Case law

The Estate of Elisa Serna v. County of San Diego

District Court, S.D. California · Feb 15, 2023

Foster asserts qualified immunity 15 against these claims to the extent they’re brought under the First or Fifth 16 Amendment or by Honeycutt, arguing the asserted rights weren’t clearly 17 established

Dougherty v. Guild Mortgage Company

District Court, S.D. California · Nov 27, 2019

A Challenging 2 Party may proceed to the next stage of the challenge process only if it has engaged 3 in this meet and confer process first or establishes that the Designating Party is 4 unwilling to participate in … privilege, 8 attorney work product doctrine, or other privilege (“Privileged 9 Material”) shall not be deemed a waiver of the privilege, work product, 10 or other protection or immunity

Pies v. San Diego Sheriff's Department

District Court, S.D. California · Feb 29, 2024

sponte screen prisoner 1 complaints seeking redress from a government entity or officer and dismiss any portions 2 that are frivolous, malicious, fail to state a claim, or seek damages from defendants who 3 are immune … ALL 1 PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 2 ASSIGNED TO THIS ACTION. 3 3.

Al Otro Lado, Inc. v. McAleenan

District Court, S.D. California · Sep 10, 2020

“[T]he magistrate’s 24 decision on a non-dispositive issue will be reviewed by the district judge under the clearly 25 erroneous standard.” Bhan v. … Defendants object to this conclusion. 22 “The deliberative process privilege is a qualified one.

Pressley v. San Diego EMT Staff

District Court, S.D. California · Jun 9, 2025

)(2)(B) and 1915A(b), the Court must screen a 19 prisoner’s IFP complaint and sua sponte dismiss it to the extent that it is frivolous, 20 malicious, fails to state a claim, or seeks damages from defendants who are immune … All payments must clearly identify the name and case number 13 assigned to this action. 14 3.

Patton v. Flores

District Court, S.D. California · Sep 9, 2019

UC Davis 24 School of Law’s Civil Rights Clinic, while perhaps meeting the definition of “legal mail” 25 under CDCR regulations, does not qualify … In order 5 to state a claim under Title II of the ADA, however, a plaintiff must allege: 6 (1) he ‘is an individual with a disability;’ (2) he ‘is otherwise qualified to participate in or receive the benefit

Goodlow, Jr. v. Camacho

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

In the alternative, Defendants argue summary 13 judgment should be granted as to the retaliation claim because Defendants are entitled to 14 qualified immunity.10 (Id. at 23–25.) … Mot., ECF No. 69 at 21–22,) Further, Defendants 3 contend that, even assuming Goodlow states a retaliation claim, Defendants are entitled 4 to qualified immunity. (Id. at 23–24.)

Lewis v. CoreCivic of Tennessee, LLC

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

The Scope of Stacy Bickler’s Agency as CoreCivic’s Attorney 18 Defendants claim the Court failed to apply the standard established in Triple A. 19 Mgmt. Co. v. … The rationale is 25 that, as between the lay client and the attorney, the latter is more qualified to recognize and analyze the client’s legal needs.

Lanning v. BMW of North America, LLC

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

Code § 15 || 1793.22 (hereinafter “§ 1793.22”). 16 The Tanner Consumer Protection Act, codified in § 1793.22, enabled 17 |)manufacturers to establish an elective, prelitigation, “qualified third-party dispute … Leyva, 593 F. 2d at 863. 14 The Court finds that a stay is proper in these circumstances, this case, □□□ . 15 || factual issues that will be resolved in arbitration clearly “bear upon [the instant} case”

Pembrick v. Loyal Source Government Services, LLC.

District Court, S.D. California · Jul 28, 2025

Specifically, Defendant argues that the July Voluntary Employee 17 Arbitration Agreement is valid because (1) Plaintiff signed and initialed the agreement, and 18 (2) its title and terms are written clearly and … As written, the provision is clear and unambiguous, includes no 24 qualifying language, and cannot reasonably be interpreted to mean the Parties agreed to 25 arbitrate any category of PAGA claims.

Delatorre v. Richard J Donovan

District Court, S.D. California · May 4, 2021

“To establish § 1983 liability, a plaintiff must show both (1) 23 deprivation of a right secured by the Constitution and laws of the United States, and (2) 24 that the deprivation was committed by a person acting under … amount equal to 19 twenty percent (20%) of the preceding month’s income to the Clerk of the Court each 20 time the amount in Plaintiff’s account exceeds $10 pursuant to 28 U.S.C. § 1915(b)(2). 21 ALL PAYMENTS MUST BE CLEARLY

Eftekari v. Select Portfolio Servicing, Inc.

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

A plaintiff seeking preliminary 2 relief must establish “[1] that he is likely to succeed on the merits, [2] that he is likely to 3 suffer irreparable harm in the absence of preliminary relief, [3] that the balance of … Plaintiff 10 alleges each of the Defendants “failed to abide by their own guidelines in qualifying or 11 reviewing Plaintiff for a loan modification in violation of Civil Code § 2923.6” and “failed 12 to provide the

Frith v. Kijakazi

District Court, S.D. California · Nov 30, 2020

Under that subprovision, the Court must dismiss 23 complaints that are frivolous or malicious, fail to state a claim on which relief may be 24 granted, or seek monetary relief from defendants who are immune from such … Sardone, 94 F.3d 1233, 1236 (9th Cir. 1996) 6 (collecting cases to show that it is “well-established that there is generally no constitutional 7 right to counsel in civil cases”).

Simon v. Seaworld Parks & Entertainment, Inc.

District Court, S.D. California · May 19, 2022

Plaintiff has the burden of establishing 21 that a court has subject matter jurisdiction. Assoc. of Med. Colls. v. U.S., 217 F.3d 770, 22 778-79 (9th Cir. 2000). … To establish standing in a UCL case, “a party must … (1) establish a loss or 9 deprivation of money or property sufficient to qualify as injury in fact, i.e., economic 10 injury, and (2) show that that economic injury

Snyder v. Allison

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

dismiss the complaint, or any 8 portion of the complaint,” if it “(1) is frivolous, malicious, or fails to state a claim upon 9 which relief may be granted; or (2) seeks monetary relief from a defendant who is 10 immune … But these types of generalized allegations fail 12 to state a legally plausible access to courts claim under Lewis because “an inmate cannot 13 establish relevant actual injury simply by establishing that his prison’s

Global Manufacture Group, LLC v. Gadget Universe.Com

417 F. Supp. 2d 1161 · District Court, S.D. California · Feb 1, 2006

Co., 514 U.S. 159, 164-64 , 115 S.Ct. 1300 , 131 L.Ed.2d 248 (1995) (functional features can be protected, if qualified as a useful invention, under patent law, but not by the perpetual monopoly of trademark law, which is … because proffered declarations from former customers did not equate with same association by the relevant buying public); Filipino Yellow Pages, 198 F.3d at 1152 (granting summary judgment when “vague, uncorroborated, and clearly

Hamilton v. Moseley

District Court, S.D. California · Mar 10, 2022

“To establish § 1983 liability, 9 a plaintiff must show both (1) deprivation of a right secured by the Constitution and laws 10 of the United States, and (2) that the deprivation was committed by a person acting under … To state a substantive due process claim, a prisoner is 28 “ordinarily required to prove that a challenged government action was clearly arbitrary and 1 unreasonable, having no substantial relation to the public health

Contreras v. Commissioner of Social Security

District Court, S.D. California · Dec 16, 2019

Differences between a 13 claimant’s allegations and her conduct qualify as substantial evidence that may be used in 14 a credibility determination. Light v. Soc. Sec. … Further, Lester established two standards of evidence that an ALJ must provide 12 when disregarding the opinion of a treating physician.

Luckett v. Sudbury

District Court, S.D. California · Jun 18, 2020

The additional $50 administrative fee does not apply to persons granted leave to 28 1 qualifies to proceed IFP and what, if any, the initial partial … “‘A complaint 8 cannot be dismissed unless it appears beyond doubt that the plaintiff can prove no set of 9 facts that would establish the timeliness of the claim.’” Id. (quoting Supermail Cargo, 10 Inc. v.

Merced Dredging Co. v. Merced County

67 F. Supp. 598 · District Court, S.D. California · Jun 29, 1946

A similar assumption is made in the decisions upon the Fourteenth Amendment. * * * When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the … The annual permit is a long-established feature of regulatory and revenue measures. People of State of New York ex rel. Lieberman v. Van de Carr, supra, 199 U.S. at page 562 , 26 S.Ct. 144 .