Case law

Johnson v. Udall

292 F. Supp. 738 · District Court, C.D. California · Oct 22, 1968

This relief is clearly within the power of the Court to grant. … The Secretary’s ruling was inconsistent with his own regulation and was therefore clearly wrong and should be corrected.

Berry v. Baca

226 F.R.D. 398 · District Court, C.D. California · Feb 16, 2005

But should the County’s administration of processing releases result in long delays, it is not immune from allegations that, in practice, the system amounts to a policy of deliberate indifference to the detainee’s constitutional … For example, the plaintiffs may offer evidence in the form of declarations made by former detainees who qualify as class members. During oral argument on this motion, Mr.

Federal Sav. and Loan Ins. Corp. v. Sajovich

642 F. Supp. 74 · District Court, C.D. California · Feb 20, 1986

Clearly, had Congress intended the proviso to restrict agency jurisdiction as well, it would have so provided. … This apparent ambiguity is eliminated by the very fact that agency jurisdiction is immune from the impact of the proviso.

Petersen v. Costco Wholesale Co.

312 F.R.D. 565 · District Court, C.D. California · Jan 25, 2016

To be adequate, plaintiffs’ counsel must be qualified, experienced, and generally able to conduct the proposed litigation. See Lerwill v. Inflight Motion Pictures, Inc., 582 F.2d 507, 512 (9th Cir.1978). … Plaintiffs have retained qualified and experienced counsel who will adequately represent the interests of the class members and will prosecute the action vigorously on their behalf.

Johnson v. First Colony Life Insurance

26 F. Supp. 2d 1227 · District Court, C.D. California · Nov 10, 1998

Clearly, it does not. Thus, plaintiffs have failed to prove that the nonassignability clause is unenforceable. … To qualify for this exclusion from taxation, the assignment of the liability must be a "qualified assignment,” which means that the periodic payments "cannot be accelerated, deferred, increased, or decreased by the recipient

Continental Contract Carrier Corp. v. United States

311 F. Supp. 390 · District Court, C.D. California · Mar 18, 1970

The plaintiff’s evidence to establish distinct need. … With respect to the rate-related effects, it stated that: “Clearly protestants, in order to participate in shipper’s traffic, are willing at least to consider establish *398 ing rates lower than the rates which shipper understands

Sheikh v. United States Department of Homeland Security

685 F. Supp. 2d 1076 · District Court, C.D. California · Dec 15, 2009

Thus, USCIS clearly has an established and specific policy by which it evaluates humanitarian reinstatement. … Only certain family members qualify under this section, including but not limited to, parents, spouses, siblings, children, and grandchildren. 8 U.S.C. § 1183a(f)(5)(B). 6 .

Santa Fe Springs Realty Corp. v. City of Westminster

906 F. Supp. 1341 · District Court, C.D. California · Oct 20, 1995

ordinance, regulation, custom, or usage, of any State ..., subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … In this case, the City attempted to rely upon a “proposed” plan that would have required the plaintiff to “clearly demonstrate” that its establishment would have “no significant detrimental impacts upon the City and its residents

Laborde v. Regents of the University of California

495 F. Supp. 1067 · District Court, C.D. California · May 19, 1980

The statistical evidence presented here establishes a prima facie case. The evidence established a shortage of women with respect to numbers on the faculty, academic rank, promotion to tenure, and salaries. … Plaintiff simply failed to prove she was qualified for promotion. Since plaintiff failed in her proof to establish a violation of Title VII, plaintiff’s claim for relief on all counts must be dismissed.

Skot Heckman v. Live Nation Entertainment, Inc.

District Court, C.D. California · Aug 8, 2025

If only a portion of the material on a 5 page qualifies for protection, the Producing Party also must clearly identify the 6 protected portion(s) (e.g., by making appropriate markings in the margins). … If only a portion 27 of the material on a page qualifies for protection, the Producing Party also must clearly 1 identify the protected portion(s) (e.g., by making appropriate markings in the 2 margins).

Thoa Thi Le v. Astrue

540 F. Supp. 2d 1144 · District Court, C.D. California · Feb 4, 2008

Apfel, 236 F.3d 503, 515 (9th Cir.2001) (“A job qualifies as past relevant work only if it involved substantial gainful activity.”). … “If, on the other hand, it is clearly established that the self-employed person is not engaging in SGA on the basis of significant services and substantial income (i.e., the first test), both the second and third tests concerning

Haffke v. California

325 F. Supp. 544 · District Court, C.D. California · Mar 23, 1971

Respondent argues that it has been well established since the case of Hans v. … Other circuit courts too have noted that “the right of a state to prosecute a felony charge on the basis of an information drawn and filed in conformity with state law is clearly established.” Wessling v.

Watson v. County of Riverside

976 F. Supp. 951 · District Court, C.D. California · Sep 5, 1997

There is some dispute as to when the administrative and criminal investigations actually began, but persuasive uncontroverted evidence establishes that defendants Lt. … Further, his attorney could have advised him that before writing the report, he might seek immunity or at least transactional immunity from the state and federal criminal prosecutorial authorities precluding any criminal

United States v. $186,416.00 in U.S. Currency

527 F. Supp. 2d 1103 · District Court, C.D. California · Aug 10, 2007

UMCC argues that Feil’s state court declaration, made to establish “standing” for purposes of having its property returned, should be afforded Simmons immunity in this action. … What Taylor must have wanted is a form of immunity paralleling that established in Simmons ....

Arcilla v. Adidas Promotional Retail Operations, Inc.

488 F. Supp. 2d 965 · District Court, C.D. California · May 4, 2007

Critzer, 498 F.2d 1160 (4th Cir.1974), which noted that “when the law is vague or highly debatable, a defendant, actually or imputedly, lacks the requisite intent to violate it” and a qualified *972 immunity case, Anderson … Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987), which noted that a right must be “clearly established” in order to impose liability in an action under 42 U.S.C. § 1983 .

Niu v. United States

821 F. Supp. 2d 1164 · District Court, C.D. California · Oct 11, 2011

The injunction is clearly in the public interest as well. If Dr. … These two facts qualify Dr. Niu as an internationally recognized researcher in genetics. See 8 C.F.R. § 204.5 (i)(3)(i)(E)-(F). Dr.

Vac Activ Marcin Lesniak, a Poland sole proprietorship; VABody, a California corporation, and Marcin Lesniak, an individual v. Nick Lakhomoff, an individual; and Slim Wellness Studio LLC, a California limited liability company

District Court, C.D. California · Aug 14, 2026

If only a 12 portion of the material on a page qualifies for protection, the Producing Party also 13 must clearly identify the protected portion(s) (e.g., by making appropriate markings 14 in the margins). … If only a portion of the material on a page qualifies for protection, 18 the Producing Party also must clearly identify the protected portion(s) (e.g., by 19 making appropriate markings in the margins).

Trustees of the Operating Engineers Pension Trust v. Smith-Emery Company

District Court, C.D. California · Oct 28, 2019

For all of these reasons, the Court finds that the counterclaim requesting a declaration establishing the Illegality Defense quite clearly arises out of the “same transaction, or series of transactions” as the preceding … Because this “most important” factor is clearly established, Karr, 994 F.2d at 1430, the Court concludes that it is “outcome determinative” of the first res judicata element. Mpoyo, 430 F.3d at 987-88.

Tatung Co. v. Shu Tze Hsu

217 F. Supp. 3d 1138 · District Court, C.D. California · Nov 14, 2016

Agent’s Immunity Rule The agent’s immunity rule is described at length in Section C.4.a., supra. … Because of this, the two “clearly were de facto officers.” Id. The court concluded that the two directors had fiduciary duties to their corporation. Id.

Jeffrey P. Samuels v. Federal Emergency Management Agency

District Court, C.D. California · Apr 6, 2023

Plaintiffs bringing suit against the United States bear the burden of establishing that a waiver of sovereign immunity encompasses their claims. See Lundeen v. Mineta, 291 F.3d 300, 304 (Sth Cir. 2002). … (emphasis added); 44 C_F.R. § 206.113(a) (“FEMA may provide assistance to individuals and households who qualify. . . .”) (emphasis added).