Case law

Stillwell v. RADIOSHACK CORP.

676 F. Supp. 2d 962 · District Court, S.D. California · Nov 2, 2009

Clearly, on its face, Section 9.1 does not prohibit internet sales by RadioShack. There is simply no ambiguity in the provision on this point. … A mere breach of contract does not qualify as an “independently tortious or unlawful act.” See Southwestern Bell Telephone Co. v. DeLanney, 809 S.W.2d 493, 494 (Tex.1991).

Rivas

District Court, S.D. California · Oct 17, 2025

Thus, while 16 prisoners may qualify to proceed IFP without having to pay the statutory filing fee in one 17 lump sum, they nevertheless remain obligated to pay the full amount due in monthly 18 payments. … ALL PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME 14 AND NUMBER ASSIGNED TO THIS ACTION. 15 3.

Suchite

District Court, S.D. California · Jul 22, 2024

Although 15 Plaintiff’s Declaration has a “translation authentication” submitted by Laurie Davila, the 16 authentication does not indicate that she is a qualified translator or certified interpreter. … The Agreement 5 clearly provides that ABM agreed “that it will pay all fees and costs of AAA and the 6 arbitrator,” including “the initial filing fee associated with filing the demand.” Agreement 7 ¶ C.

National Shooting Sports Foundation v. Bonta

District Court, S.D. California · Feb 21, 2024

Imminent Injury 16 Plaintiffs who have not yet been injured “must show that the potential harm is 17 sufficiently imminent to qualify as an injury in fact.” … But by that logic, a state law policing economic activity 18 everywhere in the world—including within the state—would be immune to facial attack. 19 That is not how Salerno works.

Great American E&S Insurance Company v. Dye Precision, Inc.

District Court, S.D. California · Oct 16, 2024

“If coverage depends on an unresolved dispute over a 25 factual question, the very existence of that dispute would establish a possibility of coverage 26 and thus a duty to defend.” Travelers Prop. Cas. … American contends that because “any liability for the sexual assaults allegedly committed 12 by DeHaan is clearly

Caldwell v. Wasser

District Court, S.D. California · Mar 11, 2020

Under these 24 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 25 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 26 who are immune … Secret Service, 711 F.3d 941, 965-66 (9th Cir. 2013) (recognizing in a 4 Bivens action, that “Fourth Amendment claims of excessive force are evaluated according 5 to the framework established by Graham v.

Sims v. San Diego County Jail Medical

District Court, S.D. California · Jan 31, 2025

B) and 1915A(b), the Court must screen a 4 prisoner’s IFP complaint and sua sponte dismiss it to the extent that it is frivolous, 5 malicious, fails to state a claim, or seeks damages from defendants who are immune … To establish an actual injury, a prisoner must show that a defendant 7 hindered the prisoner’s efforts to pursue a nonfrivolous claim concerning his conviction or 8 conditions of confinement.

Kakowski v. SGT Gonzales

District Court, S.D. California · Jan 22, 2025

The Court finds 11 Kakowski has established an inability to pay the required filing fee, and the Court grants 12 his IFP motion. … App’x 540, 542 (9th Cir. 2015) (holding 16 that there is no “clearly established federal law that a prisoner has a right to be free from 17 false accusations” when the inmate received a hearing on those charges); accord

Williams v. San Diego, County of

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

First, neither Capp nor 11 Dees involved a parent exercising their right to control and manage their children by 12 prohibiting or qualifying interviews as Williams did. … Barnhart, 778 F.2d 1386, 1390 26 (9th Cir. 1985) (“We do not hold that Section 1983 plaintiffs must always find a case on point in their favor to show that their rights were clearly established.

Goodlow v. Estrada

District Court, S.D. California · Jan 22, 2025

(e)(2)(B) and 1915A(b), the Court must screen a 4 prisoner’s IFP complaint and sua sponte dismiss it to the extent that it is frivolous, 5 malicious, fails to state a claim, or seeks damages from defendants who are immune … All payments must clearly identify the name and case number 27 assigned to this action. 28 3.

Bender v. South Bay Regional Detention Facility

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

e)(2)(B) and 1915A(b), the Court must screen a 16 prisoner’s IFP complaint and sua sponte dismiss it to the extent that it is frivolous, 17 malicious, fails to state a claim, or seeks damages from defendants who are immune … ALL PAYMENTS MUST CLEARLY IDENTIFY THE NAME 18 AND CASE NUMBER ASSIGNED TO THIS ACTION. 19 3.

Grano v. Sodexo, Inc.

District Court, S.D. California · Oct 12, 2021

The work-product 3 doctrine “is not a privilege but a qualified immunity protecting from discovery documents and 4 tangible things prepared by a party or his representative in anticipation of litigation.” … Because it is a qualified privilege, it may be waived.

Ctrl Alt Destroy, Inc. v. Elliot

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

Co. of Am., 511 U.S. 375, 377 (1994). 9 Consequently, “the burden of establishing the contrary rests upon the party asserting 10 jurisdiction.” … Although these definitions “are no models of precision, they do not qualify as vague.” See Botosan v.

Alpha Capital, LLC v. Khanukov

District Court, S.D. California · Jul 21, 2023

Alpha has established 19 that it has protectable trade secrets. 20 b. … Balance of Equities 7 “To qualify for injunctive relief, Plaintiff must establish that ‘the balance of the 8 equities tips in [its] favor.’” Stormans, Inc. v.

Young v. Federal Bureau of Prisons

District Court, S.D. California · Jan 7, 2025

No. 49 at 9–17.) 5 Williams also argues he is entitled to qualified immunity. (Id. at 17.) … To avoid dismissal, Plaintiff must ensure any third 28 1 amended complaint contains factual allegations showing a violation of clearly established

Politte v. Commissioner of Social Security

District Court, S.D. California · Jul 17, 2020

Such a finding at step two must be “clearly established by 5 medical evidence.” Padilla, 541 F. Supp. 2d at 1106 (quoting Webb v. Barnhart, 433 F.3d 6 683, 687 (9th Cir. 2005)). … Huerta is also clearly distinguishable.

Elena v. Reliance Standard Life Insurance Company

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

The Ninth Circuit reasoned 26 that under defendant’s “but for” approach, ERISA administrators would suddenly 27 1 become immune from garden variety … See Compl. § 33, ECF No. 1-2 (alleging how Ms. 18 || Elena was told that she was being “Too loud,” “too aggressive,” “she was not speaking 19 || clearly and that a translator was going to be needed due to her ‘accent’”

Baumer v. Diaz

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

Clearly Established Law 21 Clearly established law for ineffective assistance of trial counsel and appellate 22 counsel comes from the Supreme Court’s decision in Strickland v. … First, defense counsel argued at length that 26 Baumer qualified for resentencing on counts one and two.

Beauchamp v. Schireson

18 F. Supp. 367 · District Court, S.D. California · Feb 18, 1937

The evidence in this record clearly shows that in operable guitar assemblies the mode of operation of metallic resonators of the true conical shape or of a modified conical form, such as concavo-convex metallic resonators … This proof was made by the testimony of qualified sound 'engineers after they had made exhaustive laboratory tests and findings, and was supplemented by graphs made by them with the aid of recording and measuring instruments

Curry v. Newsom

District Court, S.D. California · Sep 1, 2023

25 Under these statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any 26 portion of it that is frivolous, malicious, failing to state a claim, or seeking damages from 27 defendants who are immune … “To establish § 1983 liability, a plaintiff must show both (1) deprivation of a 1 right secured by the Constitution and laws of the United States, and (2) that the deprivation 2 was committed by a person acting under