Plaintiff is suing each defendant.

Securities & Exchange Commission v. Liu

262 F. Supp. 3d 957 · District Court, C.D. California · Apr 20, 2017

The POM clearly delineated the pur-, poses and legitimate, uses of Capital Contributions and Application Fees. … Liu set up various corporate entities, all under his control, and expended extensive effort over several years to have the Corporate Defendants qualify' under the EB-5 investor program.

In Re: Charlotte Dial

District Court, C.D. California · Jul 9, 2020

Legal Standard The standard of review of bankruptcy court decisions by district courts is well-established, and uncontested by the parties. … The FTB’s Acknowledgment That It Issued the Wrong Revivor Qualified as New Evidence.

Yolanda Catalina Miller v. Andrew M. Saul

District Court, C.D. California · Jul 6, 2021

SSR 85-28 at *4. 11 An impairment or combination thereof may properly be found not severe if the 12 clearly established objective medical evidence shows only slight abnormalities that 13 minimally affect a claimant’ … (“[A]n ALJ is simply not qualified to interpret raw 5 medical data in functional terms.”) (quoting Padilla v. Astrue, 541 F. Supp. 2d 1102, 6 1106 (C.D. Cal. 2008) (quoting Nguyen v.

Chase Investment Services Corp. v. Law Offices of Jon Divens & Associates, LLC

748 F. Supp. 2d 1145 · District Court, C.D. California · Oct 14, 2010

such agreement existed. 3 Furthermore, Divens’s testimony is flatly contradicted by the letters Betts and Gambles sent to Divens on March 6, 2009, March 10, 2009, and April 5, 2009, in which Betts and Gambles’s counsel clearly … JDA contends, however, that Betts and Gambles’s and Amedraa’s claims do not qualify as “adverse claims” within the meaning of Section 8502. (JDA’s Post Trial Brief at 5.)

Consumer Financial Protection Bureau v. Morgan Drexen, Inc.

101 F. Supp. 3d 856 · District Court, C.D. California · Apr 21, 2015

Finally, even after the Court issued its order denying summary judgment, in which the Court clearly relied on Defendants’ misleading assertions regarding the preparation and creation of bankruptcy petitions that purportedly … “A party’s destruction of evidence qualifies as willful spoliation if the party has some notice that the documents were potentially relevant to the litigation before they were destroyed.”

United States Ex Rel. Oliver v. Parsons Corp.

498 F. Supp. 2d 1260 · District Court, C.D. California · Dec 19, 2006

Plaintiff makes no effort whatsoever to clearly set forth only the material facts. Where Plaintiff does cite to evidence, those citations are often buried in text and undecipherable. … Columbia/HCA Healthcare Corp., 125 F.3d 899, 902 (5th Cir.1997) (the FCA "interdicts material misrepresentations made to qualify for Government privileges or services.”) (quoting United States ex rel. Weinberger v.

Sherry Lynn Rivera v. Martin O'Malley

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

Barnhart, 400 F.3d 676, 679 (9th Cir. 2005) (citation omitted). 7 The Commissioner has the burden of proof at step five – i.e., establishing that the 8 claimant could perform other work in the national economy. … Kijakazi, 32 F.4th at 792 (“The 7 revised social security regulations are clearly irreconcilable with our caselaw 8 according special deference to the opinions of treating and examining physicians 9 on account of their

Solutions for Utilities Inc v. California Public Utilities Commission

District Court, C.D. California · Mar 13, 2023

Code § 399.12(h)(1) (noting that renewable energy credits are “issued through the accounting system established by the Energy Commission”). … Where, as here, the case has returned to the pleading stage, the plaintiff must “clearly . . . allege facts demonstrating” each element. Id.

Danielle Borgia v. Bird Rides, Inc.

District Court, C.D. California · Aug 13, 2019

On its face, therefore, the Complaint does not appear to qualify for the local controversy exception. … Defendants argue that an eventual remand to Los Angeles Superior Court could prevent them from removing the case in the future, but the Ninth Circuit has established that “a defendant who fails in an attempt to remove on

Tin Quoc Phan v. County of Orange

District Court, C.D. California · Feb 7, 2022

Here, plaintiff’s Complaint does not clearly allege any particular claim against any 12 named defendant. … Each claim plaintiff alleges must clearly 12 || set forth which defendant(s) is alleged to be responsible for the alleged violation, and clearly and concisely reference the factual allegations that are relevant to

Sandra Munoz v. United States Department of State

District Court, C.D. California · Mar 18, 2021

However, the statute sets forth the specific types of facts needed 23 to constitute “terrorist activity” and to qualify as “engag[ing] in terrorist activity.” Id. § 1182(a)(3)(B)(iii)-(iv). … The first part is clearly satisfied here, 18 since it is undisputed that the consular officer’s citation to 19 § 1182(a)(3)(A)(ii) was sufficient to demonstrate that the visa 20 denial relied on

Pulaski v. Chrisman

352 F. Supp. 2d 1105 · District Court, C.D. California · Jan 14, 2005

Additionally, Moro Beach does not clearly serve as a wintering or nesting habitat for the plover. Exs. J-87, H-67. 3. … The mitigation measures include limiting construction to the non-breeding season to the extent practicable, arranging for weekly surveys by a qualified biologist to detect and protect native birds in habitat within 300 feet

Ahmed Hussain Shariff v. Alejandro Mayorkas

District Court, C.D. California · Apr 17, 2024

. § 115513 because Shariff did not establish “that the beneficiary legally changed his name under the requirements of 8 C.F.R. 204.2(d)(5). … Therefore, the evidence is insufficient to establish that the beneficiary qualified as a married son or daughter under section 203(a)(3) of the Act.

Rhonda Mills v. Rescare Workforce Services

District Court, C.D. California · Mar 22, 2022

. § 6103(c), Inauguration Day qualifies as a federal holiday only 28 for federal employees in the Washington, D.C. area. 4 … For the reasons stated, Defendants’ presented evidence is clearly sufficient to satisfy the $5 million 28 jurisdictional threshold. 17

Fred G. v. Anthem Blue Cross Life and Health Insurance Company

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

Id. at 15 001263, 001265. 16 Defendant does not identify any separate resolution, writing, or evidence that 17 clearly establishes the Board vested the … Kimball’s reports clearly indicate his assessments were of 24 J.G.’s conditions as of the date of the reports—after J.G. had received months of 25 residential treatment.