Case law

Tanya Rashona Denham v. Andrew Saul

District Court, C.D. California · Sep 8, 2022

The 12 || Commissioner has the burden of proof at step five — i.e., establishing that the 13 | claimant could perform other work in the national economy. Id. 14 B. … An ALJ must clearly identify each subjective 7 || statement being rejected and the particular evidence in the record which 8 || purportedly undermines the statement.

Nakia Mcclain v. Kilolo Kujakazi

District Court, C.D. California · Jun 23, 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. … An ALJ must clearly identify each subjective 25 3Social Security Ruling 16-3p superseded SSR 96-7p and, in part, eliminated use of the 26

Rose Munoz v. Andrew Saul

District Court, C.D. California · Sep 10, 2020

Kohm’s 9 September 2015 assessment were not “clearly inconsistent” with the 10 RFC. (AR 24). At the same time, the ALJ expressly stated: “I do 11 not find [Dr. … Heard’s notation qualifies as a “medical opinion” 7 under 20 C.F.R. § 404.1527, which defines “medical opinions” as 8 “statements from acceptable medical sources that reflect judgments 9 about the nature

Henry Perez v. Andre M. Saul

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

The 2 || Commissioner has the burden of proof at step five — i.e., establishing that the 3 || claimant could perform other work in the national economy. Id. 4 B. … An ALJ must clearly identify each subjective 6 || statement being rejected and the particular evidence in the record which 7 || purportedly undermines the statement.

Danny L. Ray II v. Nancy A. Berryhill

District Court, C.D. California · Jan 17, 2020

If the claiman meets this burden, a prima facie case of disability is established. Id. … At best, this October 5, 2015, treatment record reflects that plaintiffs knee and ankle pain has been treated by cortisone injections, bu' 19] also clearly reflects that plaintiff did “c/o [complain of] . . . continued

Estela Escarcega v. Verdugo Vista Operating Company, LP

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

In other words, MAOs are private insurance companies that contract with CMS to provide MA plans to qualified beneficiaries in exchange for monthly fees from Medicare. See Phillips v. Kaiser Found. … As such, the Court finds that Regal “clearly” has colorable federal defenses of preemption and exhaustion. Inchauspe, 2018 WL 566790, at *4.

Hope Medical Enterprises, Inc. v. Fagron Compounding Services, LLC

District Court, C.D. California · Jul 7, 2020

In that case, a pharmaceutical manufacturer, Allergan, sued a cosmetics company, Athena, based on Athena’s marketing, distributing, and selling, without regulatory approval, products that qualify as drugs. … gave rise to SCUTPA claim based on allegations that manufacturers’ product was a counterfeit that violated FDA regulations and reasoning that plaintiffs “have alleged that [d]efendants have acted in a manner which 1s clearly

Lindsey C. F. v. Frank Bisignano, Commissioner of Social Security Administration

District Court, C.D. California · Jan 20, 2026

Administrative Evaluation of Disability Claims 14 To qualify for disability benefits, a claimant must show that she is unable 15 “to engage in any substantial gainful activity by reason of any medically … The 14 | Commissioner has the burden of proof at step five — i.e., establishing that the 15 | claimant could perform other work in the national economy. Id. 16 B.

Susan S. E. Vonsclobohm v. County of Los Angeles

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

They argue this case is 13 barred against them by absolute judicial immunity and generally by Younger 14 Abstention. [Id., pp. 6-9]. … While Plaintiff has not clearly acted in good faith, the Court declines to 1 decide that she has acted in bad faith.

Martha Pedroza v. United States

District Court, C.D. California · Sep 27, 2021

De Rosas from clearly seeing what was in front of his 16 vehicle. … (D2 V2 15:7-15.) 17 18 The medical evidence presented at trial establishes that Plaintiff’s right shoulder 19 injury

Shizhe Shen v. Irene Martin

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

“To qualify as a bona fide 16 marriage, a marriage must be based on an actual and legitimate 17 relationship and the focus of any inquiry is whether the parties 18 intended to establish a life together … In reviewing the totality of the evidence, USCIS noted 15 that Yu’s current marriage to Shen had been established as bona 16 fide. (1 CAR 129).

Tanesia Monique Hare v. Kilol Kijakazi

District Court, C.D. California · Jul 25, 2023

Admin., 616 F.3d 1068, 1069 (9th Cir. 2010) 1 III. 2 STANDARD FOR EVALUATING DISABILITY 3 To qualify for benefits … If a claimant meets her burden at step four by 8 establishing an inability to perform past work, the Commissioner must show that the 9 claimant can perform other work available in “significant numbers” in the national

Vida Enterprise Corporation v. Angelina Swan Collection, Inc.

District Court, C.D. California · Apr 11, 2023

“When this controlling troika or 9 internet trinity . . . does not clearly indicate a likelihood of consumer confusion, a 10 district court can conclude the infringement analysis only by balancing all the 11 … Mar. 2023 20 update). 21 Here, each of Vida’s individual marks—ANGELINA and SWAN—qualifies as 22 arbitrary.

Marshall v. Marshall (In Re Marshall)

275 B.R. 5 · District Court, C.D. California · Mar 7, 2002

Marshall, or any § 170(b)(1)(A) organization for the beneficiary of any established in the instrument. … ELEMENTS OF TORTIOUS INTERFERENCE WITH AN INTER VIVOS GIFT Although Texas law does not specify the elements of a cause of action for tortious interference with an expectancy, other jurisdictions have clearly delineated the

Lisa Vargas v. County of Los Angeles

District Court, C.D. California · Feb 27, 2023

Federal Rule of Evidence 401 prescribes what evidence qualifies as relevant. FED. R. 11 EVID. 401. … Federal Rule of Evidence 704 Standard 17 It is well-established, however, that expert testimony concerning an ultimate issue is not per 18 se improper. See e.g., Shad v.

The Sunset Landmark Investment, LLC v. Chubb Custom Insurance Company

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

For example, while the damages experts were qualified and well-prepared, the 8 Court views the testimony of Dr. … Andrade was qualified and well-prepared. He was an impressive expert 28 who clearly explained his methodology and analysis.

John Cephas Young v. Levert

District Court, C.D. California · Apr 20, 2021

and is required to dismiss the case at any time if it 19 concludes the action is frivolous or malicious, fails to state a claim on which relief may 20 be granted, or seeks monetary relief against a defendant who is immune … Proof of random acts or isolated events is insufficient to 20 establish a custom or practice. Thompson v. City of L.A., 885 F.2d 1439, 1444 (9th 21 Cir. 1989).

Jian Zhou v. Faraday Future Intelligent Electric Inc.

District Court, C.D. California · Oct 20, 2022

Defendants argue that, while Glasman and Jia served as officers of Legacy Faraday and Faraday, this status is insufficient, on its own, to establish a defendant as the maker of a statement. Id. (citing Hampton v. … Here, the Section 14(a) claim “clearly sounds in fraud,” Desaigoudar, 233 F.3d at 1022 n.5.

Cap Export, LLC v. Zinus, Inc.

District Court, C.D. California · Jun 2, 2021

footboard.” 6  Whether the bed in the Inspection Report was publicly used for its 7 intended purpose at a tradeshow, sold at a “commercial price,” or subject 8 to a “commercial sale,” such that it qualifies … But as clearly depicted, Step 6 directs attaching the “centre 3 support rails” (i.e., the two-pieced longitudinal bar) to the headboard and 4 footboard as shown below.75 In the pictorial directions, item 4 depicts the

Tyler Armes v. Austin Richard Post

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

cannot conclude that, as a matter of law, Armes did not 19 make an original contribution to the Session Composition. 20 The same conclusion applies to the lead guitar line, and perhaps even more 21 clearly … Thus, 6 even if Armes’s contribution—as its own standalone three-bar phrase—might not 7 qualify as original, the same three-bar phrase coupled with Armes’s idea to include it 8 after Post’s contribution