Case law

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.

Foothills Christian Church v. Johnson

District Court, S.D. California · May 20, 2024

To 12 survive a facial Rule 12(b)(1) challenge to standing, a plaintiff “must ‘clearly . . . allege 13 facts demonstrating’ each element.” Spokeo, Inc. v. … Standing in the Context of Establishment of Religion 17 The Establishment Clause of the First Amendment prohibits the government from 18 making any law “respecting an establishment of religion.” U.S.

In re Border Infrastructure Envtl. Litig.

284 F. Supp. 3d 1092 · District Court, S.D. California · Feb 27, 2018

of the delegated authority are not clearly delineated. … DAPA but that it was solely established by the Secretary.

Urmancheev v. Immigration and Customs Enforcement Health Services Corps

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

with the 11 administrative exhaustion requirements of the FTCA, APA or INA, failed to identify a non- 12 discretionary INA policy or rule which was violated or applied in an arbitrary manner, 13 failed to identify a qualified … Plaintiff has 20 failed to establish that he has a PACER account or that he has a computer with software 21 capabilities to file documents electronically.

Thistle v. The State of Colorado

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

Under this statute, the Court must sua sponte dismiss a complaint, 7 or any portion of it, that is frivolous, malicious, fails to state a claim, or seeks damages 8 from defendants who are immune. … The United States 22 Supreme Court has explained the concept of standing as follows: To establish Article III standing, an injury must be concrete, 23

Fantasyland Video, Inc. v. County of San Diego

373 F. Supp. 2d 1094 · District Court, S.D. California · Jun 14, 2005

When proper grounds for granting summary judgment have not been established, “[sjummary adjudication may be appropriate on clearly defined, distinct issues.” *1103 FMC Corp. v. … While the employee license application does not call for any additional type of information than the establishment license application (see LR, at 144 [Ordinance No. 9479, § 21.1803(D) ]), the amended ordinance clearly requires

Center for Biological Diversity v. Federal Highway Administration

290 F. Supp. 2d 1175 · District Court, S.D. California · Mar 10, 2003

The magistrate judge’s order will be upheld unless it is “clearly erroneous or contrary to law.” Id.; 28 U.S.C. § 636 (b)(1)(A). … The court concludes that Plaintiffs fail to establish the threshold requirements to permit discovery.

HP COMMUNICATIONS, INC. v. COUNTY OF SAN DIEGO, BOARD OF SUPERVISORS OF COUNTY OF SAN DIEGO, and DOES 1-20

District Court, S.D. California · Feb 23, 2026

HP did not plead that it was a public utility, nor did 6 it allege what aspects of its work would qualify it as one. … App. 4th 785, 793 (1998) (“Where local legislation clearly serves local 10 purposes, and state legislation that appears to be in conflict actually serves different, 11 statewide purposes, preemption will not be found.

Thompson v. Rodriguez

District Court, S.D. California · Jul 7, 2023

Delatoore, 281 18 F.3d 844, 847 (9th Cir. 2002). 19 To qualify, section 1915(a)(2) requires prisoners seeking leave to proceed IFP to 20 submit a “certified copy of the … On April 1 26, 2022, after his finger “started changing colors and was clearly infected,” his finger was 2 x-rayed and splinted, he was prescribed antibiotics and ibuprofen, and was referred for 3 surgery.

Thomas

District Court, S.D. California · Aug 4, 2026

17 review, and mandatory dismissal, if the action or appeal “(i) is frivolous or malicious; (ii) 18 fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against 19 a defendant who is immune … “[T]here is a 20 clearly established constitutional due process right not to be subjected to criminal charges 21 on the basis of false evidence that was deliberately fabricated by the government.” 22 Devereaux

Thistle v. The State of Arkansas

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

Under this statute, the Court must sua sponte dismiss a complaint, 7 or any portion of it, that is frivolous, malicious, fails to state a claim, or seeks damages 8 from defendants who are immune. … The United States 23 Supreme Court has explained the concept of standing as follows: To establish Article III standing, an injury must be concrete, 24

Garrett v. Diaz

District Court, S.D. California · Jul 29, 2021

inmate attack, retaliatory disciplinary 9 confinement, and a campaign of harassment on the part of prison officials at RJD, which 10 occurred more than three years prior to the filing of his Complaint in this case, clearly … fail 11 to qualify for § 1915(g)’s imminent danger exception.

Thistle v. The State of Ohio

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

Representative,’” 4 Plaintiff discovered that the website unconstitutionally sought to “limit and prevent 5 otherwise fully qualified Ballot Candidates” from running for office. … Under this statute, the Court must sua sponte dismiss a complaint, 7 or any portion of it, that is frivolous, malicious, fails to state a claim, or seeks damages 8 from defendants who are immune.

Ledezma

District Court, S.D. California · Dec 2, 2025

Under these statutes, the 8 Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which is 9 frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 10 immune … “Inmates clearly retain 6 protections afforded by the First Amendment, including its directive that no law shall 7 prohibit the free exercise of religion.” O’Lone v.

Reynolds v. Chalmers

District Court, S.D. California · Jan 29, 2021

Under 28 these statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion 1 of it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 2 who are immune … ALL PAYMENTS SHALL BE CLEARLY 17 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 18 3.

Thistle v. The State of New Hampshire

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

Under this statute, the Court must sua sponte dismiss a complaint, 4 or any portion of it, that is frivolous, malicious, fails to state a claim, or seeks damages 5 from defendants who are immune. … The United States 19 Supreme Court has explained the concept of standing as follows: To establish Article III standing, an injury must be concrete, 20

Thistle v. The State of Alabama

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

Under this statute, the Court must sua sponte dismiss a complaint, 4 or any portion of it, that is frivolous, malicious, fails to state a claim, or seeks damages 5 from defendants who are immune. … The United States 19 Supreme Court has explained the concept of standing as follows: To establish Article III standing, an injury must be concrete, 20

Battensby v. Zhang

District Court, S.D. California · May 22, 2020

[is] insufficient, as a matter of law, to establish deliberate indifference,’” 22 Toguchi v. Chung, 391 F.3d 1051, 1058 (9th Cir. 2004) (quoting Jackson v. … App’x 500, 505 (9th Cir. 2017) (holding 1 qualified immunity unavailable for prison medical personnel where reasonable jury could 2 conclude treatment was denied or delayed for non-medical reasons). 3 As

Wheeler v. Allison

District Court, S.D. California · Jun 7, 2022

Section 25 1798.37 provides that the agency shall clearly note the dispute portions in the record and make copies available with a concise statement of the reasons for why the agency did not make an amendment. … Complex, 442 U.S. 1, 18 16 (1979) (“The Nebraska procedure affords an opportunity to be heard, and when parole 19 is denied it informs the inmate in what respects he falls short of qualifying for parole; this 20 affords

Prime Healthcare Services, Inc. v. Services Employees International Union

147 F. Supp. 3d 1094 · District Court, S.D. California · Nov 23, 2015

The Court finds that the express Code of- Conduct provisions establishing the scope of the Committee do not plausibly suggest that a multi-employer bargaining unit has been established. … In order for a staté offense to qualify as a predicate act in a RICO suit it must be "capable of being generally classified as extortionate ...