Case law

Tonyette N. Devito Ortiz v. Martin J. O Malley

District Court, C.D. California · May 21, 2025

(Id. at 16.) 1 2 qualified specialists are considered acceptable medical sources. See 20 C.F.R. § 3 404.1502. … We need not decide 22 whether those regulations constitute ‘intervening higher authority’ that is ‘clearly 23 irreconcilable’ with our precedent.”). 24 Regardless, the Court notes

Karla Villa v. Applied Medico-Legal Solutions Risk Retention Group Inc

District Court, C.D. California · Aug 28, 2023

The blanket Arbitration Provision states that “[a]ny dispute between you and 7 us relating to this policy will be resolved by arbitration in accordance with the rules and procedures 8 established by the American Arbitration … Put 8 differently, whether the court or the arbitrator decides arbitrability is “‘an issue for judicial 9 determination unless the parties clearly and unmistakably provide otherwise.’”

Richard B. Goldstein v. Nancy A. Berryhill

District Court, C.D. California · Aug 5, 2019

If the claimant meets 13 this burden, a prima facie case of disability is established. Id. … established that [the claimant] 17 did not have a medically severe impairment or combination of impairments.”

Kimberly Banks v. R.C. Bigelow, Inc.

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

Thus, Plaintiffs  27  have established typicality.  1  4. … Nonetheless,  22  Plaintiffs clearly reviewed the pleadings and understand the basis for their claims. See,  23  e.g., Banks Depo 91:11; Cantwell 22:1. 

Jose Zermano v. Nancy A. Berryhill

District Court, C.D. California · Jan 28, 2020

The ALJ properly qualified Dr. … Khater’s conclusion is clearly at odds with her finding that 24 Plaintiff had some restrictions in his abilities to lift, carry, stand, walk, and be exposed to 25 unprotected heights, however mild.

Conrad Jason Lee v. Nancy A. Berryhill

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

“To find that a hand-held assistive device is medically required, 25 || there must be medical documentation establishing the need for a hand-held assistive 26 || device to aid in walking or standing, and describing the … However, Dr. 28 || Georgis qualified his conclusions because he had not had the chance to review most 1 || of Plaintiff's medical records: he had not seen any EMG studies (AR 1035, 1036) 2 || or indeed any medical records

Keith Huckaby v. CRST Expedited, Inc.

District Court, C.D. California · Apr 1, 2025

Those who qualify for this class are “Class Members.” 24 Huckaby now moves for partial summary judgment. (Pl. Mot. Summ. J. 25 (“PMSJ”), ECF No. 108.) … (Reply ISO DMSJ 3, ECF No. 126.) 20 Indeed, the Wage Verifications clearly provide for a rate enhancement when a load is 21 booked as Hazardous Materials.

Angelica Limcaco v. Steve Wynn

District Court, C.D. California · Oct 29, 2021

The Court notes that the 27 source of Buckley’s and Sinatra’s biographies are not 28 clearly ascertainable. … RICO Standing 2 “To allege civil RICO standing under 18 U.S.C. 3 § 1964(c), a plaintiff must show: (1) that his alleged 4 harm qualifies

Brian Bagwell v. CBS Broadcasting Inc

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

Being transferred to Hackman where Plaintiff was not assigned any work is clearly a substantial and detrimental change that may well affect his promotion opportunities. … adequately alleged a willful violation of Section 210, the Court would need to consult more than just “a calendar,” see Opp’n to MTD at 19; it would need to determine which position Plaintiff was qualified

Theresa Tailford v. Experian Information Solutions, Inc.

District Court, C.D. California · May 12, 2020

Under Section 1681g, consumer reporting agencies are required to clearly and accurately provide consumers with all “information in the consumer’s file” upon their request subject to certain exceptions. … “A consumer, or credit, report is a CRA-prepared report that a CRA issues to third parties for certain qualifying purposes.” Id. at 755, n.3.

Arthur Calloway v. Nancy A. Berryhill

District Court, C.D. California · Oct 23, 2019

(citing Garrison v. 20 || Colvin, 759 F.3d 995, 1015 n.20 (9th Cir. 2014) (“[W]e doubt that epidural steroid 21 || shots to the neck and lower back qualify as ‘conservative’ medical treatment.”)); 22 || Bradley v. … But these facts also fail to establish clearly and convincingly that Plaintiffs 17 || treatment was conservative. 18 In the first place, the absence of a surgery recommendation is not dispositive 19 || of whether

Pierce v. County of Orange

761 F. Supp. 2d 915 · District Court, C.D. California · Jan 7, 2011

“Food Services” is a class offered at Musick and Theo Lacy, but not at the IRC or the MCJ, ostensibly because the County has trouble finding qualified instructors. (Trial Tr. 821:11-822:14.) … The Ninth Circuit clearly set out the framework for the Court’s inquiry: In ADA cases, the plaintiff bears the burden of establishing the elements of the prima facie case, including — if needed — “the existence of a reasonable

ANL Singapore PTE LTD v. Prime Shipping International, Inc.

District Court, C.D. California · Aug 15, 2019

Counsel have an obligation to lay out their support clearly. Carmen v. San Francisco Sch. Dist., 237 F.3d 231026, 1031 (9th Cir. 2001). … The bill of lading, however, clearly states 11 that ANL’s obligations cease once the cargo is delivered into 12 Customs’ custody.

Brian T. Hill v. Ralph Diaz

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

A Section 1983 16 plaintiff must establish both causation-in-fact and proximate (i.e., legal) causation. M7 See Harper v. … P. 8(d)(1)); (e) set forth clearly 26 the sequence of events giving rise to the claim(s) in sequentially “numbered paragraphs, each 27 limited

Michael Lebow v. Huston Buick GMC Cadillac Inc

District Court, C.D. California · Oct 13, 2022

facilitated the illegal use of his identity to 4 purchase the automobile from Defendant and obtain financing, and Plaintiff therefore qualifies … Defendant ignored any and all red flags clearly indicating that the person making the 3 purchase was not actually Plaintiff and did so all for the sake of profit. 4

Evox Productions LLC v. Yahoo, Inc.

District Court, C.D. California · Jul 28, 2023

Evid. 402. 26 Federal Rule of Evidence 401 prescribes what evidence qualifies as relevant. Fed. R. Evid. 401. … Further, on a broader 3 level, Evox argues that Yahoo was clearly aware that Evox’s claims necessarily rested on the 4 theories of distribution and reproduction. Id.

Shari L. v. Frank Bisignano, Commissioner of Social Security Administration

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

Administrative Evaluation of Disability Claims 17 To qualify for disability benefits, a claimant must show that she is … The Commissioner has the burden of proof at step five — 1.¢., establishing that the 14 claimant could perform other work in the national economy. Id. 15 B.

Sherrie Louise Myles v. Kilolo Kijakazi

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

If the claimant meets 14 this burden, a prima facie case of disability is established. Id. … Plaintiff states that the form, 13 however, clearly included Dr.

Apartment Association of Los Angeles County, Inc. v. City of Los Angeles

District Court, C.D. California · Nov 13, 2020

The Moratorium clearly meets this relatively low bar. Despite AAGLA’s 22 urging, this Court does not read Block v. … It has long been established, however, “that economic injury alone does not support a finding of irreparable harm, because such injury can be remedied by a damage award.” 27 Rent-A-Ctr

Construction Laborers Pension Trust for Southern California v. Meketa Investment Group, Inc.

District Court, C.D. California · Aug 5, 2024

BACKGROUND The Pension Fund is a Taft-Harley pension fund that was established pursuant to Section 302(c)(5) of the Labor Management Relations Act, 29 U.S.C. § 186(c)(5). … They contend that defendants do not argue “that ‘controlling authority has since made a contrary decision of the law’ or that the Court’s prior decision was ‘clearly erroneous and would work a manifest injustice’” for the