Case law

Cruz v. Kijakazi

District Court, S.D. California · Sep 1, 2020

A complaint should be dismissed if it is (1) “frivolous or malicious;” (2) 17 “fails to state a claim on which relief may be granted;” or (3) “seeks monetary relief against a 18 defendant who is immune from such relief … Furthermore, 7 || Plaintiff clearly states her disagreement with the ALJ's determination by arguing that there “is 8 || substantial medical evidence in the record to support that [Plaintiff] suffers from” debilitating

Childs v. Gladstone

District Court, S.D. California · Oct 1, 2019

They’re not qualifying whether it's covered by 408. They’re not challenging any of that. … Id. 25 Factual determinations are clearly erroneous if “illogical, implausible, or without support 26 in the record.” Rets v.

Inciyan v. The City of Carlsbad

District Court, S.D. California · Jan 8, 2020

Id. at 5. 5 The City of Carlsbad responds that “there is no subject matter jurisdiction” here 6 because “[f]ederal law clearly does not create the basis for [Mr. … Inciyan has failed to establish that the Court has 27 subject-matter jurisdiction over the instant Complaint. It is clear that Mr.

United States v. Pan-American Petroleum Co.

45 F.2d 821 · District Court, S.D. California · Nov 10, 1930

Before it could be said that White and his associates had not made a valid discovery, they were entitled to have their day in court, and it appears to have been the opinion of those best qualified to express themselves in … The granting of defensive leases to prevent drainage clearly did not circumvent the laws and defeat the public policy of the United States in respect to tho Naval Petroleum Reserves.

Hoang Manh Nguyen v. Fasano

84 F. Supp. 2d 1099 · District Court, S.D. California · Feb 1, 2000

Congress clearly grants the Attorney General authority to detain aliens beyond the removal period. The court agrees with the Second Circuit’s finding in Guzman v. … Reno to establish a framework for analyzing habeas corpus petitions by deportable aliens subject to indefinite detention. 56 F.Supp.2d 1149 (W.D.Wash.1999).

In re Sony Gaming Networks & Customer Data Security Breach Litigation

996 F. Supp. 2d 942 · District Court, S.D. California · Jan 21, 2014

To the contrary, the Supreme Court’s decision in Clapper simply reiterated an already well-established framework for assessing whether a plaintiff had sufficiently alleged an “injury-in-fact” for purposes of establishing … As stated in the Court’s prior order, standing under the UCL and FAL is limited to individuals who can “(1) establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury

Isaacs v. Chartis Specialty Insurance

12 F. Supp. 3d 1256 · District Court, S.D. California · Mar 31, 2014

Any doubt as to whether the facts establish the existence of the defense duty must be resolved in the insured’s favor. … To qualify as “Professional Services,” the alleged wrongful acts must meet a number of requirements.

Robert Half International, Inc. v. Ainsworth

68 F. Supp. 3d 1178 · District Court, S.D. California · Dec 17, 2014

Defendants contend that these claims are clearly preempted to the extent they are based on Defendant’s alleged use of trade secret information. … This type of “confidential information” could qualify as a “trade secret,” as defined by California Civil Code section 3426.1(d).

Dunsmore v. State of California

District Court, S.D. California · Aug 4, 2020

Plaintiff was placed in an “isolation cell” because he is “on auto immune 8 suppression therapy” and is “totally disabled due to Ankylosing Spondylitis and 9 Parkinson’s.” … Plaintiff claims using “public restrooms and showers” 13 could “jeopardize Plaintiff’s auto immune suppression therapy.”

Morgan v. Rohr, Inc.

District Court, S.D. California · Mar 23, 2023

deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. … The purpose of RFAs is to establish certain 6 material facts as true and thus to narrow the range of issues for trial. Asea, 669 F.2d at 7 1245.

Fagerstrom v. Amazon.com, Inc.

141 F. Supp. 3d 1051 · District Court, S.D. California · Oct 21, 2015

“If a party seeking arbitration establishes these two factors, the court must compel arbitration.” Farrow v. … C at 18.) .The notice is located directly underneath the “Review your order” - header such that it is clearly visible when viewing the page. Id.

Labarge v. Elutia, Inc.

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

However, once a district court has issued a scheduling order under 19 Rule 166 establishing a timetable for amending pleadings, Rule 15’s standards … The section does not 2 set forth duties, liabilities, or immunities for substantive claims.

Drown v. United States

203 F. Supp. 514 · District Court, S.D. California · Jan 30, 1962

The O’Neill case is clearly not in point since O’Neill was not involved in multiple enterprises. Counsel for the Government cited Holtz v. C. I. … Thus, repairs are deductible only if they qualify as ordinary and necessary business expenses.

Merritt v. Cogley

District Court, S.D. California · Apr 8, 2025

The evidence established that 7 Officer Abernathy recorded the body camera video in his capacity as a responding officer 8 shortly after Defendant hit Plaintiff with his car. … Mbemba’s statements, as captured by Officer Abernathy, qualified as exceptions to 13 hearsay since they were admissible as excited utterances and present sense impressions. 14 [See Tr. at 162.]

McAdam v. State National Insurance

28 F. Supp. 3d 1110 · District Court, S.D. California · Jun 19, 2014

It is further warranted by the Assured that the insured Vessel(s) will not proceed to sea until the stability of the insured vessel(s) has been examined and approved by a qualified marine surveyor. … Here, Plaintiff clearly alleges, at a minimum, nos. 4 and 5, pointing to Defendant’s cursory dismissal of the opinion of Plaintiff’s surveyor, Steve Mabbett. Therefore, bad faith remains a triable issue.

Bynum v. Everett

District Court, S.D. California · Aug 5, 2021

“In general, parties claiming that their due 20 process rights were violated must establish ‘two distinct elements: (1) a deprivation of a 21 constitutionally protected liberty or property interest, and (2) a denial of … See McHenry v. 22 Renne, 84 F.3d 1172, 1179 (9th Cir. 1996) (affirming the dismissal of an amended 23 complaint for failing to “state[] clearly how each and every defendant was alleged to have 24 violated plaintiffs

California ex rel. Department of Public Works v. 25.09 Acres of Lands

329 F. Supp. 230 · District Court, S.D. California · Mar 26, 1971

The liens for operation and maintenance charges are established by the provisions of 25 CFR 129.1. … The court continued: “ * * * When the right to assess cannot be distinguished from the *237 taxing power, the interest lost is clearly non-eompensable.

EpicentRx, Inc. v. Carter

District Court, S.D. California · Sep 30, 2020

To establish good cause, Plaintiff must demonstrate that disclosure “will cause 19 specific prejudice or harm.” Id. … If only a portion or portions 7 of the material on a page qualifies for protection, the Producing Party also must 8 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 9 margins) and

Duell Family Trust v. Ford

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

A complaint is factually frivolous when it is “clearly baseless” 19 and includes allegations that are “fanciful,” “fantastic,” or “delusional.” … Co., 534 F.2d 1155, 1159 (5th Cir. 1976). 20 Plaintiff has failed to establish subject matter jurisdiction under 28 U.S.C. § 1335. 21 Plaintiff has not established that Defendants are

Lang Transp. Corporation v. United States

75 F. Supp. 915 · District Court, S.D. California · Jan 5, 1948

From the preceding authorities, extensively delineating the wide range of administrative discretion and judgment conferred upon the Commission, it was clearly proper for that expert body in the case at bar, to exercise its … “This case precludes any suggestion that carriers initially in a field are immune against additional and competitive carriers in the face of public convenience and necessity.