Case law

Bobbleheads.com, LLC v. Wright Bros., Inc.

259 F. Supp. 3d 1087 · District Court, S.D. California · May 8, 2017

Standing under Lexmark Defendants argue that Plaintiff has not adequately alleged proximate causation and thus fails to establish that, it has standing to pursue a Lanham Act claim. (Id. at 19.) Plaintiff disagrees. … First American’s statement thus clearly implied that § 17200 required Coastal to have a license for its activities. Id.

Somers v. Local San Diego County Jail

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

The Court must sua sponte 8 dismiss a prisoner’s IFP complaint, or any portion of it, which is frivolous, malicious, fails 9 to state a claim, or seeks damages from defendants who are immune. Lopez v. … To state a claim under the ADA, a prisoner must allege: 24 (1) he ‘is an individual with a disability;’ (2) he ‘is otherwise 25 qualified to participate in or receive the benefit of some public 26

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.

Suarez v. Del Toro

District Court, S.D. California · Apr 6, 2022

Disparate Treatment Under Title VII 11 In order to establish a prima facie case of discrimination, a plaintiff must show (1) 12 that she belongs to a protected class; (2) that she was qualified … Corp., 360 22 F.3d 1103, 1113 (9th Cir. 2004) (finding that plaintiff’s complaints established subjective 23 hostility).

GET OUTDOORS II, LLC v. City of San Diego

381 F. Supp. 2d 1250 · District Court, S.D. California · Aug 8, 2005

Factual Background Plaintiff Get Outdoors II, LLC (hereinafter “Get Outdoors”) is a limited liability company organized under the laws of the State of Nevada, and qualified to do business in California. … Here, the purpose of the Ordinance, the concern for aesthetics and safety, is clearly stated in the Ordinance language.

Dilts v. Penske Logistics, LLC

267 F.R.D. 625 · District Court, S.D. California · Apr 26, 2010

There are two prongs to this inquiry: “(1) that the proposed representative Plaintiffs do not have conflicts of interest with the proposed class, and (2) that Plaintiffs are represented by qualified and competent counsel. … And although the measure of damages is a clearly individual issue, such issues do not preclude a finding that common questions predominate. Blackie, 524 F.2d at 905 .

Hucker

District Court, S.D. California · May 7, 2026

The Court must sua sponte 25 dismiss a prisoner’s IFP complaint, or any portion of it, which is frivolous, malicious, fails 26 to state a claim, or seeks damages from defendants who are immune. Lopez v. … To establish a failure to protect claim, a prisoner must establish that 3 prison officials were deliberately indifferent to a sufficiently serious threat to the prisoner’s 4 safety.

Mozingo v. Japan Airlines Co., Ltd

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

CALIFORNIA, COUNTY 14 JAPAN AIRLINES CO., LTD., a foreign OF SAN DIEGO company (Japan), which is duly qualified … The court noted 13 that, “even if plaintiff did not clearly state the exact amount of damages he was seeking 14 until he provided [the defendant] with his Statement of Damages . . . , [defendant], as the 15 party with

Gonzalez v. U.S. Customs and Border Protection

District Court, S.D. California · Oct 21, 2021

. § 1915(a) 22 and dismiss any case it finds “frivolous or malicious,” “fails to state a claim on which 23 relief may be granted,” or “seeks monetary relief against a defendant who is immune 24 from relief.” 28 U.S.C … the court 1 lacked subject merit of the merits of the plaintiff’s complaint and could “only consider 2 whether [the p]laintiff received proper and timely notice of the seizure of her Vehicle”). 3 Plaintiff fails clearly

Jones v. Haily

District Court, S.D. California · Aug 14, 2020

“Under Winter, plaintiffs must establish that irreparable harm is likely, not just 16 possible, in order to obtain a preliminary injunction.” … This requires he allege “specific facts in an affidavits 13 or a verified complaint [which] clearly show” a credible threat of “immediate and 14 irreparable injury, loss or damage.” Fed R. Civ. P. 65(b)(A).

Tellez-Lagunas v. Hyatt Corporation

District Court, S.D. California · Oct 4, 2022

“[A] defendant cannot establish removal jurisdiction by mere speculation and 15 conjecture, with unreasonable assumptions.” Ibarra, 775 F.3d at 1197. … } 1233, 1239 (2007). 14 Because the combination of economic damages, and emotional distress damages 15 || already support the amount in controversy, the addition of punitive damages and 16 || attorney’s fees clearly

Ruffins v. Din

District Court, S.D. California · Jun 27, 2025

Thus, while 11 prisoners may qualify to proceed IFP without having to pay the statutory filing fee in one 12 lump sum, they nevertheless remain obligated to pay the full amount due in monthly 13 payments. … Under these 10 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion found 11 frivolous, malicious, failing to state a claim, or seeking damages from defendants who are 12 immune.

Mkoma v. Ace Parking Management, Inc.

District Court, S.D. California · Jan 11, 2022

The text of the overtime provision clearly notes that 10 overtime pay is based on the hourly rate of pay. Doc. … Further, there is clearly no dispute as to the meaning of 25 a CBA provision that relates to this claim.

First Nat. Ben. Soc. v. Garrison

58 F. Supp. 972 · District Court, S.D. California · Jan 16, 1945

Further, tbe. complaint continues, that plaintiff is qualified to do a life insurance business in Arizona; that there is no provision for the admission of any such company in the State of California on any basis whatsoever … ; that only those foreign companies which transact their life insurance business on the legal reserve basis or fraternal basis can be so qualified; that the State of California, has not regulated and has no provision for

Donius v. Mazzetti

District Court, S.D. California · May 19, 2025

Regarding irreparable 8 harm, Plaintiffs argue that an award of damages is not possible in this case because tribal 9 sovereign immunity shields the tribe from paying for its unlawful acts. … Suquamish Indian 10 Tribe, 435 U.S. 191, 195 (1978), Plaintiffs have not clearly explained how the Tribal 11 Defendants are impermissibly exercising criminal jurisdiction over Plaintiffs as opposed 12 to its regulatory

Dolinger v. Kijakazi

District Court, S.D. California · Jan 18, 2022

Thus, [plaintiff] must establish disability on or before that date . . . to 24 be entitled to a period of disability and disability insurance benefits.” [Doc. … shows plaintiff did not meet her burden of 16 establishing she had a severe impairment as of her date last insured.

Peralta v. Massachusetts State Police

District Court, S.D. California · Jan 12, 2023

all in forma pauperis complaints must be screened to 9 ensure that they are not frivolous or malicious, that they state a claim on which relief may 10 be granted, and that they do not seek monetary relief against an immune … Moreover, a court may dismiss a complaint factually 24 frivolous if the facts alleged are “clearly baseless,” a category encompassing allegations 25 that are fanciful, fantastic, and delusional. Denton v.

Castro v. Classy, Inc.

District Court, S.D. California · Mar 2, 2020

Section 24 12112(b)(5)(A) specifies that discriminating against a qualified employee also includes 25 “not making reasonable accommodations to the known physical or mental limitations of 26 an otherwise qualified individual … Accordingly, based on the allegations in the amended complaint, the Court 25 concludes that it pleads facts sufficient to establish Plaintiff’s ADA claim.

Robinson v. Bank of America, N.A.

District Court, S.D. California · Mar 21, 2022

Plaintiff argues the 10 party seeking judicial notice must clearly explain what fact or facts it wants the court to 11 judicially notice, and that here, Defendant fails to specify the fact or facts to be noticed. 12 … Defendant seeks to use this 12 document to establish the specified address that a borrower would have to use to submit a 13 QWR.

In re Easysaver Rewards Litigation

921 F. Supp. 2d 1040 · District Court, S.D. California · Feb 4, 2013

Not just any worthy recipient can qualify as an appropriate cy pres beneficiary. Id. … Attorneys’ fees are to be taken directly from the cash fund established for class member reimbursement, and any remaining funds will be distributed to the cy pres beneficiaries.