Case law

Steven Kurivial v. Princess Cruise Lines Ltd

District Court, C.D. California · Jul 14, 2020

The risk of exposing individuals to COVID-19 is not unique to cruise ships—dquite the contrary, in fact, as restaurants, bars, churches, factories, nursing homes, prisons, and other establishments across the country continue … Setting aside concerns with qualified immunity, the Eleventh Amendment, and the like, can a prisoner recover for NIED against the prison based solely on their proximity to individuals with COVID-19 and their fear of contracting

Sharon Lane v. Princess Cruise Lines Ltd

District Court, C.D. California · Jul 14, 2020

The risk of exposing individuals to COVID-19 is not unique to cruise ships—dquite the contrary, in fact, as restaurants, bars, churches, factories, nursing homes, prisons, and other establishments across the country continue … Setting aside concerns with qualified immunity, the Eleventh Amendment, and the like, can a prisoner recover for NIED against the prison based solely on their proximity to individuals with COVID-19 and their fear of contracting

Robert James v. Princess Cruise Lines Ltd

District Court, C.D. California · Jul 14, 2020

The risk of exposing individuals to COVID-19 is not unique to cruise ships—dquite the contrary, in fact, as restaurants, bars, churches, factories, nursing homes, prisons, and other establishments across the country continue … Setting aside concerns with qualified immunity, the Eleventh Amendment, and the like, can a prisoner recover for NIED against the prison based solely on their proximity to individuals with COVID-19 and their fear of contracting

Donna Haas v. Travelex Insurance Services Inc.

District Court, C.D. California · Aug 19, 2021

establish that no material issue of fact remains to be resolved. 24 McGlinchy v. … The case cannot be 19 read as reversing a clearly established circuit practice allowing plaintiffs to plead in 20 the alternative at the earliest stages of litigation. See Cabrales v.

Karena De Leon v. Kilolo Kijakazi

District Court, C.D. California · Mar 15, 2021

Mehta.” 24 7 In RA, “the body’s immune system attacks the lining of the joint capsule, a tough membrane that encloses all the joint parts. … Mehta clearly did not think 8 that these x-rays were inconsistent with his findings of synovitis or deformities or 9 his later opinions concerning Plaintiff’s limitations on using her hands.

Craig Lamell Watley v. Andrew Saul

District Court, C.D. California · Oct 8, 2020

The Commissioner has the 2 || burden of proof at step five —i.e., establishing that the claimant could perform 3 || other work in the national economy. Id. 4 B. … May distribute 19 door checks to patrons temporarily leaving establishment. May count 20 and record number of tickets collected.

William Mendenhall v. Princess Cruise Lines Ltd.

District Court, C.D. California · Jul 14, 2020

The risk of exposing individuals to COVID-19 is not unique to cruise ships—dquite the contrary, in fact, as restaurants, bars, churches, factories, nursing homes, prisons, and other establishments across the country continue … Setting aside concerns with qualified immunity, the Eleventh Amendment, and the like, can a prisoner recover for NIED against the prison based solely on their proximity to individuals with COVID-19 and their fear of contracting

Eugene Camara v. Princess Cruise Lines Ltd.

District Court, C.D. California · Jul 14, 2020

The risk of exposing individuals to COVID-19 is not unique to cruise ships—dquite the contrary, in fact, as restaurants, bars, churches, factories, nursing homes, prisons, and other establishments across the country continue … Setting aside concerns with qualified immunity, the Eleventh Amendment, and the like, can a prisoner recover for NIED against the prison based solely on their proximity to individuals with COVID-19 and their fear of contracting

Anita Hull v. Nancy A. Berryhill

District Court, C.D. California · Sep 24, 2019

Cal. 2008) (ALJ is not 25 qualified to extrapolate functional limitations from raw medical data); Afanador v. 26 Barnhart, 2002 WL 31497570, at *4 (N.D. Cal. … Her 15 statement in the questionnaire that she “could not function” was clearly not meant 16 to be taken literally; in the same questionnaire, plaintiff also wrote she could wash 17 dishes and could walk short distances

Dennis Dale Catchings v. City of Santa Monica

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

An Adequate Record For Review Plaintiff has previously filed numerous civil rights cases for money damages in the Central District of California clearly challenging the validity of his … Hartmarx Corp., 496 U.S. 384, 395 (1990) (district court can impose sanctions after plaintiff voluntarily dismisses action because “[i]t is well established that a federal court may consider collateral issues after an

Michael Piasecki, Sr. v. Princess Cruise Lines, Ltd.

District Court, C.D. California · Jul 14, 2020

The risk of exposing individuals to COVID-19 is not unique to cruise ships—dquite the contrary, in fact, as restaurants, bars, churches, factories, nursing homes, prisons, and other establishments across the country continue … Setting aside concerns with qualified immunity, the Eleventh Amendment, and the like, can a prisoner recover for NIED against the prison based solely on their proximity to individuals with COVID-19 and their fear of contracting

David Stramel v. Princess Cruise Lines Ltd.

District Court, C.D. California · Jul 14, 2020

The risk of exposing individuals to COVID-19 is not unique to cruise ships—dquite the contrary, in fact, as restaurants, bars, churches, factories, nursing homes, prisons, and other establishments across the country continue … Setting aside concerns with qualified immunity, the Eleventh Amendment, and the like, can a prisoner recover for NIED against the prison based solely on their proximity to individuals with COVID-19 and their fear of contracting

Laura K. Dunbar v. USAA Casualty Insurance Company

District Court, C.D. California · May 14, 2021

Judgment on the pleadings is appropriate 14 “when the moving party clearly establishes on the face of the pleadings that no 15 material issue of fact remains to be resolved and that it is entitled to judgment … The answer is clearly affirmative.

Columbia Pictures Industries, Inc. v. Alejandro Galindo

District Court, C.D. California · Nov 18, 2022

Streaming a copyrighted work over the 8 Internet qualifies as public performance. See, e.g., William F. … See id. 13 Finally, the Court finds that the fourth element of causation is clearly met.

Anthony M. Watson v. Dr. Laura Sprague

District Court, C.D. California · Oct 3, 2019

. §§ 1915 and 1915A and is required to 27 dismiss the case at any time if it concludes the action is frivolous or malicious, fails to 1 defendant who is immune from such relief. 28 U.S.C. §§ 1915(e)(2)(B), 1915A; see … At most, Watson asserts a difference in medical judgment in defendant 3 Sprague’s choice not to provide the screening test, which is insufficient to establish 4 deliberate indifference.

Quinn S. Bass v. San Bernardino County Sheriffs Dept.

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

1915 and is required to dismiss the case at any time if it 5 concludes the action is frivolous or malicious, fails to state a claim on which relief may 6 be granted, or seeks monetary relief against a defendant who is immune … Proof of random acts or isolated events is insufficient to 21 establish a custom or practice. Thompson v. City of L.A., 885 F.2d 1439, 1444 (9th 22 Cir. 1989).

AIDS Healthcare Foundation v. California Department of Health Care Services

District Court, C.D. California · Nov 28, 2022

Code § 815)); see also Idaho, 794 F.3d at 1046 (recognizing Tribal sovereign immunity 9 “would likely bar State from recovery monetary damages incurred during course of” litigation.) … However, as AHF’s counsel highlighted during the hearing, of 10 the 811 enrollees, only 28 will qualify for similar ECM care, leaving the remaining enrollees without 11 a benefit that they had been receiving under the

Garza v. County of Los Angeles, Cal.

756 F. Supp. 1298 · District Court, C.D. California · May 14, 1991

In 1970, the California Supreme Court held that Article II, Section 1 of the Constitution of California violated the equal protection clause of the Fourteenth Amendment by conditioning the right of persons otherwise qualified … The five district structure clearly provides an advantage to incumbents and requires significant financial expenditures to run a successful campaign. 411.

Duane Folke v. City of Los Angeles

District Court, C.D. California · Nov 4, 2021

Thus, Folke fails to allege the unreasonable search in his Fourth 4 Arrest caused any damages beyond the Arrest itself and the resulting conviction. 5 Folke’s claims also clearly challenge the validity of … Sept. 25, 2018) (finding that a judgment followed by a 7 section 1203.4 dismissal nevertheless qualifies as a conviction under Heck), aff’d, 816 8 F.

Sahra M. v. Andrew M. Saul

District Court, C.D. California · Oct 8, 2020

The 9 || Commissioner has the burden of proof at step five — 7.e., establishing that the 10 | claimant could perform other work in the national economy. Id. 11 B. … An ALJ must clearly identify each subjective 8 || statement being rejected and the particular evidence in the record which 9 || purportedly undermines the statement.