Case law

Anthony M. Watson v. Dr. Laura Sprague

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

and is required to 5 dismiss the case at any time if it concludes the action is frivolous or malicious, fails to 6 state a claim on which relief may be granted, or seeks monetary relief against a 7 defendant who is immune … Hence, at most, Watson asserts a difference in 23 medical judgment in the Defendants’ decision not to provide the screening test, which 24 is insufficient to establish deliberate indifference.

Irene Infante v. Nancy A. Berryhill

District Court, C.D. California · Aug 29, 2019

Administrative Evaluation of Disability Claims 13 To qualify for disability benefits, a claimant must show that she is unable 14 “to engage in any substantial gainful activity by reason of any medically … Hence, when reviewing an ALJ’s findings at step two, the district 2 court essentially “must determine whether the ALJ had substantial evidence to find 3 that the medical evidence clearly established that [the claimant]

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

Adel F. Samaan v. Aetna Life Insurance Company

District Court, C.D. California · Aug 30, 2019

Plaintiff’s access to the evidence needed to show that his patients assigned him their right to Plan benefits is clearly better than Defendants’ access. … “[T]he deemer clause qualifies the scope of the saving clause . . . .” Williby, 867 F.3d at 1135.

Liberty Mutual Fire Insurance Company et al. v. LX Hausys America, Inc.

District Court, C.D. California · Mar 31, 2026

Accordingly, plaintiffs argue that under California law, such alleged bodily injury caused by the release of irritants or contaminants— including metals, volatile organic compounds (“VOCs”), and silica—in this manner qualifies … Thus, the Total Pollution Exclusions does not clearly eliminate coverage for the alleged injuries. See Nat’] Foam, 768 F.

California Surgery Center, Inc. v. Unitedhealthcare, Inc.

District Court, C.D. California · Feb 18, 2020

The Designating Party shall have the burden on any Designation Motion of 17 establishing the applicability of its “Confidential” or “Attorney-Eyes Only” 18 designation. … When seeking the Court’s approval for an under-seal filing, the 21 submitting party shall comply with the procedures established in Local Rule 79- 22 5.2.2(a).

C.H. Belt and Associates, Inc. v. Passport Foods SVC, LLC etal

District Court, C.D. California · Feb 20, 2024

Belt’s reasonable efforts to serve Soltani with 25 process, the record does not clearly indicate that Soltani was aware of this lawsuit, was intentionally avoiding this litigation, or that he acted in bad faith … Procedural Requirements 15 Central District Local Rule 55-1 establishes that parties moving for default 16 judgment must submit a declaration establishing (1) when and

Christine Louise Wells v. Andrew Saul

District Court, C.D. California · Sep 1, 2020

If the claimant meets 13 this burden, a prima facie case of disability is established. Id. … Press’ treatment note, which clearly reflects that plaintiff complained that 28 1 id. at 291, 292).]

United States ex rel. Modglin v. DJO Global Inc.

114 F. Supp. 3d 993 · District Court, C.D. California · May 8, 2015

June 14, 2012) (“Judge Chen previously dismissed Plaintiffs claim for intentional infliction of emotional distress with prejudice on the basis that the Brand is immune from this state tort law claim.... … Rather, defendants clearly contend that relators have failed to allege facts concerning their purported off-label marketing with the specificity demanded by Rule 9(b).

Evan Thomas Blok v. Michelle King

District Court, C.D. California · Aug 28, 2025

Administrative Evaluation of Disability Claims 17 To qualify for disability benefits, a claimant must show that he is unable “to 18 engage in any substantial gainful activity by reason of any medically … The 19 | Commissioner has the burden of proof at step five —i.e., establishing that the 20 | claimant could perform other work in the national economy. Id. 21 B.

Federal Trade Commission v. Seek Capital, LLC

District Court, C.D. California · Sep 30, 2025

Cal. 2008) (noting that “harm need not be monetary to qualify as injury” and finding that time consumers spent contesting unauthorized checks and “attempting to get their money back” contributed to substantial injury). … Common Enterprise Liability The FTC moves to establish that Seek has acted as a common enterprise.

Alicia Perez v. Lincoln National Life Insurance Company

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

For this benefit, Total Disability or Totally Disabled means an Insured Person: (1) is unable, due to sickness or injury, to engage in any employment or occupation for which such Insured Person is or becomes qualified by … While the Court’s de novo review is ordinarily limited to the administrative record, additional evidence may be considered if “circumstances clearly establish that additional evidence is necessary to conduct an adequate

E.H. v. Valley Christian Academy

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

Here that purpose is clearly to eliminate 3 discrimination in programs or activities benefitting from federal financial assistance. … However, E.H. fails 4 to cite to any case law indicating that if an establishment opens itself up to the public, it is 5 necessarily a “business establishment” under the Unruh Act.

County of Orange v. Fuji Securities, Inc.

31 F. Supp. 2d 768 · District Court, C.D. California · Dec 16, 1998

First, the provision is meant to establish “the ‘pay as you go’ principle as a cardinal rule of municipal finance.” Westbrook v. … State Univ. & Colleges, 33 Cal.3d 211, 219 , 188 Cal.Rptr. 115 , 655 P.2d 317 (1982) (“[I]f the Legislature had intended to limit the statute’s reach, it would have clearly said so”).

Velvet Lovette Jackson King v. Kilolo Kijakazi

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

If, 9 at step four, the claimant meets her burden of establishing an inability to perform past 10 work, the Commissioner must show that the claimant can perform some other work 11 that exists in “significant numbers … Levine’s opinion—the ALJ clearly erred.

Albert Castro v. Nancy A. Berryhill

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

Webb, 433 F.3d at 686 (quoting Smolen, 80 F.3d at 1290). 21 The ALJ “may find that a claimant lacks a medically severe impairment or combination 22 of impairments only when [that] conclusion is ‘clearly established by … Colvin, 775 F.3d 1133, 1140 (9th Cir. 2014). 13 However, “only licensed physicians and certain other qualified specialists are considered 14 ‘[a]cceptable medical sources.’” Molina v.

Rachel Padilla v. Louis DeJoy

District Court, C.D. California · Jan 2, 2024

Thus, plaintiff cannot establish a prima facie case of age discrimination based on the LOW. … To establish a claim for retaliation, plaintiff must establish that (1) she engaged in a protected activity pursuant to Title VII; (2) defendant subjected her “to an adverse employment action”; and (3) a causal link exists

Felica Ann Calloway v. Kilolo Kijakazi

District Court, C.D. California · Jun 30, 2022

An ALJ must clearly identify each subjective 4 || statement being rejected and the particular evidence in the record which 5 || purportedly undermines the statement. … The ALJ clearly did not credit all of plaintiff’s testimony or she would have found plaintiff disabled.

Perez v. Chater

17 F. Supp. 2d 1115 · District Court, C.D. California · May 2, 1997

The expert explained that the job of information clerk (for which he gave DOT number 237.367-022) involved sitting at an establishment, answering questions, and pqssibly distributing leaflets or pamphlets. (A.R. 91.) … He clearly felt that her subjective symptoms would not prevent her from holding a job that was otherwise compatible with her functional limitations.

Joanne M. Warren v. Martin O'Malley

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

Grossman responded to a request to review a Panel 27 Qualified Medical Evaluation report from Dr. … From this, he concluded that Plaintiff’s 6 daily activities “are consistent with the level of activity associated with the 7 established residual functional capacity.” (AR 21.)