Case law

Morris v. Gonzales

District Court, S.D. California · Jan 29, 2020

An equal protection claim may be 16 established in two ways. … However, 16 Plaintiff is clearly not “similarly situated” to all other inmates housed in administrative 17 segregation who are housed there for a variety of different reasons.

Cayanan v. Citi Holdings, Inc.

928 F. Supp. 2d 1182 · District Court, S.D. California · Mar 1, 2013

If I file the arbitration, I will pay the initial filing fee unless I seek and qualify for a fee waiver under the applicable rules of the Arbitration Administrator. … Baker ... never clearly and knowingly assented to their terms.” [Doc. No. 20 at 15.]

The Estate of Abdul Kamara, et al. v. County of San Diego, et al.

District Court, S.D. California · Mar 17, 2026

Claims under the Bane Act may 21 be brought against public officials who are alleged to interfere with protected rights, and 22 qualified immunity is not available for those claims. See Venegas, 153 Cal. … Taken together, these 1 allegations plausibly establish that Defendants interfered with Decedent’s clearly 2 established rights through threats, intimidation, or coercion, thereby sufficiently stating a 3 claim

Anderson v. Snap Inc.

District Court, S.D. California · Jul 14, 2022

subject to 21 mandatory sua sponte review and dismissal by the Court if it is frivolous or malicious, 22 fails to state a claim on which relief may be granted, or seeks monetary relief against a 23 defendant who is immune … Sua Sponte Review 4 Beyond jurisdictional and venue issues, Plaintiff’s allegations in his complaint do 5 not plausibly establish a claim upon which relief can be granted.

Koehler v. Pulvers

614 F. Supp. 829 · District Court, S.D. California · Jul 9, 1985

That section proscribes the offer or sale of nonexempt securities in California unless qualified with the Commissioner of Corporations. … It is established, however, that even if one were willing to find Mr. Brophy and Mr.

In Re Los Angeles Lumber Products Co.

45 F. Supp. 77 · District Court, S.D. California · Apr 20, 1942

navigable waters within the said State shall be common highways, and forever free, as well to the inhabitants of said State as to the citizens of the United States, without any tax, impost, or duty therefor * * * » That Act clearly … The use tax is designed to catch the transactions the sales tax misses in order to establish equality between local and foreign retailers.

Cleveland v. Ludwig Institute for Cancer Research Ltd

District Court, S.D. California · Feb 8, 2022

recognition and titles” to qualified Ludwig employees; and (3) make 23 full time equivalency positions available for Ludwig employees. … Mar. 5, 2021) (finding the attorney-client 27 || privilege or work product immunity attached to documents referenced in the complaint had been waived because the privilege holder did not take reasonable steps to

Pope v. County of San Diego

District Court, S.D. California · Mar 1, 2024

Nothing about this precedent— 17 especially against the backdrop of clearly established rights subject to only to two narrow 18 exceptions—limits parental rights to the context of investigatory examinations. … Defendant insists that by citing Sangraal, the Ninth Circuit affirmed that parental 22 consent is not needed for routine medical care because the district court there found that there was no clearly established law

Tyrell v. The United States

District Court, S.D. California · Nov 23, 2020

“The burden is on the ‘next friend’ clearly to establish the 6 propriety of his status and thereby justify the jurisdiction of the court.” … 28 U.S.C. § 1915(e) “not only permits but requires” the 16 court to sua sponte dismiss an in forma pauperis complaint that is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are immune

Brashear

District Court, S.D. California · May 19, 2026

(internal quotation marks omitted). 26 Here, Plaintiff has not established that this case falls within the “very narrow band” 27 of cases in which an ex parte TRO is proper. … Sept. 30, 18 2025) (denying TRO motion where plaintiff failed to demonstrate case qualified as 19 “extraordinary circumstance” in which ex parte TRO may be granted); Corrales L.

SkinMedica, Inc. v. Histogen Inc.

869 F. Supp. 2d 1176 · District Court, S.D. California · Apr 23, 2012

The Court finds Histogen’s requested remedy does not qualify as restitution un *1186 der the UCL. Histogen does not have an identifiable and vested interest in the money it seeks to recover. At best. … Counsel may confer and submit one joint statement clearly indicating any portions of the Order they seek to have redacted by April 20, 2012.

Hipschman v. County of San Diego

District Court, S.D. California · Dec 11, 2024

Rae’s declaration and finds that it adequately 6 sets forth facts establishing the elements of the attorney-client privilege. 7 Accordingly, the Court finds that the County has established that the training materials … The work product 13 doctrine is not a privilege but a qualified immunity that “protects from discovery in litigation 14 ‘mental impressions, conclusions, opinions, or legal theories of a party's attorney’ that were 15

Bilokonsky v. San Diego Unified School District

District Court, S.D. California · Nov 26, 2019

immunity for 6 emergency rescue personnel. … “The law regarding the 7 duty of supervision on school premises is very, very well established.

Leonard v. Tegna, Inc.

District Court, S.D. California · Mar 22, 2022

Plaintiff also does not specifically argue that she was more 5 qualified than Abshier. … She had experience and, yeah, she was more qualified.” ECF No. 45-6 at 16- 13 17.

Velasco

District Court, S.D. California · Apr 1, 2026

Dec. 13, 2022) (finding the plaintiff “clearly made a factual attack” when she 1 attacked the “factual evidence in the record addressing the number and types of 2 violations”). … Evidence of Qualifying Shifts 7 Plaintiff argues Defendant’s assumption of two missed meal and rest periods a week 8 “implies that the average California class member worked five qualifying

Ortiz v. Mayorkas

District Court, S.D. California · May 11, 2023

The caption of the plaintiff’s complaint, however, explicitly and 27 clearly specified that one defendant was being sued in both his individual and official 28 capacities but was silent as to the capacity in which the … To 15 establish a claim under the ADA, Plaintiff “‘must show: (1) [he] is a qualified individual 16 with a disability; (2) [he] was denied a reasonable accommodation that he needs in order 17 to enjoy meaningful access

Shaw v. Marshall

District Court, S.D. California · Jun 6, 2025

The Court must sua sponte 19 dismiss a prisoner’s IFP complaint, or any portion of it, which is frivolous, malicious, fails 20 to state a claim, or seeks damages from defendants who are immune. Lopez v. … McCollum, 505 U.S. 42, 53 (1992) (discussing prior holding in 1 Polk that “a public defender does not qualify as a state actor when engaged in his general 2 representation of a criminal defendant.”)

Algarin v. Maybelline, LLC

300 F.R.D. 444 · District Court, S.D. California · May 12, 2014

Ascertainable Class Though not explicitly stated in Rule 23, courts have held that the class must be adequately defined and clearly ascertainable before a class action may proceed. See Chavez v. … In such a situation, the computation of the damages is not a mere “mechanical step” once rights are established.

Rapinoe v. Gore

District Court, S.D. California · Mar 8, 2022

Accordingly, defendants are entitled to immunity from suit for monetary damages 14 in his or her official capacity under the Eleventh Amendment. … That the pro se 18 litigant would be better served with the assistance of counsel, does not necessarily qualify 19 the issues involved as complex. See Wilborn v.

Marinkovic v. Lee

District Court, S.D. California · Feb 12, 2025

The Court dismissed with prejudice Plaintiff’s § 1983 claims against the 15 Individual Defendants on the grounds that (1) Eleventh Amendment Immunity barred these 16 claims against Palomar’s employees and (2 … Moreover, because Plaintiff clearly bases 3 his claim on these speculative and attenuated possibilities rather than any actual “existing 4 relationship,” it appears that amendment would be futile here. Chaset v.