Case law

In Re Countrywide Financial Corp. Derivative Litigation

554 F. Supp. 2d 1044 · District Court, C.D. California · May 14, 2008

The facts alleged, taken as a whole, establish a strong inference of scienter. … Even if it qualifies as a protected statement, which is unclear 33 , it is only one of numer *1073 ous statements that were made during the Relevant Period on the same subject, and therefore does not act to immunize Defendants

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....

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.”

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.

Fox & Associates, Inc. v. M/V Hanjin Yokohama

977 F. Supp. 1022 · District Court, C.D. California · Sep 22, 1997

A bill of lading which contains no language qualifying the acknowledgment of the apparent good order and condition of the cargo is known as a “clean” bill of lading. … Here, for example, Clause 8 in the bill of lading is clearly null and void.

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

Minority Voting Trust v. Orange County Nursery, Inc. (In Re Orange County Nursery, Inc.)

439 B.R. 144 · District Court, C.D. California · Oct 12, 2010

Does the Rooker Feldman doctrine apply so as to preclude avoidance of the judgment as described in Debtor’s plan and so that all or a portion of the Minority claim, as established by the Superior Court judgment, entitled … Allowing the Minority to enforce dissolution proceedings would clearly cause undue delay to the Chapter 11 reorganization proceedings. 9 . In West Hills Farms, Inc. v.

Kellwood Apparel LLC v. Protrend Ltd.

District Court, C.D. California · Dec 10, 2020

If only a portion or portions of the material on a page qualifies for 20 protection, the Producing Party also must clearly identify the protected portion(s) 21 (e.g., by making appropriate markings in the … Inadvertent Production. 8 9 Inadvertent or mistaken production of documents subject to work-product 10 immunity

Bullfrog Films, Inc. v. Wick

646 F. Supp. 492 · District Court, C.D. California · Oct 24, 1986

The Court already has established that the First Amendment applies abroad. … This case clearly is distinguishable.

Kenneth W. Mills v. State of California

District Court, C.D. California · Apr 9, 2020

California Dep’t of Corr., 554 F.3d 747, 752 20 (9th Cir. 2009) (affirming district court holding that CDCR is entitled to Eleventh 21 Amendment immunity). … District civil rights complaint form to use for filing the First Amended 2 Complaint, which the Court encourages Plaintiff to use. 3 If Plaintiff chooses to file a First Amended Complaint, he must clearly

Dedicato Treatment Center, Inc. v. IEC Group, Inc.

District Court, C.D. California · Oct 2, 2023

Plaintiff acknowledges that the Community ordinarily enjoys tribal sovereign immunity from lawsuit but argues that the Community waived immunity by establishing the Plan and agreeing to certain terms in its contract with … The Court is not convinced that the filing of this suit was so clearly improper or unreasonable as to justify an award of sanctions. V.

Richard J. Glair v. City of Los Angeles

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

Qualified Immunity 20 Although Plaintiff objects to the Report’s recommendation, the Report found it 21 unnecessary to address qualified immunity as to any claim dismissed … on summary 22 judgment and recommended denial of qualified immunity without prejudice as to the 23 failure to train claim regarding pointing guns at a non-suspect. 24 E.

William Ollerton v. National Steel and Shipbuilding Company

District Court, C.D. California · Apr 14, 2023

sovereign immunity, where their actions are tightly controlled by the Federal government. … And although there is no specific contract in the record, one of the declarants clearly describes the relevant contract between Defendant and the Navy. Lieutenant Herfel opines that “[t]o bid on and be awarded a U.S.

Gold Flora, LLC v. Constellation NewEnergy, Inc.

District Court, C.D. California · Oct 24, 2024

The 22 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 23 does not— without the submission of competent evidence by declaration, establishing 24 that the material sought to be filed under … Except as otherwise provided in 1 stipulated or ordered, Disclosure of Discovery Material that qualifies for protection 2 under this Order must be clearly so designated before the material is disclosed or 3 produced.

ALEX FLORES, AND JONATHAN NICHOLS v. OFFICER J. BANUELOS, OFFICER RODRIGUEZ, AND DOE OFFICERS 1-10

District Court, C.D. California · Aug 17, 2026

If only a portion 24 or portions of the material on a page qualifies for protection, the Producing Party 25 also must clearly identify the protected portion(s) (e.g., by making appropriate 26 markings in the … If only a 8 portion or portions of the material on a page qualifies for protection, the Producing 9 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 10 markings in the margins).

Quinteros v. Hernandez

419 F. Supp. 2d 1209 · District Court, C.D. California · Mar 7, 2006

established federal law. … As such, the California Supreme Court’s denial of Ground Four was neither contrary to, nor an un *1219 reasonable application of, clearly established federal law.

Brown v. Electronic Arts, Inc.

722 F. Supp. 2d 1148 · District Court, C.D. California · Jul 13, 2010

9th Cir.2008) (noting that the Rogers two-pronged test applies only after a determination that the item in question is an artistic work); (see also Sept. 23, 2009 Order at 5 (“As a preliminary matter, it is important to establish … Video games do not have to be stories to qualify as expressive works.”).) Under such circumstances, the Court does not find that Brown’s decision to go forward with his false endorsement Lanham Act claim was groundless.

Glendale Unified School District v. Almasi

122 F. Supp. 2d 1093 · District Court, C.D. California · Dec 5, 2000

An established that they, did not consistently address these self-feeding goals during Talar’s OT sessions. Ms. … A placement offer must meet certain substantive and procedural requirements to qualify as a FAPE. See Ojai, 4 F.3d at 1469. 1.

United States v. Bakshinian

65 F. Supp. 2d 1104 · District Court, C.D. California · Sep 7, 1999

Id. 120 F.3d at 1351-52 ("[E]ven if Marcello could convince us that the statements qualified as non-hearsay under Rule 801(d)(2)(D), the judge cited a number of reasons why he felt the statements should be excluded, any one … A defendant need not affirmatively establish any fact and the entire defense can merely point to weaknesses in the prosecution’s case.

Heffelfinger v. Electronic Data Systems Corp.

580 F. Supp. 2d 933 · District Court, C.D. California · Jun 6, 2008

[and] work[ ] on a manufacturing production line or selling a product in a retail or service establishment.” Id. … This regulation clearly states that "database administration” is the kind of work that qualifies as "directly related to the management policies or general business operations” of a company.