Case law

Kurin, Inc. v. Magnolia Medical Technologies, Inc.

District Court, S.D. California · Oct 23, 2019

Kurin also contends that the magistrate judge clearly erred even assuming 21 the relevance objection was raised. … Therefore, the Court 20 || finds that Judge Lopez’s finding was not clearly erroneous.

Lane v. Wilkie

District Court, S.D. California · Jul 30, 2021

And 18 while his past use of that office may qualify as a “special circumstance[] 19 warrant[ing] a finding” of reasonableness, Barnett, 535 U.S. … See id. at 1376 (finding that plaintiff “clearly met” burden to prove 25 prima facie case based on “issuance of a subaverage performance rating” 26 without analyzing whether the rating was deserved).

James v. Dependency Legal Group

253 F. Supp. 3d 1077 · District Court, S.D. California · Dec 2, 2015

A plaintiff may make this showing by proving that (1) she belongs to a protected class; (2) she was qualified for the job, promotion, or other benefit at issue; (3) she was subject to an adverse employment *1095 action; and … Clearly, this testimony does not support James’s assertion. In fact, it supports the opposite inference, namely, that DLG tried to have the largest caseloads assigned to Associates.

Rivera v. Cates

District Court, S.D. California · May 17, 2022

claim was neither contrary to, nor an unreasonable application of, clearly 11 established Supreme Court law. … this claim was neither contrary 21 to, nor an unreasonable application of, clearly established Supreme Court law.

McCluer v. Sun Life Assurance Company of Canada

District Court, S.D. California · Nov 9, 2021

(citing Quesinberry, 987 F.2d at 1027). 18 A district court should exercise its discretion to consider evidence outside the 19 administrative record “only when circumstances clearly establish that additional evidence … McCluer’s death would 7 || qualify as “Accidental Bodily Injury”.

Moyle v. Liberty Mutual Retirement Benefit Plan

985 F. Supp. 2d 1247 · District Court, S.D. California · Jul 1, 2013

Entry Date is established in “Participation Requirements” in Article 2.1(a). … Defendants argue that they did not violate the disclosure statute because Plaintiffs could not be disqualified or ineligible for benefits they were never qualified or eligible for.

Fouts v. Becerra

District Court, S.D. California · Sep 22, 2021

The moving party has the burden of establishing the 12 absence of a genuine dispute of material fact. Celotex, 477 U.S., at 323. … Id. at 1137 If the Ninth Circuit says it is skeptical that 12 a statute from 1938 qualifies as longstanding, would a billy prohibition just twenty years 13 older qualify as longstanding?

Lundstrom v. Young

District Court, S.D. California · Dec 5, 2019

As discussed 12 above, such review is not permitted under Rooker-Feldman. 13 As to the third cause of action based upon failure to establish procedures to 14 determine the qualified status of a … reasonable, written procedures to determine the 8 qualified status of a domestic relations order; (2) communicate those procedures to 9 alternate payees; and (3) administer the distribution of benefits under qualified

Joshua Charles Acosta v. Y. Servin

District Court, S.D. California · Feb 24, 2021

Under these 20 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion 21 thereof, if it is frivolous, malicious, fails to state a claim, or seeks damages from 22 defendants who are immune … ALL PAYMENTS MUST BE 15 CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 16 ACTION. 17 3.

Raiser v. San Diego County

District Court, S.D. California · Jul 9, 2021

Raiser failed to allege facts sufficient to establish a violation of any constitutional right, “there is no necessity for further inquiries 24 || concerning qualified immunity.” … Thus, they would be entitled to qualified 07 immunity. 33 28 19-cv-0751-GPC-KSC

Runaj v. Wells Fargo Bank

667 F. Supp. 2d 1199 · District Court, S.D. California · Sep 30, 2009

These claims clearly arise under the “laws ... of the United States,” and therefore the court has original jurisdiction over them. See 28 U.S.C. § 1331 (2009). … However, to qualify for these exemptions, the Code requires that the debtor “shall file a list of property that the debtor claims as exempt.” 11 U.S.C. § 522 (2009).

Playboy Enterprises, Inc. v. Terri Welles, Inc.

78 F. Supp. 2d 1066 · District Court, S.D. California · Dec 1, 1999

However, since “[i]t is not necessary that a trademark be registered in order for it to qualify for protection under the Lanham Act,” Metro Publishing v. … These disclaimers clearly state that the website is not endorsed by PEI. See Consumers Union of U.S. v.

Ramirez-Dorantes v. United States

District Court, S.D. California · Sep 7, 2021

Respondent 2 contends Petitioner cannot establish cause or prejudice to overcome the bar. 3 Petitioner maintains any procedural default is excused by cause and prejudice 4 because his challenge was … RT 4 11:20-25. 5 The record clearly demonstrates the court sentenced Petitioner based upon all three 6 offenses, including robbery.

Lampley v. McCurry

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

Delatoore, 281 12 F.3d 844, 847 (9th Cir. 2002). 13 To qualify, section 1915(a)(2) requires prisoners seeking leave to proceed IFP to 14 submit a “certified copy of the … ALL PAYMENTS MUST BE CLEARLY 16 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION; 17 (3) DIRECTS the Clerk of the Court to serve a copy of this Order by U.S.

Kirvin v. Morffin

District Court, S.D. California · Mar 30, 2022

Delatoore, 281 12 F.3d 844, 847 (9th Cir. 2002). 13 To qualify, Section 1915(a)(2) requires prisoners seeking leave to proceed IFP to 14 submit a “certified copy of the … Under these statutes, 27 the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which 28 is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 1 immune

Gomez v. OMV Medical, Inc.

District Court, S.D. California · Feb 27, 2023

If so, 1 you may qualify for FMLA.” (Id. ¶ 21.) … To proceed under the ADA, a 9 plaintiff carries the initial burden of establishing she was a person with a disability. Id. at 10 1481.

Flourney v. Does 1-15

District Court, S.D. California · Jan 27, 2022

June 25, 2019) (finding prisoner was “clearly 28 indigent” where “[h]e ha[d] no funds in any of his accounts and thus would be unable to 1 pay any costs assessed to him.”). … Id. at 5‒7. 14 C. 42 U.S.C. § 1983 15 Title 42 U.S.C. § 1983 provides a cause of action for the “deprivation of any rights, 16 privileges, or immunities secured

In re Bofi Holding, Inc.

302 F. Supp. 3d 1128 · District Court, S.D. California · Mar 21, 2018

They cannot on their own establish loss causation under the heightened pleading standards of Rule 9(b). … The line between exhaustiveness and excessiveness may be thin, but the TAC clearly falls on the latter side of that divide.

Moyle v. Liberty Mutual Retirement Benefit Plan

263 F. Supp. 3d 999 · District Court, S.D. California · Apr 11, 2017

McCarthy, 998 F.2d 638 , (9th Cir. 1993) (defense of qualified immunity not waived even though it was not raised in the answer, and plaintiff had not claimed prejudice). … Clearly, § 1113(1) is a statute of repose and focuses on the conduct of the fiduciary as the trigger for the commencement of the time under the statute.

Ashcroft v. Southern California Permanente Medical Group

District Court, S.D. California · Oct 2, 2024

based on a “template” and alleges vague references to 8 phrases such as “my body is a temple of the Holy Spirit,” safety concerns regarding the 9 vaccine as a “biological substance” that would “alter the design of [her] immune … Wrongful Termination (Claim 2) 14 The foregoing clearly resolves all of Plaintiff’s claims other than her second cause 15 of action, which she has styled as a Title VII “wrongful