Case law

Adame v. National Steel and Shipbuilding Company, Inc.

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

Second, the Court must determine whether federal 12 enclave jurisdiction is established in a case where a person’s alleged injuries occur on a 13 vessel that was at some points located in a facility considered a federal … In 5 their reply, Plaintiffs even go as far as to assert that water never qualifies as a federal 6 enclave. (Doc.

Page v. Montgomery

District Court, S.D. California · Nov 16, 2022

“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 … ALL 25 PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 26 ASSIGNED TO THIS ACTION. 27 3.

Williams v. Pollard

District Court, S.D. California · Feb 16, 2021

“When . . . presented with multiple claims within a single 4 action,” however, courts may “assess a PLRA strike only when the case as a whole is 5 dismissed for a qualifying reason under the Act.” Hoffman v. … ALL PAYMENTS 21 MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO 22 THIS ACTION. 23 3.

Montoya v. City of San Diego

District Court, S.D. California · Mar 19, 2021

Cir. 2014) 25 (“We begin with the first and most important factor: whether petitioners have established 26 a likelihood of success on the merits.”). … A “district court should deny such relief ‘unless 27 the facts and law clearly favor the moving party.’” Stanley v. Univ. of S.

Powell v. UHG I LLC

District Court, S.D. California · Sep 15, 2025

More than a 17 “metaphysical doubt” is required to establish a genuine issue of material fact. Matsushita 18 Elec. Indus. Co., Ltd. v. … Clearly, the rate, in the abstract, is high.

Sims v. Bird

District Court, S.D. California · Jun 13, 2023

to 28 U.S.C. 4 § 1915(e)(2)(B), the Court must sua sponte dismiss Plaintiff’s IFP complaint, or any 5 portion of it, that is frivolous, malicious, fails to state a claim, or seeks damages from 6 defendants who are immune … “In order to state a claim under Title II of 21 the ADA, [however,] a plaintiff must allege: (1) he ‘is an individual with a disability;’ (2) 22 he ‘is otherwise qualified to participate in or receive the benefit of some

In re Wireless Facilities, Inc. Securities Litigation

253 F.R.D. 630 · District Court, S.D. California · Sep 3, 2008

Plaintiffs 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.

Batman v. Perez

District Court, S.D. California · Aug 9, 2021

California’s and Arizona’s public policies may not be completely orthogonal, but they 22 clearly overlap. 23 Although Plaintiffs assert that California’s strong … Using qualifying terms, such as “or more” or “not less than,” are strong 22 indicators that the amount is not specific enough to satisfy section 821.01(A). Id. at 492– 23 93.

Raiser v. San Diego County

District Court, S.D. California · Jul 9, 2021

The district court reviews whether the decision is “clearly erroneous or is contrary 19 to law.” See id. … Alcorn, 336 F.R.D. at 443 (discussing how the officer 20 must have “the appropriate training to . . . ensure that a video deposition is properly 21 recorded with established procedures to go on or off the record, limit

Reed v. Buckel

District Court, S.D. California · Oct 24, 2024

1915(e)(2)(B) 4 and 1915A(b) require the Court to screen Plaintiff’s FAC and sua sponte dismiss it to the 5 extent that it is frivolous, malicious, fails to state a claim, or seeks damages from 6 defendants who are immune … “To establish § 1983 liability, a plaintiff must show both (1) 24 deprivation of a right secured by the Constitution and laws of the United States, and (2) 25 that the deprivation was committed by a person acting under

Prince v. Davis

District Court, S.D. California · Dec 31, 2019

Under clearly established federal law, “a defendant 20 must show both deficient performance by counsel and prejudice in order to prove that he 21 has received ineffective assistance of counsel.” … (Id. at 15.) 26 Respondent maintains that “clearly nothing prevented Prince from filing a 27 successive habeas petition in state court as early as April 2016, as counsel clearly knew 28 claims were being

Protect Our Communities Foundation v. United States Department of Agriculture

845 F. Supp. 2d 1102 · District Court, S.D. California · Jan 13, 2012

Council, 490 U.S. 360, 378 , 109 S.Ct. 1851 , 104 L.Ed.2d 377 (1989) (“When specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as … The September 15 Order, however, clearly states that "the public commented on the proposed northern route, as well as the alternatives analyzed in the DEIS, including the southern routes."

The Estate of Elisa Serna v. County of San Diego

District Court, S.D. California · Mar 5, 2024

App’x 792, 794 (9th Cir. 2017) 3 (“While one or two incidents are insufficient to establish a custom or policy, . . . we 4 have not established what number of similar incidents would be sufficient to 5 constitute … The County fails to meet its burden establishing any part of Judge 17 ||Leshner’s Discovery Order is clearly erroneous or contrary to law. Fed. R. Civ.

SD Student Doe 1 v. Noem

District Court, S.D. California · Apr 24, 2025

[A]n alien having a residence in a foreign country which he has no 13 intention of abandoning, who is a bona fide student qualified … ECF No. 12 at 7. 10 The APA waives sovereign immunity for actions in federal court by “a person 11 suffering legal wrong because of agency action.” 5 U.S.C. § 702.

In Re Maier Brewing Co.

38 F. Supp. 806 · District Court, S.D. California · May 3, 1941

On the same day, tliese trustees qualified and they are now acting as such. … The court has very clearly stated that the mortgagee or holder of liens must be enjoined if the plan of reorganization is imminent. “Mr. Weinstein.

Sanchez v. Koenig

District Court, S.D. California · Jul 16, 2021

2020) 18 (“Petitioner’s failure to exhaust does not preclude the Court from adjudicating these 19 contentions because, for the reasons discussed below, Claim One subparts (a), (d), (e), (g) 20 and (h) each clearly … “Under clearly established Supreme Court law, such contention [regarding 11 a state court misapplying state law] neither gives rise to an equal protection claim, nor 12 provides a basis for habeas relief.”

Luminate Home Loans, Inc. v. Better Mortgage Co.

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

However, “intangible injuries, 5 such as damage to ongoing recruitment efforts and goodwill, qualify as irreparable harm.” 6 Id.; see also Stuhlbarg Int’l Sales, 240 F.3d at 841 (recognizing that evidence … adequate and available remedy should it ultimately prevail on its claims. 15 (Compl. at 30:1–9.) 16 Because Luminate has not proffered sufficient evidence to clearly

Dousa v. U.S. Department of Homeland Security

District Court, S.D. California · Jan 28, 2020

In order to establish a violation of the Free 1 Exercise Clause, a plaintiff must establish that the challenged conduct resulted in an 2 impairment of the plaintiff’s free exercise of genuinely held beliefs. … 12 immunity because it was not clearly established that surveillance like this constituted a 13 “substantial burden.”

Culture of Life Family Services, Inc. v. Bonta

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

Both experts are qualified to opine on Abortion Pill 13 Reversal, as they are medical professionals who have practiced and specialized in the OB/GYN field. … Federal Rule of Evidence 702, which requires a testifying expert to be 15 qualified, “contemplates a broad conception of expert qualifiations.” Hangarter v. Provident Life & Accident Ins.

Barfield

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

2)(B) and § 1915A(b), the Court must screen a 10 prisoner’s IFP complaint and sua sponte dismiss it to the extent that it is frivolous, 11 malicious, fails to state a claim, or seeks damages from defendants who are immune … ALL PAYMENTS MUST 11 CLEARLY IDENTIFY THE NAME AND CASE NUMBER ASSIGNED TO THIS 12 ACTION; 13 3.