Case law

James Hughes v. Jackson National Life Insurance Company

District Court, C.D. California · Aug 22, 2025

Thus, in federal court, a plaintiff must establish that he lacks an adequate remedy at law before securing relief under the UCL. … To have standing under the UCL, plaintiffs must now “(1) establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show that that economic injury was the

O.S.C. Corp. v. Apple Computer, Inc.

601 F. Supp. 1274 · District Court, C.D. California · Jan 11, 1985

To do so in this case would virtually immunize a dealer from legitimate, vertically imposed requirements by a manufacturer once a competitor has complained. Cf . GTE Sylvania. 10. … "Restraints solicited by a distributor but implemented by a manufacturer" are per se violations only if they “clearly had, or [were] likely to have a pernicious effect on competition."

Comite International Olympique et al. v. Xiamen Olymate Import and Export Co., Ltd. et al.

District Court, C.D. California · Jun 3, 2026

Defendants offer an empirical survey conducted by defendants’ expert who found that of 204 qualified U.S. consumers shown OlyLife’s principal U.S. … The Court’s injunction enjoins defendants’ clearly infringing uses of the Olympic Marks.!° 10 The Court notes that defendants agree that this limited injunction is appropriate.

Julian Vargas v. Quest Diagnostics Clinical Laboratories, Inc.

District Court, C.D. California · Sep 29, 2023

instruction regarding how to use TFS, but because the volume was low, he had to move 23 closer to the source of the audio to hear the message clearly … The Court finds her well-qualified to opine about accessible technologies, and 28 finds her testimony reliable and helpful.

Everyday Discount, Inc. v. State Farm General Insurance Company

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

He credibly established the findings in his expert report. See Tr. Ex. 47. … To establish this claim, [name of insurer] must prove all of the following:  1.

North American Meat Institute v. Xavier Becerra

District Court, C.D. California · Nov 22, 2019

Bruce Church, Inc., 397 U.S. 137 (1970) because “the burden [it] impose[s] on [interstate] commerce is clearly excessive in relation to the putative local benefits.” Id. at 142. … Bureau of Gambling Control, 356 F. 89, 93 (9th Ci. 2009) (holding that “monetary injuries may be irreparable if Eleventh Amendment sovereign immunity will bar a party from ever recovering

Brian T. Hill v. Ralph Diaz

District Court, C.D. California · Nov 1, 2022

A Section 1983 20 plaintiff must establish both causation-in-fact and proximate (i.e., legal) causation. 21 || See Harper v. … P. 8(d)(1)); (e) set forth clearly the sequence of events giving rise to the claim(s) in sequentially “numbered 25 paragraphs, each limited as far as practicable to a single set of circumstances” (Fed. R. Civ.

Everyday Discount, Inc. v. State Farm General Insurance Company

District Court, C.D. California · Oct 20, 2020

He credibly established the findings in his expert report. See Tr. Ex. 47. … To establish this claim, [name of insurer] must prove all of the following:  1.

Catherine Leigh Ertel v. Nancy A. Berryhill

District Court, C.D. California · Aug 21, 2019

deMayo clearly indicated that 18 Plaintiff’s “memory and concentration issues have been apparent in 19 our ongoing sessions.” … established that 8 [Plaintiff] did not have a medically severe impairment or 9 combination of impairments.”

Shame on You Productions, Inc. v. Elizabeth Banks

120 F. Supp. 3d 1123 · District Court, C.D. California · Aug 14, 2015

“Judgment on the pleadings is proper when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to'judgment as a matter of law.” … Defendants, Garner, and Broken Road also object that Professor McCreeiy is not qualified as an expert and that she employed an improper methodology.

Jerome Eugene Kelly v. E. Mejia

District Court, C.D. California · Feb 25, 2026

Rule 4 permits courts to dismiss claims that are 13 “untimely,” clearly not cognizable,” or unexhausted. Neiss v. … To 10 qualify, a petitioner has the burden to demonstrate (1) that he has been 11 pursuing his rights diligently, and (2) that an “extraordinary circumstance” 12 stood in his way that prevented him from timely filing

Jerome Eugene Kelly v. E. Mejia

District Court, C.D. California · Feb 25, 2026

Rule 4 permits courts to dismiss claims that are 13 “untimely,” clearly not cognizable,” or unexhausted. Neiss v. … To 10 qualify, a petitioner has the burden to demonstrate (1) that he has been 11 pursuing his rights diligently, and (2) that an “extraordinary circumstance” 12 stood in his way that prevented him from timely filing

Maria P. Castanon Arteaga v. Kilolo Kijakazi

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

The 8 || Commissioner has the burden of proof at step five — i.e., establishing that the 9 || claimant could perform other work in the national economy. Id. 10 B. … An ALJ must clearly identify each subjective 19 || statement being rejected and the particular evidence in the record which 20 || purportedly undermines the statement.

Shaylene M. Hilliard v. Kilolo Kijakazi

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

Administrative Evaluation of Disability Claims 9 To qualify for disability benefits, a claimant must show that she is unable 10 “to engage in any substantial gainful activity by reason of any medically … The 9 Commissioner has the burden of proof at step five – i.e., establishing that the 10 claimant could perform other work in the national economy. Id. 11 B.

Kawanti N. Lisby v. Andrew Saul

District Court, C.D. California · Jan 21, 2021

The 25 || Commissioner has the burden of proof at step five —i.e., establishing that the 26 || claimant could perform other work in the national economy. Id. 27 | /// 28 | /// 1 B. … An ALJ must clearly identify each subjective 15 || statement being rejected and the particular evidence in the record which 16 || purportedly undermines the statement.

Alvaro G Montero v. Andrew M. Saul

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

Disability 4 A person qualifies as disabled, and thereby eligible for such benefits, “only if his 5 physical or mental impairment or impairments are of such severity … The VE’s testimony is 11 clearly inconsistent with Plaintiff’s hearing testimony, which described a gas servicer job 12 at a medium level with constant kneeling.

Griffin v. Green Tree Servicing, LLC

166 F. Supp. 3d 1030 · District Court, C.D. California · Apr 9, 2015

It stated: “Here, because defendants allegedly agreed to consider modification of the plaintiffs’ loans, the Biakanja factors clearly weigh in favor of a duty. … Griffin asserts that BofA and Green Tree fraudulently represented they were “ready, willing and able to work with [her] to ascertain whether she could qualify to modify her existing loan so as to enable [her] to bring her

Daniel Wayne Grogan v. California Department of Corrections

District Court, C.D. California · Mar 25, 2022

Id. at 418 (finding that the petitioner was not entitled to 15 equitable tolling, because he had not established the requisite diligence). … In any event, the Court need not resolve the foregoing question in this case, because regardless of 28 whether or not an “at fault” ASU placement qualifies as an extraordinary circumstance as an abstract matter,

Raymond Lowell Scott v. Kilolo Kijakazi

District Court, C.D. California · Aug 12, 2022

Barnhart, 400 F.3d 676, 679 (9th Cir. 2005) (citation omitted). 12 || The Commissioner has the burden of proof at step five — i.e., establishing that the 13 | claimant could perform other work in the national economy. … See AR 72-73, 81-82 8 (explaining, “[Claimant] alleges anxiety; there is no medical evidence to establish 9 MDI [medically determinable impairment].

Lourdes Castellanos v. Andrew Saul

District Court, C.D. California · May 25, 2020

The 3 || Commissioner has the burden of proof at step five — 7.e., establishing that the 4 || claimant could perform other work in the national economy. Id. … An ALJ must clearly identify each subjective 6 || statement being rejected and the particular evidence in the record which 7 || purportedly undermines the statement.