Case law

Wriden

District Court, S.D. California · Feb 5, 2026

April 22, 20 2015) (there is no clearly established federal law that “a prisoner has a right to be free from 21 false accusations”); Smith v. Albee, No. 15-CV-1598 KJN P, 2016 WL 6094471, at *4 22 (E.D. Cal. … See Sprouse, 870 F.2d at 452; Garrott, 600 Fed. 10 App’x at 545 (stating there is no clearly established federal law that “a prisoner has a right 11 to be free from false accusations”).

Soler v. San Diego, County of

District Court, S.D. California · Mar 24, 2020

by a municipal policymaker 3 possessed with final authority to establish that policy.’” … The Ninth Circuit also held that Banuelos was not entitled to qualified 16 immunity from suit.

Morneau v. Protective Life Insurance Company

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

Rule 23(b)(3) Requirements for the Damages Class 27 Plaintiffs seek certification of the Damages Class under Rule 23(b)(3), which 28 requires Plaintiffs to establish that common questions … The Rule further states that the notice must 22 clearly and concisely state in plain, easily understood language: 23 (i) the nature of the action; (ii) the

Nguon v. Glynn

District Court, S.D. California · Jun 9, 2022

Under that statute, the Court must sua 24 sponte dismiss a prisoner’s complaint, or any portion of it, which is frivolous, malicious, 25 fails to state a claim, or seeks damages from defendants who are immune. … (ECF No. 16 ¶ 7.) 1 To state a claim under Title II of the ADA, Plaintiff must allege: 2 (1) he ‘is an individual with a disability;’ (2) he ‘is otherwise qualified to participate

United States v. Pan-American Petroleum Co.

6 F.2d 43 · District Court, S.D. California · May 28, 1925

In such event the conspiracy has been clearly proven. … The record also clearly established that simultaneously Secretary Pall had told Mr.

TDY Holdings, LLC v. United States

122 F. Supp. 3d 998 · District Court, S.D. California · Jul 29, 2015

The Government has expressly waived sovereign immunity to CERCLA claims for contribution and/or cost recovery. 42 U.S.C. § 9620 (a)(1). III. … The evidence at trial established that both the Government and TDY were “owners of facilities.”

Potts v. Ford Motor Company

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

Ford argues that because CarMax, and not Plaintiffs, 11 || delivered the Vehicle to a Ford dealership for service, they are immune from liability 12 || under Section 1793.2(d)(1). … Second, to the extent any “intra-circuit split” 21 |lever existed, Sonner has clearly resolved such a split on similar facts.

Morales-Alfaro v. CoreCivic, Inc.

District Court, S.D. California · Mar 17, 2021

Morales-Alfaro bears the burden of establishing subject 26 matter jurisdiction under the FTCA’s general waiver of immunity, but the United 27 ||States bears the burden of proving the applicability … Nevertheless, the TAC 7 ||includes only sparse allegations against ICE Health Services personnel, and no 8 || one she interacted with is clearly identified as an ICE or DHS employee.

Allen v. Diaz

District Court, S.D. California · Nov 17, 2021

& 1915A(b), which require the Court to sua sponte dismiss 5 complaints by prisoners proceeding pro se which are “frivolous, malicious, fail to 6 state a claim, or which seek damages from defendants who are immune … Allen’s Second Amended 12 |}Complaint must be clearly entitled “Second Amended Complaint,” include Civil 13 ||Case No. 21cv0602-LAB (RBM) in its caption, and must be complete by itself 14 ||

Kakowski v. Macomber

District Court, S.D. California · Apr 8, 2025

“To establish § 1983 liability, 22 a plaintiff must show both (1) deprivation of a right secured by the Constitution and laws 23 of the United States, and (2) that the deprivation was committed by a person acting under … All payments should be clearly identified 18 by the name and number assigned to this action.

Andrade v. United States of America

District Court, S.D. California · Feb 20, 2020

City of Irvine, 143 F.3d 1196, 1200 (9th Cir. 1998). 1 “Judgment on the pleadings is proper when the moving party clearly establishes on 2 the face of the pleadings that no material issue of fact remains to be resolved … It is the plaintiff’s burden to establish the 13 existence of subject-matter jurisdiction. Kingman Reef Atoll Invs., LLC v.

Vindiola v. San Diego County Sheriff's Department

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

Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007). 7 To proceed IFP, plaintiffs must establish their inability to pay by filing an affidavit 8 regarding their income and assets. See Escobedo v. … ALL PAYMENTS MUST BE CLEARLY 1 || IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 2 3.

Acuna v. Godinez

District Court, S.D. California · Apr 29, 2022

Under these statutes, the Court must sua sponte dismiss a prisoner’s IFP 13 complaint, or any portion found frivolous, malicious, failing to state a claim, or seeking 14 damages from defendants who are immune. … Hartford, 204 F.3d 1187, 1197 (9th Cir. 2000) (“In the simplest and most 25 absolute of terms . . . prisoners [have a clearly established Eighth Amendment right] to be 26 free from sexual abuse…”).

Forbush v. NTI-CA Inc.

District Court, S.D. California · Feb 5, 2025

Minimum contacts may be established via general jurisdiction or 5 specific jurisdiction. See Boschetto v. … These 19 allegations are sufficient to establish that the Court has specific jurisdiction over Defendant 20 NTI. 21 The Ninth Circuit has established

MT

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

Plaintiffs clearly stated how the agents yelled at them, grabbed them, pushed them, 8 locked them in a room, and aimed large guns at them. … Plaintiffs counter that the validity of the 5 warrants does not immunize the agents from an otherwise unreasonable search. ECF No. 6 39 at 6.

Micha v. Sun Life Assur. Co. of Canada

789 F. Supp. 2d 1248 · District Court, S.D. California · May 2, 2011

In it, Sun Life stated generally that Plaintiff did not qualify for long-term disability benefits under the Policy, and went on to lay out its analysis in greater detail. (Id.) … establish that additional evidence is necessary to conduct an adequate de novo review of the benefit decision.

Williams v. San Diego, County of

District Court, S.D. California · Feb 10, 2021

The Court previously determined 27 that the individual defendants were entitled to qualified immunity. See Doc. No. 23. Moreover, San Diego Health and Human Services Agency was improperly named. … Therefore, there are clearly factual disputes about what occurred during the interviews.

Medimpact Healthcare Systems, Inc. v. IQVIA Holdings Inc.

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

Bobba clearly did not attempt to account for the arbitrator’s findings given 12 that his opinions are the same ones that were offered prior to … Finally, on RICO, Plaintiffs argue they are seeking 14 treble damages under RICO for Defendants’ wrongful conduct predicated on establishing

Lee Willis Bender v. The People of State of California

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

Boerckel, 526 U.S. 16 838, 845 (1999) (“[S]tate prisoners must give the state courts one full opportunity to resolve 17 any constitutional issues by invoking one complete round of the State’s established 18 … Petition form and a blank In Forma Pauperis Application together with 19 ||a copy of this Order. 20 Should Petitioner seek to file any documents under seal, Petitioner should submit a 21 || motion to seal and clearly

Lubin v. Sybedon Corp.

688 F. Supp. 1425 · District Court, S.D. California · Jun 22, 1988

Objective reliance is established when the plaintiff shows the materiality of the misstatements or omissions, and subjective reliance is established if the plaintiff would not have purchased or sold the security but for the … Instead, the court in International Mortgage carefully surveyed the demise of the privity rule, and it then clearly established foreseeability as the determinant for an accountant’s duty of due care.