Case law

Francisco v. Mohamad

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

. § 1915A(b), which requires the Court to sua sponte dismiss a 8 prisoner’s complaint, or any portion of it, which is frivolous, malicious, fails to state a 9 claim, or seeks damages from defendants who are immune from … As currently pleaded, there are no factual allegations which, if proven true, 17 would establish that Dr.

Partnoy v. Shelley

277 F. Supp. 2d 1064 · District Court, S.D. California · Aug 21, 2003

Clearly, this is not the case. See, e.g., Hamer v. … Again, it is well-established that federal courts may take such actions. See, e.g., Matsumoto v.

Ruano v. United States

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

The language of the plea agreement clearly forecloses 24 Petitioner’s right to appeal on all grounds other than a claim for ineffective assistance of 25 counsel. … Respondent 16 contends Petitioner cannot establish cause or prejudice to overcome the bar.

(HC) Rodriguez v. Fisher

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

“To qualify as an ‘adequate’ procedural ground, 20 a state rule must be ‘firmly established and regularly followed.’” Walker v. Martin, 562 21 U.S. 307, 316 (2011) (quoting Beard v. … Respondent contends the state court’s 7 harmlessness finding was neither contrary to, nor an unreasonable application of, clearly 8 established Supreme Court law.

McCraner v. Wells Fargo & Company

District Court, S.D. California · Mar 30, 2022

And Wells Fargo continued supplying these anonymized letters even after 17 determining that the Apex shell companies weren’t qualified for merchant 18 processing services. … These allegations establish an 25 inference that Wells Fargo knew that the Enterprises were defrauding 26 merchant processing services, but they can’t establish a similar inference as 27 to the Enterprises

In Re Easysaver Rewards Litigation

737 F. Supp. 2d 1159 · District Court, S.D. California · Aug 13, 2010

Provide argues that neither the intangible financial information nor the fees ($1.95 to enroll and $14.95 monthly membership charge) qualify as “property” that can be converted. … Provide also argues that language omitted from the Complaint clearly refutes this allegation.

Trujillo v. Skaled Consulting, LLC

District Court, S.D. California · Sep 13, 2021

Id. 7 Fifth Disclosure: Trujillo alleges that Lopez moved two consultants, Krissy 8 Manzano and Taylor Davis, “back and forth from 1099 to regular part-time employee” to 9 “qualify … But the FLSA “also seeks to establish an enforcement system that 7 fair to employers.” Kasten, 131 S.Ct. at 1334.

Morton v. County of San Diego

District Court, S.D. California · Sep 6, 2023

In Greer, the 11 Court found that the County had not met its burden of establishing that the primary 12 purpose of the CIRB investigation and meeting was to solicit legal advice. … Work-Product Doctrine 9 “The work-product doctrine is a qualified privilege that protects from discovery 10 documents and tangible things prepared by a party or his

Rials v. Grijalva

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

Under these 20 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, 21 which is frivolous, malicious, fails to state a claim, or seeks damages from defendants who 22 are immune … ALL PAYMENTS MUST BE 11 CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 12 ACTION. 13 3.

Correll v. Amazon.com, Inc.

District Court, S.D. California · Oct 6, 2022

5 (2013). 6 Plaintiff contends that because he viewed identity-based incentive programs 7 on the Amazon Seller site that he could not qualify … As the party invoking federal jurisdiction, Plaintiff bears the burden of 13 clearly alleging facts which demonstrate injury, that is, but for the discrimination, 14 he had a product ready to sell. Baker v.

Gutierrez v. Hill

District Court, S.D. California · May 9, 2023

(Id.) 13 The trial court subsequently found that Petitioner’s previous Arizona conviction qualified 14 as a serious felony prior conviction and a felony strike prior conviction. (Id.) … Further, it avoids litigation over the question of finality 6 and clearly defines the time period in which a suit must be commenced.

Kistler v. Atchley

District Court, S.D. California · Mar 7, 2023

“To qualify as an ‘adequate’ procedural ground, 13 a state rule must be ‘firmly established and regularly followed.’” Walker v. Martin, 562 14 U.S. 307, 316 (2011) (quoting Beard v. … Jan. 14, 2023). 13 And even if Kistler was able to establish cause for his default, he has not established 14 prejudice.

Fernandez v. Duarte

District Court, S.D. California · Aug 4, 2022

. § 1915, indigency is the benchmark for whether a plaintiff qualifies 24 for IFP status. … This showing suffices to establish IFP status. Cf. 18 Thistle v. La Rose, No. 21-CV-1414-JLS (MDD), 2021 WL 4150381, at *1 (S.D. Cal.

Swinton v. Department of Defense

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

Hunt Wesson, Inc., 150 F.3d 1217, 1220-22 (9th 22 Cir. 1998) (“We have held, clearly, that a plaintiff at the pretext stage must produce 23 evidence in addition to that which was sufficient for her prima facie case in … The Rehabilitation Act requires an employer to make reasonable 5 accommodations for an employee’s known, qualifying disabilities. Willis v. Pac.

Woodway USA, Inc. v. LifeCORE Fitness, LLC

District Court, S.D. California · May 23, 2025

“The plain language of [the Lanham Act], which prohibits false rather than 11 unsubstantiated representations, requires that a plaintiff establish not merely that the 12 defendant’s claims lack substantiation … “A corporation . . . cannot seek or acquire” a product “for ‘personal, family, or 21 household purposes,’ and the language of the statute clearly envisions a person as the 22 ‘individual’ permitted to bring suit.”

Allen v. Cardenas

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

“Under Winter, plaintiffs must establish that irreparable harm is likely, not just 24 possible, in order to obtain a preliminary injunction.” … This requires he allege “specific facts in an affidavit or 3 a verified complaint [which] clearly show” a credible threat of “immediate and 4 irreparable injury, loss or damage.” Fed R. Civ. P. 65(b)(A).

Lira v. Horn

District Court, S.D. California · Dec 2, 2019

filed by a prisoner seeking redress from a governmental entity, or officer or 26 employee of a governmental entity, which is frivolous, malicious, fails to state a claim, or 27 seeks damages from defendants who are immune … ALL PAYMENTS MUST 27 BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 28 ACTION. 1 3.

Estate of Jose Alfredo Castro Gutierrez v. Castillo

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

Defendants argue Plaintiffs have failed to allege sufficient facts to establish 8 Mr. Castro suffers from a qualifying disability and Mr. … Castro suffered from a qualifying disability. 5 See Alejandro, 129 F.Supp.3d at 907–08 (N.D.

Domenico G Diaz v. Dean Borders

District Court, S.D. California · Jan 5, 2021

As a 25 result, the Petition is untimely unless Petitioner can establish that he is entitled to sufficient 26 statutory or equitable tolling of the limitations period. See Ramirez v. … The Petition will be deemed untimely unless Petitioner can establish 26 sufficient equitable tolling. See Ramirez v.

Gilliam v. County of San Diego

District Court, S.D. California · Feb 25, 2020

filed by a prisoner seeking redress from a governmental entity, or officer or 27 employee of a governmental entity, which is frivolous, malicious, fails to state a claim, or 28 seeks damages from defendants who are immune … ALL PAYMENTS MUST 14 BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 15 ACTION. 16 3.