Case law

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.

Federal Trade Commission v. First Alliance Mortgage Co. (In Re First Alliance Mortgage Co.)

264 B.R. 634 · District Court, C.D. California · Apr 19, 2001

For example, criminal proceedings and actions to establish child support orders are exempt from the stay. Id. § 362(b)(1), (2)(A)(ii). … their sovereign immunity bars the bankruptcy court from entering an injunction against them.

Brian Donley v. Live Nation Entertainment, Inc.

District Court, C.D. California · May 1, 2024

If only a portion of the 12 material on a page qualifies for protection, the Producing Party also must clearly 13 identify the protected portion(s) (e.g., by making appropriate markings in the 14 margins). … If only a portion of the material on a page qualifies for 4 protection, the Producing Party also must clearly identify the protected portion(s) 5 (e.g., by making appropriate markings in the margins). 6

Painters and Allied Trades District Council 82 Health Care Fund v. Takeda Pharmaceutical Co Ltd

District Court, C.D. California · Apr 30, 2021

If only a portion or portions of the material on a page 28 1 qualifies for protection, the Producing Party also must clearly identify … If only a portion or portions of 13 the material on a page qualifies for protection, the Producing Party also must 14 clearly identify the protected portion(s) (e.g., by making appropriate 15

United States v. $3,148,884.40 United States Currency

76 F. Supp. 2d 1063 · District Court, C.D. California · Aug 9, 1999

Although neither party has clearly addressed the issue, these numbers presumably represent the sum total available in these accounts at the time of seizure. … “Judgment on the pleadings is proper when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law.”

Local 13, International Longshoremen's & Warehousemen's Union v. Pacific Maritime Ass'n

278 F. Supp. 755 · District Court, C.D. California · Dec 20, 1967

In any event the record demonstrates that the arbitrators are eminently well qualified. … The above quoted action by the Area L.R.C. clearly establishes that the normal procedure for handling disputes was not followed by the business agent, P.

Gable v. National Broadcasting Co.

727 F. Supp. 2d 815 · District Court, C.D. California · Feb 22, 2010

These facts clearly cut against a finding of access. … Frankie wants to sleep with Tori Ann, but not when Tori Ann is out of control and not thinking clearly.

United States v. Horton

452 F. Supp. 472 · District Court, C.D. California · Jun 9, 1978

According to DeMasters, § 7605(b) was established to prevent situations involving uselessly repetitive procedures irrelevant to possible tax liability. … Such investigation is clearly a continuation of the initial examination of Schonert’s records by Agent Smith. The IRS, therefore, has complied with the administrative steps of § 7605(b) as required by Powell .

Local 246, Utility Workers Union of America v. Southern California Edison Co.

320 F. Supp. 1262 · District Court, C.D. California · Dec 23, 1970

Finally, in order to establish a BFOQ it must be shown that the criterion in issue is a “reasonably necessary” prerequisite to satisfactory performance of the employment in question. … or as a basis for the application of the bona fide occupational qualifi *1267 cation exception.” ( 29 C.F.R. § 1604 .-1(b)).

Farris v. County of Riverside

667 F. Supp. 2d 1151 · District Court, C.D. California · Oct 20, 2009

The court reasoned that the defendant “clearly” met its burden by “affirmatively adopting] a work period and ... following] that period in practice....” Id. at 1062 . … The court disagreed and found that the payments “cannot qualify as ‘premium pay’ subject to exclusion from the regular rate calculation.” Id. at 85 .

Hollis v. Director of Corrections

560 F. Supp. 2d 920 · District Court, C.D. California · Jun 2, 2008

It was determined by your [physician] your disease has not progressed to meet treatment criteria, you do not qualify for treatment of Hepatitis-C in the CDCR. … Having concluded plaintiff has failed to state a claim for which relief can be granted, this Court need not address defendants’ alternate argument that they are entitled to qualified immunity. Hart v.

Commodity Futures Trading Commission v. Co Petro Marketing Group, Inc.

502 F. Supp. 806 · District Court, C.D. California · May 7, 1980

Also, we have used the business directory showing the phone numbers and officers of various companies. * * * We called financially-qualified people, what we feel are financially-qualified people.” *814 Morris of Dillon, Chase … Therefore, the Co Petro contracts are as uniform in the size of their increments as futures contracts traded on established markets.

Ronald Hills v. Wells Fargo Bank, N.A., et al.

District Court, C.D. California · Apr 24, 2018

Bermudez Garcia, 898 F.2d 25|| 224 (1st Cir. 1990) (United States Marshall who executed a vacated arrest warrant entitled to qualified immunity); Bame v. Dillard, 637 F.3d 380 (D.C. … Cir. 2011) 27|| (United States Marshall entitled to qualified immunity for search where law was unclear); Lockhart v.

Painters and Allied Trades District Council 82 Health Care Fund v. Takeda Pharmaceutical Co Ltd

District Court, C.D. California · Nov 19, 2020

If only a portion or portions of the material on a page 2 qualifies for protection, the Producing Party also must clearly identify the 3 protected portion(s) (e.g., by making appropriate markings in the … If only a portion or portions of 14 the material on a page qualifies for protection, the Producing Party also must 15 clearly identify the protected portion(s) (e.g., by making appropriate 16

Gordon v. City of Moreno Valley

687 F. Supp. 2d 930 · District Court, C.D. California · Aug 31, 2009

Defendants argument on qualified immunity built entirely on the Ninth Circuit's decision in Bourgeois is unconvincing. (Defs' Mot. … "This is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful”; sometimes the unlawfulness of an act is "apparent” even “in light of” general

S & M Paving, Inc. v. Construction Laborers Pension Trust

539 F. Supp. 867 · District Court, C.D. California · Apr 12, 1982

Thus, plaintiffs’ “control” rationale is clearly flawed. … Witthuhn, 596 F.2d 899, 903 (9th Cir. 1979) (plaintiffs’ prior expectation that the government would not require them to pay death benefits in the future did not give rise to vested rights which would immunize them from retroactive

Cermeno-Cerna v. Farrell

291 F. Supp. 521 · District Court, C.D. California · Aug 2, 1968

A review of the statutory and case law clearly compels the determination that the Court is without jurisdiction to stay these deportation proceedings. … He shall establish such regulations * * as he deems necessary for carrying out his authority under the provisions of this chapter.”

United States v. AMC Entertainment, Inc.

245 F. Supp. 2d 1094 · District Court, C.D. California · Jan 22, 2003

His curriculum vitae establishes that he has extensive experience in the field of ADA compliance sufficient to qualify him as an expert in this field. (See Hecker Report, Appdx. XIII, attached as Exh. … The Court has already noted that Hecker qualifies as an expert on accessible design.

Yanek v. Staar Surgical Co.

388 F. Supp. 2d 1110 · District Court, C.D. California · Sep 19, 2005

Plaintiffs adequately identify which statements they allege to be misleading, and provide the reasons why they are misleading. 3 While Plaintiffs should have identified more clearly the statements they allege to be false … Finally, none of Defendants’ oral forward-looking statements during STAAR conference calls are immunized by the safe harbor. 7 The PSLRA immunizes *1124 an oral forward-looking statement if it is accompanied by other cautionary

Julie Barfuss v. Live Nation Entertainment, Inc.

District Court, C.D. California · Jun 22, 2023

If only a portion of the 9 material on a page qualifies for protection, the Producing Party also must clearly 10 identify the protected portion(s) (e.g., by making appropriate markings in the 11 margins). … If only a portion of the material on a page qualifies for 1 protection, the Producing Party also must clearly identify the protected portion(s) 2 (e.g., by making appropriate markings in the margins). 3