Case law

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  • McElroy v. Pernod Ricard USA, LLC

    District Court, S.D. California · Jul 10, 2025

    Based on the case law, Owens’ 16 mere participation in a dozen or so depositions does not qualify as a waiver of its arbitral 17 right. See e.g., Williams v. Cigna Fin. … The letter 28 1 sent by Owens to Pernod on December 19, 2024 clearly evidences its desire to abide by 2 the dispute resolution procedure reflected

    Cited 0 timesUnknown
  • Victorino v. FCA US LLC

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

    “Economic injury is clearly a sufficient basis for standing.” San Diego Cnty. 16 Gun Rights Committee v. Reno, 98 F.3d 1121, 1130 (9th Cir. 1996); Debernardis v. … Reno, 98 F.3d 1121, 1130 (9th Cir. 1996) (“Economic injury 6 is clearly a sufficient basis for standing.”); Debernardis v.

    Cited 0 timesUnknown
  • Al Otro Lado, Inc. v. McAleenan

    District Court, S.D. California · Sep 2, 2021

    (Marin Dep. 71:11-24.) 2 Further, Agent Marin testified that “the decision-makers in the [admissibility and 3 enforcement] unit clearly understood what operational capacity was and that it fluctuated 4 on … qualified as an expert by 4 knowledge, skill, experience, training, or education; (2) the scientific, technical, or other 5 specialized knowledge must “assist the trier of fact” either “to understand the evidence” or

    Cited 0 timesUnknown
  • Masiel v. Richard J. Donovan Correctional Facility

    District Court, S.D. California · Mar 30, 2023

    by a prisoner seeking redress from a 22 governmental entity, or officer or employee of a governmental entity, which is frivolous, 23 malicious, fails to state a claim, or seeks damages from defendants who are immune … Masiel is warned that if, by naming RJD as a Defendant, he really seeks to sue either the CDCR or the State of California itself, his claims not only fall outside the panoply of Section 1983, but they also 27 are clearly

    Cited 0 timesUnknown
  • Butler v. Landeros

    District Court, S.D. California · Mar 22, 2023

    must screen a prisoner’s IFP 26 complaint and sua sponte dismiss it to the extent it is frivolous, malicious, fails to state a 27 claim upon which relief may be granted, or seeks damages from defendants who are 28 immune … For example, in the instant case, Plaintiff has clearly 20 articulated why he believes his privacy rights were violated when he was observed naked 21 in his cell and identified which witness he was prevented from calling

    Cited 0 timesUnknown
  • Schwartz v. Upper Deck Co.

    183 F.R.D. 672 · District Court, S.D. California · Jan 12, 1999

    Simer involved allegations that an invalid state regulation • regarding welfare assistance had improperly chilled qualified recipients from applying for aid to which they would be otherwise entitled. … Plaintiffs’ FAC is of little use to the Court in establishing the number of potential class members. Nothing more is provided than an annual sales figure.

    Cited 50 timesPublished
  • Martinez v. Public Consulting Group, Inc.

    District Court, S.D. California · Oct 13, 2022

    However, the Court of 22 Appeals for the Ninth Circuit established an exception in Benko v. Quality Loan Serv. … Servs., Inc., 28 F.4th 989, 994 (9th Cir. 2022) (“Of course, if a defendant provided 23 no evidence or clearly inadequate evidence supporting its valuation for a claim, then it 24 might be appropriate for a district court

    Cited 0 timesUnknown
  • Vaught IV v. Phillips

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

    person proceeding in forma pauperis is subject to sua 4 sponte dismissal, however, if it is “frivolous, malicious, fail[s] to state a claim upon 5 which relief may be granted, or seek[s] monetary relief from a defendant immune … “Under Winter, plaintiffs must establish that irreparable harm is likely, not 23 just possible, in order to obtain a preliminary injunction.”

    Cited 0 timesUnknown
  • Gilles v. Wineteer

    District Court, S.D. California · Nov 14, 2019

    Plaintiff does not even clearly state what fines, if any, were assessed by the 14 lot. … To state a § 1985(3) claim, Plaintiff “must allege (1) a conspiracy, (2) to deprive 19 any person or a class of persons of the equal protection of the laws, or of equal privileges 20 and immunities under the laws, (3)

    Cited 0 timesUnknown
  • Pro Publica, Inc. v. Butler

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

    Olson, 487 U.S. 654, 693 (1988) 3 (describing “the system of separated powers and checks and balances established 4 in the Constitution”). … The duties required under Article 140a— 23 the standards which the Secretary must prescribe—are not clearly set forth by 24 Congress.

    Cited 0 timesUnknown
  • Nunez v. Gamboa

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

    An “unreasonable application” of clearly established federal 3 law occurs “if the state court identifies the correct governing legal rule from [the 4 Supreme] Court’s cases but unreasonably applies it to the facts of … Id. at 407. 8 Clearly established federal law “refers to the holdings, as opposed to the dicta, of 9 [Supreme Court] decisions as of the time of the relevant state-court decision.”

    Cited 0 timesUnknown
  • Estrada v. County of San Diego

    District Court, S.D. California · Jan 29, 2025

    1915(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 4 and case number assigned to this action. 5 3.

    Cited 0 timesUnknown
  • Illinois Tool Works, Inc. v. MOC Products Co.

    856 F. Supp. 2d 1156 · District Court, S.D. California · Mar 6, 2012

    The prior art motor/pump unit patents clearly teach that fluid flowing through motor gears connected via a shaft to pump gears may drive said pump gears at a one-to-one ratio. … For the defense to apply, the accused infringer must establish three elements.

    Cited 2 timesPublished
  • Long Beach Federal Savings & Loan Ass'n v. Federal Home Loan Bank Board

    189 F. Supp. 589 · District Court, S.D. California · Nov 18, 1960

    is clearly within the exception contained in the last clause of F.R.Civ.P. 45(e). … This Court is a court established by an Act of Congress, 28 U.S.C. §§ 84 and 132 to 144, inclusive.

    Reversed on other grounds by Federal Home Loan Bank Board v. Long Beach Federal Savings & Loan Association, 295 F.2d 403 (1961)Cited 10 timesPublished
  • Justice v. Unnamed Deptuy Sgt

    District Court, S.D. California · Jan 25, 2022

    Complaint is still subject to 15 sua sponte review, and mandatory dismissal, if it is “frivolous, malicious, fail[s] to state a 16 claim upon which relief may be granted, or seek[s] monetary relief from a defendant 17 immune … ALL 10 PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 11 ASSIGNED TO THIS ACTION. 12 The Court DIRECTS the Clerk of the Court to serve

    Cited 0 timesUnknown
  • Sernoffsky v. Novak

    District Court, S.D. California · Sep 29, 2023

    Official Information Privilege 22 “Federal common law recognizes a qualified privilege for official information.” 23 Sanchez v. … Clearly the use of the cellphone numbers on 9 subpoenas would extend beyond the “Attorney’s Eyes-Only” designation and risks such 10 information disclosed into the public.

    Cited 0 timesUnknown
  • Europa Auto Imports, Inc. v. International Association of Machinists and Aerospace Workers Local Lodge No. 1448

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

    “Policing of actual or threatened violence to persons . . . has 22 been held most clearly a matter for the states.” Lodge 76, Int'l Ass'n of Machinists v. 23 Wisconsin Emp. … Relations Comm'n, 427 U.S. 132, 136 (1976); Farmer, 430 U.S. at 299 24 (“Nothing in the federal labor statutes protects or immunizes from state action violence or 25 the threat of violence in a labor dispute . . . and

    Cited 0 timesUnknown
  • Kipling v. Carrington Mortgage Services, LLC

    District Court, S.D. California · Jan 25, 2021

    Oct. 1, 2012) (“Simply labeling a letter a “Qualified Written 7 Request” does not make it so.” … Kipling has not established that he incurred 11 actual damages attributable to Carrington’s failure to respond.

    Cited 0 timesUnknown
  • Segura v. City of San Diego

    District Court, S.D. California · Apr 18, 2024

    “Judgment on the 25 pleadings is proper when the moving party clearly establishes on the face of the pleadings 26 that no material issue of fact remains to be resolved and that it is entitled to judgment as a 27 matter … The Ninth Circuit 7 has explained that “[w]hile one or two incidents are insufficient to establish a custom or 8 policy, we have not established what number of similar incidents would be sufficient to 9 constitute a

    Cited 0 timesUnknown
  • Fuentes v. Montgomery

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

    Under these statutes, 13 the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which 14 is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 15 immune … ALL PAYMENTS 10 MUST CLEARLY IDENTIFY THE NAME AND CASE NUMBER ASSIGNED TO 11 THIS ACTION. 12 3.

    Cited 0 timesUnknown

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