Case law

Mobil Oil Corp. v. City of Long Beach

578 F. Supp. 1197 · District Court, C.D. California · Jan 17, 1984

Esprit de Corp, 682 F.2d 1267, 1274 (9th Cir.1982) (“A claim does not arise under federal law within the meaning of section 1331 where it relies on federal law only to establish an immunity or defense which would preclude … Presumably, they also were doubtful of establishing “federal question” jurisdiction under section 1331.

Jordan v. Northrop Grumman Corp. Welfare Benefit Plan

63 F. Supp. 2d 1145 · District Court, C.D. California · Jun 15, 1999

In each letter to Plaintiff, MetLife indicated that she had to establish that she was disabled under the Plan’s terms. … Reasonable minds might also disagree, but it was not so clearly erroneous as to constitute an abuse of discretion.”

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

District Court, C.D. California · Apr 28, 2022

disclosing party that such materials have 15 been produced. 16 (f) The disclosing party retains the burden—upon challenge pursuant to 17 paragraph (c)—of establishing … Any such redaction shall be clearly labeled.

Periera v. Chapman

92 B.R. 903 · District Court, C.D. California · Nov 1, 1988

The plaintiff’s section 1985(3) claim: 42 U.S.C. § 1985 (3) prohibits conspiracies to deprive any person of “the equal protection of the laws, or of equal privileges and immunities under the laws.” 42 U.S.C.A. § 1985 (3) … Instead, this eviction seems quite clearly to be based on the plaintiff’s status as a debtor, not as a member of a racial minority group.

Impo International LLC v. Skechers U.S.A., Inc.

District Court, C.D. California · Apr 5, 2021

If 4 only a portion of the material on a page qualifies for protection, the Producing Party 5 also must clearly identify the protected portion(s) (e.g., by making appropriate 6 markings in the margins). … 11 doctrine, or any other applicable privilege or immunity and the date of discovery that 12 the document was inadvertently produced.

Cook v. City of Pomona

884 F. Supp. 1457 · District Court, C.D. California · Apr 11, 1995

The City shall establish a recruitment plan (“Recruitment Plan”), designed to identify, recruit and retain qualified minority and female applicants for all sworn Fire Department positions. 3.2 The Recruitment Plan shall be … which will assist in recruiting qualified minority and female applicants for all sworn Fire Department job vacancies. 3.3.3 To establish a specific program to inform minorities and women about all sworn Fire Department job

In Re Impac Mortgage Holdings, Inc. Securities Litigation

554 F. Supp. 2d 1083 · District Court, C.D. California · May 19, 2008

Because the two prongs of the Safe Harbor are “alternative means by which forward-looking statements may qualify for the safe harbor,” a defendant need only establish that it meets one of the prongs to be protected by the … Sept. 27, 2005); In re Immune Response Sec. Litig., 375 F.Supp.2d 983, 1028-31 (S.D.Cal.2005); Alaska Elec. Pension Fund v. Adecco S.A., 371 F.Supp.2d 1203, 1220-21 (S.D.Cal.2005); In re Syncor Int’l Corp. Sec.

Novick v. UNUM Life Insurance Co. of America

570 F. Supp. 2d 1207 · District Court, C.D. California · Aug 7, 2008

The plain language of California Civil Code § 3345 shows that California clearly intended to allow trebling of punitive damages in a CLRA action within the trier of fact’s discretionary judgment. § 3345, however, does not … The preamble next provides that “[e]xisting law establishes the Consumers Legal Remedies Act”, and that California Civil Code §§ 1761 and 1780 expand the statutory protections and penalties for violations under the CLRA.

McDonald v. National Collegiate Athletic Association

370 F. Supp. 625 · District Court, C.D. California · Feb 11, 1974

Brown, Assistant Executive Director of the NCAA, clearly indicates that it was.) … However, Long Beach can neither prevent constitutional consideration of its action by abdicating *632 its responsibility to an otherwise immune form of organization, nor use its own independent action — that of concurrence

Canon Inc. v. LD Products, Inc.

District Court, C.D. California · Feb 18, 2020

Except as otherwise provided in 24 this Order (see, e.g., Section B(a) below), or as otherwise stipulated or ordered, 25 Disclosure or Discovery Material that qualifies for protection under this Order 26 must be clearly … If only a portion or portions of the material on a page 6 qualifies for protection, the Producing Party also must clearly identify the 7 protected portion(s) (e.g., by making appropriate markings in the margins). 8

Perfect 10, Inc. v. Cybernet Ventures, Inc.

213 F. Supp. 2d 1146 · District Court, C.D. California · Aug 13, 2002

Rather there is evidence that four months after the policy became effective and well after this action had begun, clearly infringing pictures were on websites identified by Perfect 10 in its Second Amended Complaint, see … Ebay, 165 F.Supp.2d 1082, 1087 (“eBay clearly meets the DMCA’s broad definition of online ‘service provider’ ”).

Cohen v. United States

63 F. Supp. 2d 1131 · District Court, C.D. California · May 27, 1999

IRS regulations clearly exclude these type of payments from the definition of “non-qualified deferred compensation plans.” … The Court concludes that the payments in the present case constituted severance pay as well as accrued vacation and sick leave, and do not qualify for the special timing rules provided for nonqualified deferred compensation

Red.com, LLC v. Nikon Corporation

District Court, C.D. California · Oct 25, 2022

|| Order does not— without the submission of competent evidence by declaration, 2 establishing that the material sought to be filed under seal qualifies as confidential, 3 || privileged, or otherwise protectable—constitute … or any other applicable form of immunity.

Donovan Lamonte Haley v. Calif. Dept. of Rehab.

District Court, C.D. California · Nov 22, 2022

Section 1983 does not abrogate 9] Eleventh Amendment immunity. See Quern v. Jordan, 440 U.S. 332, 10} 344-45 (1979) (footnote omitted). … California has not waived its 11] Eleventh Amendment immunity with respect to section 1983 claims. 12] Brown v. Cal.

Management Activities, Inc. v. United States

21 F. Supp. 2d 1157 · District Court, C.D. California · Sep 11, 1998

In addition, both pilots held an airline transport pilot certificate, the highest pilot rating issued by the FAA, and were qualified to serve as Captain of the Westwind. … This clearly meant that the United Boeing Jet would soon be slower than 170 knots.

Romero v. City of Pomona

665 F. Supp. 853 · District Court, C.D. California · Jul 20, 1987

The findings of fact that Rule 41(b) requires the judge to make may not be reversed on appeal unless clearly erroneous. Moore v. City of San Jose, 615 F.2d 1265, 1273 (9th Cir.1980); Wilson v. … To establish a violation of Section 2, plaintiffs may show a variety of factors in an attempt to prove their case.

Alen Berg v. FedEx Freight, Inc.

District Court, C.D. California · Mar 27, 2024

With respect to the “managerial privilege,” numerous district courts have noted that “the doctrine of managerial immunity was established by California courts in the context of claims involving intentional interference … Because “any potential failure to state a defamation cause of action due to managerial immunity would not be ‘obvious according to the settled rules of [California],’” the court finds Defendant FedEx’s managerial immunity

Sachiko Degruy v. Mercedes-Benz USA, LLC et al

District Court, C.D. California · Jan 23, 2026

In Abedi, Defendant MBUSA made the opposite contention as here—that an “implied warranty claim is not immune from a right of setoff to account for plaintiffs [sic] usage of the vehicle.” … Code § 1793.2(d)(2), and the manufacturer or representative defendant failed to maintain a qualified third-party dispute resolution process. Cal Civ. Code §§ 1794(c), 1794(e).

Angley v. UTI Worldwide Inc.

311 F. Supp. 3d 1117 · District Court, C.D. California · Apr 19, 2018

Jones explains, "[f]or example, UTi's earnings teleconference transcripts are included on the list, and clearly do not qualify as an analyst research report." ( Id. ¶ 33.) … Defendants' expert Professor Gompers opines Jones's event study cannot be used to "affirmatively establish market efficiency." (Gompers Report at p. 13; see also id. ¶¶ 27-37.)

Federal Home Loan Bank v. Banc of America Securities LLC

448 B.R. 517 · District Court, C.D. California · Mar 15, 2011

Defen *523 dants have not established that the Plan has gone into effect. … Citigroup, Inc., 295 B.R. 747, 750, 753 (E.D.Pa.2003) (finding an action is related to the bankruptcy case only when the right to indemnification is clearly established and accrues upon the filing of the civil action). 3