Case law

Brian Klein v. Shift5, Inc.

District Court, C.D. California · Jul 21, 2025

If only a portion or portions of the material on a page qualifies for 26 protection, the Producing Party also must clearly identify the protected portion(s) 27 (e.g., by making appropriate markings in the margins). … If only a portion or portions of the material on a page qualifies 11 for protection, the Producing Party also must clearly identify the protected 12 portion(s) (e.g., by making appropriate markings in the margins).

AKHA LLC v. Pac Dent Inc.

District Court, C.D. California · May 21, 2024

Order must be clearly so designated before the material is disclosed or 15 produced. … This provision is not intended to modify whatever procedure 20 may be established in an e-discovery order that provides for production without prior

Black v. Voss

557 F. Supp. 2d 1100 · District Court, C.D. California · Apr 9, 2008

established federal law. 2. … For these reasons, the state court’s determination of petitioner’s claim was neither contrary to, nor an unreasonable application of, clearly established federal law.

Pacific Packaging Concepts, Inc. v. Nutrisystem, Inc.

District Court, C.D. California · Jan 23, 2020

The parties’ mere designation of Disclosure or Discovery 8|| Material as Protected Material does not—without the submission of competent 9|| evidence by declaration, establishing that the material sought … A 2|| Challenging Party may proceed to the next stage of the challenge process only if 3|| it has first engaged in this meet and confer process or has established that the 4|| Designating Party is unwilling

Manuel Gonzalez v. Los Angeles Police Department et al.

District Court, C.D. California · May 15, 2026

Id. “| T |here is a clearly established constitutional due process right not to be subject to criminal charges on the basis of false evidence that was deliberately fabricated by the government.” Devereaux v. … The Court need not address the scope of Government Code § 820.2 immunity here because plaintiff's negligence claim fails in any event. Plaintiff states that “Defendant Vega was clearly negligent.

Santa Cruz v. Small

625 F. Supp. 2d 930 · District Court, C.D. California · Dec 31, 2008

“Clearly established Federal law” refers to the governing legal principle or principles established by the Supreme Court’s holdings, not dicta, at the time the state court renders its decision. Lockyer v. … This decision was not a violation *937 of clearly established Federal law as determined by the United States Supreme Court.

MySpace, Inc. v. Wallace

498 F. Supp. 2d 1293 · District Court, C.D. California · Jul 3, 2007

The 400,000 messages Defendant sent via 340,000 other members’ profiles, however, clearly violated this subsection. … Congress clearly intended this provision to enable recipients of commercial spam to contact the spammer to curb further spamming.

Palm Desert National Bank v. Federal Insurance

473 F. Supp. 2d 1044 · District Court, C.D. California · Feb 5, 2007

“Property” The “vault cash” that constitutes the claimed loss here clearly qualifies as “property” under Insuring Clause 3, and the parties do not dispute this issue. (Joint Stip., Ex. C, PDNB 0024-0025) (“XX. … It is difficult to imagine how PDNB could establish its loss any more thoroughly than it already has, or establish any more clearly that Tri-State’s theft directly caused the loss.

Wendy Davis v. Michael L. Bangs

District Court, C.D. California · Oct 23, 2020

Except as otherwise provided in 7 this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material 8 that qualifies for protection under this Order must be clearly so designated before 9 the material … If only a 27 portion of the material on a page qualifies for protection, the Producing Party also 1 must clearly identify the protected portion(s) (e.g., by making appropriate markings 2 in the margins).

In re Live Concert Antitrust Litigation

863 F. Supp. 2d 966 · District Court, C.D. California · Mar 23, 2012

This fundamental change in marketplace dynamics clearly qualifies as a “major factor,” which should have been accounted for — in some fashion — in Dr. Phillips’ analysis. … Phillips relied on his own subjective opinion in order to determine which performers qualify as “rock” artists, he is not qualified to make this determination. Further, to the extent that Dr.

Solid Host, NL v. Namecheap, Inc.

652 F. Supp. 2d 1092 · District Court, C.D. California · May 19, 2009

In asserting an entitlement to blanket immunity, NameCheap relies solely on Lockheed, Martin II. … The court therefore concluded that even if Fare Deals could have established that HRN directly monitored or controlled the means of infringement, it could not establish HRN’s knowledge of the infringement. Id. at 691.

Sabine Altena v. Nina Ansary

District Court, C.D. California · Jan 13, 2023

Except as otherwise provided in 22 this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material 23 that qualifies for protection under this Order must be clearly so designated at the time 24 the … a waiver of, or estoppel as to, any claim of privilege or immunity for such 25 Disclosure or Discovery Material or other information.

Aboulhosn v. Merrill Lynch, Pierce, Fenner & Smith Inc.

940 F. Supp. 2d 1203 · District Court, C.D. California · Apr 16, 2013

Aboulhosn does not clearly identify the actions of Merrill Lynch that he believes breached the implied covenant. … In Bachelder , however, there was no dispute that plaintiff sought leave for a "serious health condition.” 259 F.3d at 1130 n. 18 (“To establish that her February 1996 absences qualify as FMLA leave, Bachelder also had to

Joshua L. Lyons v. Jacqueline C. Jackson

District Court, C.D. California · Aug 29, 2025

defendants who are immune from suit. … A plaintiff can establish Monell liability in one of three ways. First, by commission, “when implementation of its official policies or established customs inflicts [a] constitutional injury.”

Nigg v. U.S. Postal Service

829 F. Supp. 2d 889 · District Court, C.D. California · Oct 7, 2011

The Eighth Circuit affirmed the district court’s decision, concluding that the Inspectors “clearly fall within the class of employees to be excluded from overtime compensation” and that there was “nothing in the regulations … [was] not intended to depart from established law....

K-fee System GmbH v. Nespresso USA, Inc.

District Court, C.D. California · Nov 9, 2021

disclosing party that such materials have 10 been produced. 11 (f) The disclosing party retains the burden—upon challenge pursuant to 12 paragraph (c)—of establishing … Any such redaction shall be clearly labeled.

Thai Nippon Rubber Industry Public Limited Company v. Playboy Enterprises International, Inc.

District Court, C.D. California · May 10, 2022

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 22 time the … a waiver of, or estoppel as to, any claim of privilege or immunity for such 24 Disclosure or Discovery Material or other information.

Rogers v. Home Shopping Network, Inc.

73 F. Supp. 2d 1140 · District Court, C.D. California · Oct 15, 1999

article appear true, the less likely it is that the plaintiff will be able to establish actual malice. … Furthermore, contrary to Rogers’ assertion, Star Editorial does not clearly support plaintiffs position in this case.

Spann v. J.C. Penney Corp.

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

Zevin in Support of Unopposed Motion for Modification of Class Certification Order; Preliminary Approval of Settlement and Notice Program; and Establishment of Qualified Settlement Fund (“Zevin Deck”) at ¶ 9). … The parties shall establish a Qualified Settlement Fund (“QSF”) in accordance with the terms of the Settlement Agreement. Heffler is hereby appointed the trustee of the QSF.

The Icon at Panorama, LLC v. Southwest Regional Council of Carpenters

District Court, C.D. California · Jan 31, 2020

If only a portion or portions of the material on a page 18 || qualifies for protection, the Producing Party also must clearly identify the protected 19 || 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