Case law

Coulombe v. Jolly

447 F. Supp. 2d 1117 · District Court, C.D. California · Jun 14, 2006

And it is the burden of the party who seeks the exercise of jurisdiction in his favor, clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute .... … Higgins, 498 U.S. 439, 446 , 111 S.Ct. 865 , 112 L.Ed.2d 969 (1991) merely holds that the "the Commerce Clause confers 'rights, privileges, or immunities’ within the meaning of § 1983.” 6 .

Martini v. Russell

582 F. Supp. 136 · District Court, C.D. California · Mar 7, 1984

Clearly, all of the minor plaintiffs were innocent passengers in plaintiff Maria Martini’s car. … Indeed, subsequent to this suit, the city has established such alternate facilities for children in the company of detained adults.

Nenita Julian v. Wal-Mart Associates, Inc.

District Court, C.D. California · Oct 17, 2024

If only a portion or portions of the material on a page qualifies for 12 protection, the Producing Party also must clearly identify the protected portion(s) 13 (e.g., by making appropriate markings in the margins). … If only a portion or portions of the 24 material on a page qualifies for protection, the Producing Party also must clearly 25 identify the protected portion(s) (e.g., by making appropriate markings in the 26

Bernal v. PARADIGM TALENT AND LITERARY AGENCY

788 F. Supp. 2d 1043 · District Court, C.D. California · Feb 22, 2010

These facts clearly cut against a finding of access. … Defendants argue that the Court should reject Warwick-Smith’s report because he is not qualified to render an expert opinion regarding literary analysis.

Timothy D. Wilkins v. E. Lozano, et al.

District Court, C.D. California · Mar 4, 2026

Eleventh 6 Amendment immunity from suit extends to state law claims asserted in federal court. 7 See id. at 121. CDCR is a state agency to which Eleventh Amendment immunity 8 applies. See Aranda v. … a State's 14 Eleventh Amendment immunity.”

Nishiyama v. North American Rockwell Corp.

49 F.R.D. 288 · District Court, C.D. California · Mar 18, 1970

These allegations must be contained in the Complaint and cannot be established through subsequently filed pleadings. … promotions and pay increases commensurate with his education, training and ability, and receives compensation less than that received by Caucasians. *294 «VI That at all times herein mentioned, plaintiff has been fully qualified

Relevant Group, LLC v. Nourmand

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

In re Outlaw Lab., 2019 WL 1205004, at *5 (courts rarely 6 award Noerr-Pennington immunity at the motion to dismiss stage). … Courts have 15 previously held that attorneys’ fees incurred in fighting “frivolous lawsuits” initiated 16 by the defendants qualify as an injury to business or property.

Associated Gen. Contr., Cal. v. Secretary of Com., US

441 F. Supp. 955 · District Court, C.D. California · Nov 2, 1977

[citation omitted] So long as this can be established, and so long as the nature of the claim and of the relief sought does not make the individual participation of each injured party indispensable to proper resolution of … In related circumstances, this scrutiny has been held to require that the government must establish a compelling governmental interest for the classification, which interest is unrelated to race, and show that there are no

Bulletin Displays, LLC v. Regency Outdoor Advertising, Inc

518 F. Supp. 2d 1182 · District Court, C.D. California · Sep 6, 2007

Bulletin clearly had a reduced, if not nil, chance of receiving a contract if indeed Regency had purchased the ability to exclude all other bidders from the process. … Bulletin Displays, LLC is clearly a business which functions for pecuniary reward.

Sisyphus Touring, Inc. v. TMZ Productions, Inc.

208 F. Supp. 3d 1105 · District Court, C.D. California · Sep 23, 2016

Cty. of Marin, 265 Fed.Appx. 624, 626 (9th Cir. 2008) (holding copyright ownership was not established through a work made for hire agreement because the writ *1112 ing was not executed before the work was created). … created, it is clear based on the statute, the Seventh Circuit’s decision in Schiller, and this district’s ruling in Andre-as Carlsson, the intention is to have the written instrument executed before the work is made to clearly

American Movers Conference v. United States

307 F. Supp. 74 · District Court, C.D. California · Dec 15, 1969

. § 1010 (c): “The Commission shall issue a permit to any qualified applicant therefor, authorizing the whole or any part of the service covered by the application, if the Commission finds that the applicant is ready, able … Commission, in its Routed Thru-Pac report and order issued under Part IV of the Act, by implication interpreted the operating authorities of household goods carriers issued under Part II of the Act so as to preclude their long-established

Raizel Blumberger v. California Hospital Medical Center

District Court, C.D. California · Nov 2, 2022

The Motion to Amend cites no authority in support of Tilley’s request to 27 amend the filing date of the Notice of Removal, and Tilley fails to establish the legal 28 basis for the Motion. See Dkt. 13 at 3-4. … 06066-FLA-JC Document 36 Filed 11/02/22 Page 3 of 9 Page ID #:474 1 Rule 5-4.6.2, which governs technical failures with the court’s CM/ECF system, 2 Tilley’s request fails because Local Rule 5-4.6.2 states clearly

Associated General Contractors v. Secretary of Commerce of the United States Department of Commerce

441 F. Supp. 955 · District Court, C.D. California · Nov 2, 1977

The hearings clearly established that the first round of funding under the Local Public Works Act was marked by serious inequities caused by (1) the 30 percent “set-aside” for projects in areas where the unemployment rate … This program, as clearly stated in hearings and floor debate, was established to put people back to work, particularly in the construction trades where the unemployment rates have been consistently double the national average

Grisham v. Philip Morris, Inc.

670 F. Supp. 2d 1014 · District Court, C.D. California · Oct 7, 2009

The moving party clearly bears the burden of establishing the necessary elements of issue preclusion, including the element that the issues and facts were essential to the judgment. See Kamilche Co. v. … Defendants’ arguments regarding comment i clearly fail as a matter of law. 16 *1043 B.

United States of America v. INSYS Therapeutics, Inc.

District Court, C.D. California · Apr 19, 2021

If only 5 a portion or portions of the material on a page qualifies for protection, the 6 Producing Party also must clearly identify the protected portion(s) (e.g., by making 7 appropriate markings in the … This provision is not intended to modify whatever procedure 20 may be established in an e-discovery order that provides for production without prior 21 privilege review.

Palm Communities v. Centerline Housing Partnership I, L.P. Series 2

District Court, C.D. California · Jul 1, 2022

If only a portion of the material on a page qualifies for 9 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 10 by making appropriate markings in the margins). … If only a portion of the material on a page 20 qualifies for protection, the Producing Party also must clearly identify the protected 21 portion(s) (e.g., by making appropriate markings in the margins). 22

Guangzhou Yucheng Trading Co., Ltd. v. DBest Products, Inc.

District Court, C.D. California · Nov 23, 2021

The parties’ mere designation of Disclosure or Discovery Material as 16 CONFIDENTIAL or HIGHLY CONFIDENTIAL does not— without the 17 submission of competent evidence by declaration, establishing that the … doctrine, or any other applicable privilege or immunity and the date of 6 discovery that the document was inadvertently produced.

Kevin Realworldfare v. Tamara Lucile Wagner

District Court, C.D. California · Jul 17, 2025

Further, because defendant Wagner is a Riverside County Superior Court Commissioner with absolute immunity for her acts related to the judicial process and Plaintiffs’ claims against defendant Wagner clearly relate to her … Accordingly, Plaintiffs have not established any valid basis for reconsideration, and the Motion must be denied. See Sanai v. McDonnell, No. 2:18 CV 05663-SVW-AGR, 2018 WL 8731933, at *2 (C.D. Cal.

Gunawan v. Howroyd-Wright Employment Agency

997 F. Supp. 2d 1058 · District Court, C.D. California · Jan 30, 2014

BACKGROUND KForce is a temporary staffing agency which works with its client companies to fill their employment vacancies with qualified candidates. 1 (Dkt. … Quite clearly, the statute contemplates that only an employee, and not a prospective employee or applicant for employment, can recover under section 1194.

Estate of James Evans v. County of Los Angeles

District Court, C.D. California · Sep 15, 2025

Except as otherwise provided in this 26 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that 27 qualifies for protection under this Order must be clearly so designated before the 1 … If only 18 a portion of the material on a page qualifies for protection, the Producing Party also 19 must clearly identify the protected portion(s) (e.g., by making appropriate markings in 20 the margins).