Case law

Quintero v. Tilton

588 F. Supp. 2d 1121 · District Court, C.D. California · Nov 26, 2008

[Petitioner] did not establish that Luper was qualified to testify as to what the Bell Gardens Police Department should have done, or that its investigation was in any way deficient. … Thus, the California Supreme Court's denial of Ground Three was neither contrary to, nor an unreasonable application of, clearly established federal law.

John GD Doe, a minor, by and through his Guardian ad litem, Jane SM Doe, an individual v. Newport Mesa Unified School District, a local public entity; Rigo Pinon, an individual; and Does 1-100, inclusive

District Court, C.D. California · May 26, 2026

:7–16:5. 1 Defendants’ argument relies, in part, on the district court case Petaluma I, 2 whereas the qualified immunity case that Doe avers is irrelevant is Doe ex rel. 3 Doe … immunity. 11 [Defendant] appeals from the order denying qualified immunity.”).

Associated Students of University of California v. Kleindienst

60 F.R.D. 65 · District Court, C.D. California · May 11, 1973

The Legislative Council of the plaintiff Associated Students voted to institute this action in order to establish the association’s right to distribute information concerning birth control and abortion to students registered … The Regents contend that the organization does not qualify as an unincorporated association.

Medina v. Multaler, Inc.

547 F. Supp. 2d 1099 · District Court, C.D. California · Feb 7, 2007

This evidence establishes that Medina was qualified for her position. See Wexler v. … Although Medina does not indicate how she learned of the conversation, it clearly appears that she did not hear of it from Pontacq himself.

Elmer Moreno Mendoza v. BPH Director Jennifer Shaffer

District Court, C.D. California · Jan 22, 2021

Andrews, 398 F.3d at 1121; Harris v. 3 Harris, 935 F.3d 670, 675-76 (9th Cir. 2019) (dismissal of case on immunity grounds may qualify as a strike where immunity is “so clear on the face of the 4 … complaint” or where immunity is “so obvious that suit is frivolous”). 5 Each of these actions was dismissed for failure to state a claim or as frivolous, and each, 6 therefore, appears to qualify as a strike pursuant

Cyrousi v. Kashyap

386 F. Supp. 3d 1278 · District Court, C.D. California · Jun 27, 2019

Taking heed of the Ninth Circuit's guidance and noting that the federal law clearly specifies instances in which a support obligation is terminated, district courts in this Circuit have repeatedly held that traditional contract … Plaintiff's reliance on his SSA statement, tax returns, and receipts from his work at Lyft are insufficient to establish breach, because there remain disputes of fact as to whether he received other resources and benefits

United States Ex Rel. Barajas v. Northrop Corp.

897 F. Supp. 1274 · District Court, C.D. California · May 9, 1995

The Ninth Circuit noted that “[a]s plaintiff, Barajas bears the burden of establishing jurisdiction.” Id. A. The Ninth Circuit Instructions 1. … To do so, the Ninth Circuit would defer to these factual findings unless these findings were “clearly erroneous.” Northrop, 5 F.3d at 409 n. 5.

Herd v. Cnty. of San Bernardino

311 F. Supp. 3d 1157 · District Court, C.D. California · Apr 27, 2018

See id. at 712-15 , 141 Cal.Rptr.3d 553 (analyzing the circumstances under which qualified immunity applies to use of excessive force cases). … Reference to decedent's pain and suffering has no essential or important relationship to the state law claims because it is clearly established that pain and suffering damages are not recoverable under those claims.

Root v. Schenk

953 F. Supp. 1115 · District Court, C.D. California · Jan 21, 1997

Ongoing State Judicial Proceedings: There are clearly ongoing state judicial proceedings here. … The alleged abdication of judicial responsibilities does not establish that plaintiff cannot obtain a fair and unbiased decision.

Jorge Enrique Serrano Robles Senior v. County of Los Angeles

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

19 immunity because there was no clearly established fact-specific precedent at the time 20 of the incident putting them on notice that their conduct violated constitutional rights. 21 (Id.) … Clearly Established, Fact-Specific Precedent 19 The Court next considers the second step of the qualified immunity analysis: 20 whether clearly established fact-specific precedent existed that rendered

Total Vision, LLC v. Vision Service Plan

District Court, C.D. California · Jun 14, 2024

Except as otherwise provided in 20 this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material 21 that qualifies for protection under this Order must be clearly so designated at the time 22 the … a waiver of, or estoppel as to, any claim of privilege or immunity for such 13 Disclosure or Discovery Material or other information.

Bank Tejarat v. Varsho-Saz

723 F. Supp. 516 · District Court, C.D. California · Nov 3, 1989

The court stated: Justice Douglas did on one occasion take the view that the counterclaim exception to sovereign immunity enunciated in Re *519 public of China [National City Bank v. … By contrast, the case at bar is clearly beyond the Citibank rule. While the proposed offset does not exceed the value of Bank Tejarat’s claim, the other prerequisites are clearly absent.

Yuga Labs, Inc. v. Ripps

District Court, C.D. California · Oct 11, 2022

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

Westinghouse Credit Corp. v. Barton

789 F. Supp. 1043 · District Court, C.D. California · Apr 20, 1992

“The legislature clearly intended to protect the debtor from personal liability following a non-judicial sale of the security. … The “legislature clearly intended to protect the debtor from personal liability following a non-judicial sale of the security.

Fellows v. Dexter

551 F. Supp. 2d 969 · District Court, C.D. California · Apr 28, 2008

The petitioner contends there was insufficient evidence to support the gang enhancement because the prosecution failed to prove the existence of two qualifying predicate offenses necessary to establish a pattern of criminal … established federal law.

United States v. Pritchard

993 F. Supp. 2d 1203 · District Court, C.D. California · Jan 30, 2014

Putinier is qualified to offer opinions on statistics and that the Government has not revealed Ms. Putinier’s methodology or established that her methodology is reliable under the DaubeH factors. … Such testing clearly supports the reliability of Ms. Putinier’s statistical analysis. Second, evidence presented at the Dau-bert hearing establishes that Ms.

Masters v. Avanir Pharmaceuticals, Inc.

996 F. Supp. 2d 872 · District Court, C.D. California · Feb 12, 2014

Likelihood of Success on the Merits Plaintiff has failed to clearly show that he is likely to succeed on the merits of his claims. … incentive awards,” including performance-based compensation that qualifies under § 162(m).

Gaines v. Sargent Fletcher, Inc. Group Life Insurance Plan

329 F. Supp. 2d 1198 · District Court, C.D. California · Jul 30, 2004

Such an approach requires the drafter to speak clearly and in plain English, and protects the reasonable expectations of plan participants. See infra. … Those facts clearly demonstrate that the doctrine of estoppel applies in this case.

Bayaa v. United Airlines, Inc.

249 F. Supp. 2d 1198 · District Court, C.D. California · Oct 9, 2002

Its terms clearly govern all claims for damages, and the context of the terms reveals the same. See Arts. 17, 18, 19 & 24. … However, it is unlikely that Plaintiff ADC could successfully establish standing in a third party context.

Perine v. ABF Freight Systems, Inc.

457 F. Supp. 2d 1004 · District Court, C.D. California · Sep 20, 2006

This knowledge accrued *1012 from his years of experience in the industry, and is clearly specialized. … Errors are common in rating employees as exempt when they in fact qualify as non-exempt employees.