Case law

Torricellas v. Davison

519 F. Supp. 2d 1040 · District Court, C.D. California · Oct 22, 2007

established federal law. … Thus, the California Supreme Court’s denial of Ground One was neither contrary to, nor an unreasonable application of, clearly established federal law.

Elsinore Christian Center v. City of Lake Elsinore

291 F. Supp. 2d 1083 · District Court, C.D. California · Aug 21, 2003

The City has failed as a matter of law to establish that this is the case. … RLUIPA was quite clearly designed to — and does — impose a different standard.

United States v. Novelli

381 F. Supp. 2d 1125 · District Court, C.D. California · Jun 20, 2005

Evidence that the liens were actually filed and have been recorded is clearly only available through documentation from the actual Recorder’s office. H. … “Certificates of Assessments and Payments establish!] a prima facie case for the United States.

Gary G. v. Gavin Newsom

District Court, C.D. California · Sep 30, 2024

that ‘§ 1983 was 14 note intended to abrogate a State’s Eleventh Amendment immunity.’”) … The Court finds this sufficient to 9 establish a causal connection at this stage.

Stockman v. Trump

331 F. Supp. 3d 990 · District Court, C.D. California · Sep 18, 2018

It clearly does. B. Constitutional Review 1. … Therefore, the government cannot use "the loss of unit cohesion" as an excuse to prevent an otherwise qualified class of discrete and insular minorities from joining the armed forces.

Kym Brooks v. T.J. Maxx of CA, LLC

District Court, C.D. California · Nov 3, 2020

First, Removing Defendant has “not carried [its] burden of showing that the harassment claim against [McKnight] is obviously barred by managerial immunity.” De La Rosa v, U.S. … J 13) Plaintiff alleges she was passed over for a promotion on several occasions despite being the most qualified. (id. 30.)

In Re Carlson

292 F. Supp. 778 · District Court, C.D. California · Oct 22, 1968

through the intermediate court of appeal and supreme court of the state to the Supreme Court of the United States.125 If the Government does take the position that the filing of a notice of assessment before bankruptcy immunizes … a federal tax claim from discharge as against post bankruptcy acquisitions, a case falling more clearly within the scope of both aspects of Local Loan Co. v.

Harper v. New Japan Securities International, Inc.

545 F. Supp. 1002 · District Court, C.D. California · Aug 18, 1982

Taking a somewhat broader approach, the Senate drafted an expansive criminal law reform statute covering general areas such as gambling, grand juries, immunity and recalcitrant witnesses. Techniques, at 79. … There, the court granted summary judgment on the RICO claim on the ground that the history of the statute revealed a clearly expressed legislative intent that RICO should apply only to actions involving organized crime activities

Vashistha v. Allstate Insurance

989 F. Supp. 1029 · District Court, C.D. California · Oct 31, 1997

Based on this statement by Plaintiffs, Martin opined that the *1031 rental properties also would not qualify for coverage by the Allstate policies. … “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.”

In Re Syncor ERISA Litigation

410 F. Supp. 2d 904 · District Court, C.D. California · Jan 11, 2006

First, Plaintiffs claim that the Moench presumption does not apply to all EIAPs, only to 401(k) plans that qualify as ESOPs. (PI. Opp. at 10). … Plaintiffs have conceded that Syn-cor’s Plan qualifies as an EIAP under ERISA. (Zazove Decl., Exh. B).

Leon v. Gordon Trucking, Inc.

76 F. Supp. 3d 1055 · District Court, C.D. California · Dec 31, 2014

Putnam Funds Trust, 547 U.S. 633, 640 , 126 S.Ct. 2145 , 165 L.Ed.2d 92 (2006) (“[W]e have relentlessly repeated that ‘any ■remand order issued on the grounds specified in § 1447(c) 19 [is immunized from all forms of appellate … As noted, the burden of establishing federal jurisdiction is on the party seeking removal.

Damon Witherbee v. Dan Dow

District Court, C.D. California · Aug 9, 2022

not violate clearly 5 established statutory or constitutional rights of which a reasonable person would have 6 known.” … To determine whether qualified immunity applies a court considers: 8 (1) “whether there has been a violation of a constitutional right” and (2) “whether that 9 right was clearly established at the time of the officer

Khuu v. Chater

12 F. Supp. 2d 1028 · District Court, C.D. California · Mar 6, 1997

SSR 82-62 neither states nor implies that the Commissioner has the burden to establish continuity or that continuity must be established in each and every case in which remote work is deemed relevant. … Plaintiff clearly has not done so, and she cannot cure that deficiency by arguing, belatedly, that the Commissioner is at fault.

Kimberly Freeman v. County of Los Angeles

District Court, C.D. California · Feb 20, 2025

Except as otherwise provided in 14 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 15 that qualifies for protection under this Order must be clearly so designated before 16 the material … If only a portion of the material on a page qualifies for 23 protection, the Producing Party also must clearly identify the protected portion(s) 24 (e.g., by making appropriate markings in the margins).

Sompo Japan Insurance Co. of America v. Action Express, LLC

19 F. Supp. 3d 954 · District Court, C.D. California · Jun 4, 2014

Counsel has an obligation to lay out their support clearly. Carmen v. San Francisco Unified Sch. Dist., 237 F.3d 1026 , 1031 (9th Cir.2001). … Fales, 8 Cal.3d 712, 717 , 106 Cal.Rptr. 21 , 505 P.2d 213 (1973) “While the insurer by subrogation steps into the shoes of the insured, that substitute position is qualified by a number of equitable principles....

Finley v. National Endowment for the Arts

795 F. Supp. 1457 · District Court, C.D. California · Jun 9, 1992

The decency clause clearly reaches a substantial amount of protected speech. In Sable Communications of Cal., Inc. v. … Judgment on the pleadings is proper when the moving party clearly establishes on the face of the complaint, accepting its allegations as true, that it is entitled to judgment as a matter of law.

Thomas & Thomas Rodmakers, Inc. v. Newport Adhesives & Composites, Inc.

209 F.R.D. 159 · District Court, C.D. California · May 3, 2002

Nevertheless, the Amended and Consolidated Complaint clearly alleges a conspiracy at both the carbon fiber and prepreg levels. … Tollison also addresses defendants’ concerns regarding “qualified” products.

Shane v. Albertson's Inc. Employees' Disability Plan

381 F. Supp. 2d 1196 · District Court, C.D. California · Jul 26, 2005

Hodge is insufficient to establish otherwise. … , or becomes reasonably qualified by training, education, or experience.”

Bolden v. KB HOME

618 F. Supp. 2d 1196 · District Court, C.D. California · Jul 24, 2008

LEGAL STANDARD A defendant who seeks to remove a case from state to federal court has the burden of establishing federal subject matter jurisdiction. Wilson v. … In their papers, the parties dispute whether the Countrywide subsidiaries qualify as federally-regulated financial institutions.

EVA E. JAIMEZ v. NISSAN NORTH AMERICA, INC.

District Court, C.D. California · Sep 1, 2026

Except as otherwise provided in 1 that qualifies for protection under this Order must be clearly so designated before the 2 material is disclosed or produced. 3 Designation in … If only a portion of the material 20 on a page qualifies for protection, the Producing Party also must clearly identify the 21 protected portion(s) (e.g., by making appropriate markings in the margins). 22