Case law

Whited v. Young

District Court, S.D. California · Nov 6, 2023

e)(2)(B) and § 1915A(b), the Court must screen a 8 prisoner’s IFP complaint and sua sponte dismiss it to the extent that it is frivolous, 9 malicious, fails to state a claim, or seeks damages from defendants who are immune … ALL PAYMENTS 19 MUST CLEARLY IDENTIFY THE NAME AND CASE NUMBER ASSIGNED TO 20 21

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

Haynes v. Chau

District Court, S.D. California · Mar 16, 2020

[is] 22 insufficient, as a matter of law, to establish deliberate indifference,” Toguchi v. … Chau, Plaintiff has 15 failed to establish “specific facts in an affidavit or a verified complaint [to] clearly show 16 that immediate and irreparable injury, loss, or damage will result to [him] before the 17 adverse

Eulitt

District Court, S.D. California · Mar 25, 2026

23 establishing she has a qualifying disability or the harms claimed as a result of enforcement, 24 the length and detail make fully responding to the 4AC almost impossible. … Additionally, it 28 appears that only a few of these exhibits might qualify for consideration as part of a 1 complaint.

Sanchez v. Paramo

District Court, S.D. California · Jan 16, 2025

. § 1915(b)(1)–(2)). 8 Thus, while prisoners may qualify to proceed IFP without having to pay the statutory 9 filing fee in one lump sum, they nevertheless remain obligated to pay the full amount due 10 in monthly … The Court must conduct a sua sponte review and dismiss a prisoner’s IFP 5 complaint, or any portion of it, which is frivolous, malicious, fails to state a claim, or 6 seeks damages from defendants who are immune

Allen v. Diaz

District Court, S.D. California · Nov 6, 2020

Williams because the records clearly contain that 6 information. 7 Consequently, it was Dr. … § 1915(b)(2), with ALL PAYMENTS CLEARLY 11 IDENTIFYING THE NAME AND CASE NUMBER ASSIGNED TO THIS ACTION; 12 3.

Valencia-Ayala v. U.S. Immigration and Customs Enforcement

District Court, S.D. California · Nov 16, 2020

at 359 20 (requiring Congress to clearly state its intent to abrogate the common law). … 21 require that such immunity should be withheld,” id. at 228.

Alejandra Rodriguez; Al Allal v. Torrence’s Farm Implements Profit Sharing Plan II; Kirk Profit Sharing Plan II Administrative Committee

District Court, S.D. California · Jul 17, 2024

Generally, “a 27 litigant seeking equitable tolling bears the burden of establishing two elements: (1) that he 28 has been pursuing his rights diligently, and (2) that some extraordinary circumstances stood 1 in his … Id. 10 Hester and Hester-Wake do not qualify as plan administrators under ERISA.

Mehta v. Wells Fargo Bank, NA

737 F. Supp. 2d 1185 · District Court, S.D. California · Aug 26, 2010

As such Plaintiff has not established a claim for promissory estoppel and the twelfth cause of action must be DISMISSED. … (M) Quiet title claims may establish title against adverse claims to real property or any interest therein. Cal.Civ.Proc. Code § 760.020.

Blake v. Moreno

District Court, S.D. California · Jul 10, 2023

Marciel1 that she had a compromised immune system and 8 health issues.” Id. Marciel looked for a work order but informed Plaintiff that no work 9 order had been issued. See id. … ALL 20 PAYMENTS SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 21 ASSIGNED TO THIS ACTION. 22 3.

Johnson v. Kijakazi

District Court, S.D. California · Feb 14, 2025

that even if § 405(g) were struck down 26 for vagueness, that would merely have the effect of eliminating the sole waiver of sovereign 27 immunity … P. 11(b)(1). 25 If a court finds that a motion or paper, other than a complaint, is filed in the context of a 26 persistent pattern of clearly abusive litigation activity, it will be deemed to have been filed 27 for

Douglas v. Hill

District Court, S.D. California · Dec 6, 2023

Respondent answers that state court’s finding that Petitioner failed to 3 establish he was denied the effective assistance of counsel is not an objectively 4 unreasonable application of clearly established … Taylor, 529 U.S. 362, 391 (2000) (“It is past question 15 that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as 16 determined by the Supreme Court of the United States

Keith v. The City of San Diego

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

Even in light of the 19 legal standard, both with respect to Plaintiff’s pro se status and the Court’s acceptance of 20 Plaintiff’s pleadings as fact for purposes of the motion, Plaintiff’s complaint fails to clearly … “Title II of the ADA prohibits a public entity from discriminating against a 10 qualified individual with a disability on the basis of disability.” Thompson v.

Lien v. City of San Diego

District Court, S.D. California · Mar 6, 2023

But these documents all clearly list only the “City 6 of San Diego” as the propounding party at the top of the document. See id. … 17 immunity.”

Valdez v. Zhang

District Court, S.D. California · Sep 9, 2020

[is] insufficient, as a matter of law, to establish deliberate indifference,’” 20 Toguchi v. Chung, 391 F.3d 1051, 1058 (9th Cir. 2004) (quoting Jackson v. … App’x 500, 505 (9th Cir. 2017) 26 (holding qualified immunity unavailable for prison medical personnel where reasonable 27 jury could conclude treatment was denied or delayed for non-medical reasons). 1 Here,

Ferguson

District Court, S.D. California · Jun 26, 2026

“To establish § 1983 liability, a plaintiff must 17 show both (1) deprivation of a right secured by the Constitution and laws of the United 18 States, and (2) that the deprivation was committed by a person acting under … It is well-established, for instance, that strip 22 searches generally do not violate a prisoner’s Fourth Amendment rights. Id.; accord 23 Thompson v. Souza, 111 F.3d 694, 699 (9th Cir. 1997).

Nunn v. United States Liability Insurance Company

District Court, S.D. California · Nov 25, 2022

To fulfill sacred covenants intended to serve people in 20 need, “the Diocese established the Orange Catholic Foundation” (the “Foundation”), … The new Board hired a qualified executive director three months later.

Sanchez v. Loews Hotels Holding Corporation

District Court, S.D. California · Feb 8, 2021

Id. at 823. 8 All three elements are established in this case. … A plaintiff is a qualified individual if they establish that 14 they can perform the essential functions of the position sought, rather than the essential 15 functions of the existing position. Id.

Herzman

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

A concrete injury must be “real” and not “abstract.” 21 Id. 22 “[C]ertain harms readily qualify as concrete injuries under Article III. … Id.; see also Popa, 153 F.4th at 792 (“TransUnion clearly cautions courts 9 not to treat an injury as concrete for Article III purposes based only on Congress’s say- 10 so.”).

Masis-Barrett

District Court, S.D. California · Mar 6, 2026

To have 24 standing, a private plaintiff must “(1) establish a loss or deprivation of money or property 25 sufficient to qualify as injury in fact, i.e., economic injury, and (2) show that that economic 26 injury was … Given the Court’s dismissal of her underlying claims for failure to state a 9 claim, Plaintiff’s Complaint lacks necessary facts to show clearly the need for injunctive 10 relief.