Case law

United States v. Monel Herscovici

District Court, C.D. California · May 16, 2022

If the summons qualified as “an order stating that service is required” under Rule 5(a)(1)(A) and mailing the summons and complaint to Galyan qualified as “mailing it to the person’s last known address” under Rule 5(b) … Here, the evidence establishes that defendant was, at a minimum, reckless in not paying his FBAR penalties.

Mary Linda Robinson v. Andrew Saul

District Court, C.D. California · Mar 30, 2021

“[A]pplying our normal standard of review to the requirements of step 15 two, we must determine whether the ALJ had substantial evidence to find that the 16 medical evidence clearly established that [the claimant] did not … It 19 is true that an ALJ may not act as his own medical expert, since he is “simply not 20 qualified to interpret raw medical data in functional terms.” Nguyen v.

Arlene R. Atherton v. Sofitel Hotels and Resorts

District Court, C.D. California · Nov 25, 2019

For example, Atherton 8 states “America has already lived discrimination in public establishments serving 9 good, beverages, or offering services. … Central District civil rights complaint form to use for filing the First 16 Amended Complaint, which the Court encourages Plaintiff to use. 17 If Plaintiff chooses to file a First Amended Complaint, he must clearly

Federal Trade Commission v. Gill

71 F. Supp. 2d 1030 · District Court, C.D. California · Nov 3, 1999

Clearly, these statements were untrue. Furthermore, the addressees (Equifax, Trans Union, and Experian) are consumer credit agencies. See 15 U.S.C. § 1681a(f). … Clearly, based on Mur-key’s direct misleading representations, Murkey is personally liable as a participant and a primary violator.

Matthew D. Van Steenwyk, Individually, as Trustee and Beneficiary of The Matthew Van Steenwyk GST Trust and The Matthew Van Steenwyk Issue Trust, and as Co-Trustee of The Gretchen Marie Van Steenwyk-Marsh GST Trust and The Gretchen Marie Van Steenwyk-Marsh Issue Trust and derivatively on behalf of Nominal Defendants Applied Technologies Associates, Inc., Scientific Drilling International, Inc. and ATA

District Court, C.D. California · Nov 5, 2025

However, both cases are clearly distinguishable from the present 25 circumstances where Plaintiff merely seeks discovery. … Superior Ct., 71 Cal. 1 a taxpayer’s state and federal income tax returns, constitute an integral part of the 2 return and qualify as ‘information

Mauricio Gonzalez v. East Los Angeles Sheriffs

District Court, C.D. California · Oct 7, 2019

, and is required to 26 dismiss the case at any time it concludes the action is frivolous or malicious, fails 27 to state a claim on which relief may be granted, or seeks monetary relief against a 28 defendant who is immune … A Section 1983 plaintiff must establish both 23 causation-in-fact and proximate (i.e., legal) causation. See Harper v. City of Los 24 Angeles, 533 F.3d 1010, 1026 (9th Cir. 2008).

Florena Fortenberry v. Walmart Inc.

District Court, C.D. California · Mar 29, 2024

There are two ways to establish fraudulent joinder: “(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 … “The language of § 1447(e) is couched in permissive terms and it clearly gives the district court the discretion to deny joinder.” Newcombe, 157 F.3d at 691. b.

Wild v. NBC UNIVERSAL, INC.

788 F. Supp. 2d 1083 · District Court, C.D. California · May 24, 2011

(D) Dialog To establish a claim of substantial similarity based on dialogue, a plaintiff must establish the “extended similarity of dialogue.” Olson v. Nat’l Broad., Co., 855 F.2d 1446 , 1450 (9th Cir.1988). … That Jazan speaks the word “Mother” and Sylar says the word “Mom” hardly qualifies as substantially similar dialog particularly given the context in which the words are spoken.

Cindy Herring v. Californian-Magnolia Convalescent Hospital, Inc.

District Court, C.D. California · Mar 11, 2022

Saldana and Martin clearly reject Defendants’ theory of complete preemption. Defendants’ citations to cases that find complete preemption by the PREP Act of state law claims now hold limited relevance, if any. … These allegations do not necessarily or substantially implicate the regulation of “qualified pandemic or epidemic product[s]” or “security countermeasure[s],” the focus of the PREP Act. 42 U.S.C. §§ 247d-6d(i)(1), (i)(

Roberto Jose Cota v. Santa Ana Police Department

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

But if, after careful analysis, a 28 complaint clearly cannot be cured by amendment, the Court may dismiss 1 without leave to amend. … It generally requires a showing that the plaintiff was “seeking an 17 alternate remedy in an established procedural context.” Acuna v. San Diego 18 Gas & Elec. Co., 217 Cal.

Erica Lynne Dodge v. Martin O'Malley

District Court, C.D. California · Apr 18, 2024

If, at step four, the claimant 9 meets their burden of establishing an inability to perform past work, the 10 Commissioner must show that the claimant can perform some other work that exists 11 in “significant numbers … The treatment records from 22 December of 2019 indicate a concern by Plaintiff about side effects because of a 23 foot surgery she is going to have “soon” and concern that the medication will 24 depress her immune

Renee Suzanne Earnest v. Nancy A. Berryhill

District Court, C.D. California · Dec 18, 2019

An ALJ must clearly identify each statement 21 being rejected and the particular evidence in the record which purportedly 22 undermines the statement. … The State agency medical consultants relied on 3 plaintiff’s essentially normal physical examinations and the lack of evidence that 4 plaintiff’s diagnosis was established in a systematic fashion according to 5 established

Vazquez v. TWC Administration LLC

254 F. Supp. 3d 1220 · District Court, C.D. California · May 4, 2015

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 the … The Court notes, however, that plaintiffs do not cite any authority for the proposition that relatively simply mathematical calculations such as Carr’s can only be proffered by a qualified expert. See Vasserman v.

Eric Jerome Phillips, Jr. v. County of Riverside

District Court, C.D. California · Oct 29, 2020

Allegations of random acts or isolated events are 7 insufficient to establish a municipal custom. … Plaintiff should clearly specify which claims 9 are being asserted against which specific Defendant. Plaintiff strongly is 10 encouraged to keep his statements concise and to omit irrelevant details.

Vu Nguy v. Lapson Luu

District Court, C.D. California · Jan 31, 2023

For example, “Virginia’s anti-SLAPP law provides 25 immunity for statements regarding matters of public concern that would be protected by the First Amendment.” Depp v. Heard, 107 Va. … which provides Defendants with 16 sufficient notice of the allegedly defamatory remarks. 17 Third, Defendants argue that Nguy’s third claim lacks specificity because 18 the Complaint does not clearly

Porch v. MASTERFOODS, USA, INC.

685 F. Supp. 2d 1058 · District Court, C.D. California · Sep 22, 2008

Plaintiff claims that, although he may have nominally received meal breaks, he was not relieved of all duties during those breaks, such that they would qualify as legal meal periods. … Such a rule, however, was clearly not a “restriction” given the number of times that Plaintiff himself ate outside the confines of the on-site cafeteria.

Matthew Epstein v. Andrew Saul

District Court, C.D. California · Nov 4, 2020

An ALJ must clearly identify each subjective 9 || statement being rejected and the particular evidence in the record which 10 || purportedly undermines the statement. … Nor did the ALJ dismiss that plaintiff clearly 16 does experience some pain and physical limitations.

Beverly Hills Regional Surgery Center, L.P. v. Group Hospitalization and Medical Services, Inc.

District Court, C.D. California · Jun 3, 2022

This 18 language gives Defendant an alternative to basing 19 payment on the medical provider’s billed amount. 20 Because this language clearly contradicts Plaintiff … 14 Case 2:22-cv-01217-RSWL-MRW Document 21 Filed 06/03/22 Page 15 of 20 Page ID #:378 1 other international communications simply do not qualify

Eliud Ramirez v. Quad Graphics, Inc.

District Court, C.D. California · May 4, 2023

Ramirez clearly alleges that these comments were illustrative of a broader pattern of conduct; he alleges that Mr. … Even if not, Plaintiff could amend the Complaint to clearly allege that Mr.

Taumu James v. Montgomery L. Warren

District Court, C.D. California · Sep 1, 2021

Jd. at 2. 18 AEDPA clearly states that petitioners must ask the Ninth Circuit for 19 || permission to file a second or successive petition before filing the petition in the 20 | district court. 28 U.S.C. § 2244 … Jd. 16 To establish a gateway claim of actual innocence, petitioner “must show that 17 || in light of all the evidence . . .