Case law

Gonzalez v. Chao

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

Sufficiency of the Complaint. 5 A court must sua sponte dismiss any IFP pleading which is frivolous or malicious, 6 fails to state a claim, or seeks damages from defendants who are immune … See ECF No. 1-2 at 2–3 (allegations of 17 differential treatment as to the Agency’s jackets and travel vouchers). 18 Thus, because Plaintiff pleads that she is a qualified member of a protected class, 19 was

Gonzalez v. GEO Western Detention Facility

District Court, S.D. California · Jul 1, 2024

Thus, while 12 prisoners may qualify to proceed IFP without having to pay the statutory filing fee in one 13 lump sum, they nevertheless remain obligated to pay the full amount due in monthly 14 payments. … ALL 13 PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 14 ASSIGNED TO THIS ACTION. 15 3.

Steinmeyer v. American Association of Blood Banks

District Court, S.D. California · Feb 8, 2024

Threat of Future Harm from Defendant’s Conduct 3 Plaintiff next tries to establish a qualifying injury by citing Defendant’s alleged 4 desire to change its testing standard. See Inj. Reply at 6. … But here, Plaintiff has not 5 established a cognizable threat of future personal harm.

Lundstrom v. Young

District Court, S.D. California · May 9, 2024

Again, Plaintiff has failed. 15 ERISA requires that “[e]ach plan shall establish reasonable procedures to 16 determine the qualified status of domestic relations orders.” 29 … Dalton, 551 S.W.3d 126, 142 (Tex. 2018) (“[U]nder ERISA, the proposed order does 12 not qualify as a QDRO.”).

Herrera v. General Atomics

District Court, S.D. California · May 3, 2022

Plaintiff has failed to establish good cause 4 for requesting a twelve week continuance of the remaining case deadlines. 5 Plaintiff seeks to place the blame for his lack of diligence on Defendant in part because … such as 24 personnel files, which would be covered by RFP No. 54, “should be limited to material that is 25 “clearly relevant” and not otherwise readily obtainable.”

Airhawk International LLC v. Air Seat Innovations LLC

District Court, S.D. California · Sep 4, 2024

A qualifying “regular and established place of business” has three elements: 14 (1) “a physical place in the district” that is (2) “a regular and established place of business” 15 (3) “of the defendant.” … While third-party fulfillment centers may be “regular and 21 established” business places that occupy a “physical place” in the district, they are not 22 establishments “of the defendant.”

Securities and Exchange Commission v. RMR Asset Management Company

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

Murphy also understood that if she submitted her 19 Colorado zip code with an order for bonds issued outside of Colorado where the issuer had 20 reserved the highest priority for in-state residents, her order would not qualify … The evidence presented clearly establishes scienter. 14 Accordingly, Plaintiff has established that there is no genuine issue of material fact 15 || and as a matter of law Defendant Jocelyn Murphy fraudulently obtained

Mascorro

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

Gov’t Code § 810 et seq., “is a 28 comprehensive statutory scheme that sets forth the liabilities and immunities of public 1 entities and public employees for torts.” Cordova v. … As explained above, the SAC does not clearly 12 identify which factual allegations support which causes of action.

Perkins v. Classification Service Dept

District Court, S.D. California · Oct 17, 2019

An equal protection claim may be established in two ways. … ALL PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE 6 NAME AND NUMBER ASSIGNED TO THIS ACTION. 7 3.

Toppan Interamerica, Inc. v. Whalen LLC

District Court, S.D. California · Jan 13, 2025

Saxner, 5 474 U.S. 193, 200 (1985) (“The . . . administrative law judge [has] been afforded absolute 6 immunity.”). … The 25 court found that the “[p]laintiffs clearly initiated the instant action only because they 26 planned soon thereafter to dismiss [the first].” Id. at *3.

S.T.G. v. Epic Games, Inc.

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

the district court’s order 23 compelling arbitration, holding that the Chickasaw Nation’s defenses to arbitrability— 24 including sovereign immunity … The defendant argued the first contract’s delegation clause “established the 15 terms by which all subsequent disputes were to be resolved[.]” Id. at 1191.

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.

In re Wireless Facilities, Inc. Securities Litigation II

253 F.R.D. 607 · District Court, S.D. California · Sep 3, 2008

Lead Plaintiff must establish one of the subparts listed in Rule 23(b). Here, common questions of law or fact predominate this action. … To qualify for a payment, you must send in a claim form. A claim form is enclosed with this Notice.

Angga

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

Whether Defendant Had a Duty to Exercise Ordinary Care 1 Defendant alleges that Plaintiffs need to establish a “special relationship” to 2 establish duty under Cal. Civ. Code § 1714. … Like the 23 governing bodies the Brown court specified would qualify as having a special relationship 24 with the tortfeasor, Defendant allegedly sets out “crew recruitment, wage and benefits, and 25 health and safety

Carr v. County of San Diego

District Court, S.D. California · Jun 15, 2022

Further, Plaintiff’s medical history 7 is irrelevant to certain issues, like probable cause or Defendants’ entitlement to qualified 8 immunity. See Hernandez v. … With regard to the question of whether 21 Defendants’ actions aggravated any preexisting injuries, Plaintiff certainly is qualified to 22 speak about his personal perceptions of, for example, his levels of mobility

Collins

District Court, S.D. California · Jan 28, 2026

Geren, 66 F.3d 599, 608 (9th Cir. 2012) 11 (requiring the plaintiff to show that he was “qualified for the position for which an 12 application was submitted”) (emphasis added); Steckl v. … Motorola, Inc., 703 F.2d 392, 393 13 (9th Cir. 1983) (finding plaintiff showed prima facie case where he “was clearly within the 14 protected class, had applied for an available position for which he was qualified, and

Coleman v. United Services Automobile Association

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

Both Plaintiffs qualify as statutory 21 “good drivers” under California law. See CAL. INS. CODE § 1861.025. … Cal. 5 Mar. 2, 2010) (“The unique language of subsection 394(a) clearly expands the application 6 of the subsection beyond the employment context.”).

Holestine v. R.J. Donovan Correctional Facility

District Court, S.D. California · Jul 23, 2020

No. 54 at 16). 13 Defendants contend Plaintiff has failed to establish a causal connection between the named 14 Defendants’ actions and the alleged discriminatory treatment. (Doc. … When 25 in fact, Plaintiff produced all of his academic records . . . which clearly demonstrated that 26 he was qualified to participate in the college and tutor programs.” (Id.)

Jose Camargo Alejo v. Vista Detention Facility, et al.

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

27 The Court must screen plaintiff’s amended complaint and dismiss it to the extent it 28 is frivolous, malicious, fails to state a claim or seeks damages from defendants who are 1 immune … While plaintiff is clearly unsatisfied with the 8 treatment she received, she has not plausibly alleged deliberate indifference on the part of 9 either doctor.

Dunn v. Gastello

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

established federal law. … established federal law.