Case law

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.

Jones v. Motel 6

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

filed 24 by a prisoner seeking redress from a governmental entity, or officer or employee of a 25 governmental entity, which is frivolous, malicious, fails to state a claim, or seeks damages 26 from defendants who are immune … ALL PAYMENTS MUST 20 BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 21 ACTION. 22 3.

BestLife Holdings, Inc. v. Costagenics

District Court, S.D. California · Mar 26, 2021

Cenegenics or its products, services, or 10 employees; 2) damages, including statutory and punitive damages; 3) a declaration “that 11 [Costagenics]’ acts of infringement were intentional, willful and that this case qualifies … The mere fact that a defendant uses comparative advertising does not immunize it 24 against claims of infringement where “the use of

Verdandi VII, Inc. v. Accelerant Specialty Insurance Company

District Court, S.D. California · Oct 16, 2023

But Zivkovic addressed whether a particular issue qualified as an 20 affirmative defense and thus was waived when defendant failed to plead the issue in his 21 answer; it did not address the Federal Rule of Civil … However, “[f]or well-establish defenses, merely naming 7 them may be sufficient.” Springer v. Fair Isaac Corp., No. 14-CV-02238-TLN-AC, 2015 8 WL 7188234, at *4 (E.D. Cal. Nov. 16, 2015).

Nelson v. Sorrento Tower Apartments

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

Failure to State a Claim 21 Even if Plaintiff could clearly establish standing, the allegations in the complaint are 22 insufficient to state a claim against Defendants. … 7 “To state a cause of action under section 1985(3), ‘a complaint must allege (1) a conspiracy, 8 (2) to deprive any person or a class of persons of the equal protection of the laws, or of 9 equal privileges and immunities

Salzman v. ImmunityBio, Inc.

District Court, S.D. California · Jun 20, 2024

of AGC’s quality unit to adequately investigate deviations, 25 inadequate oversight of manufacturing procedures on the part of the quality unit, lack of 26 adequate documentation for quality control testing, poorly qualified … We believe that our innovative approach to orchestrate and combine 9 therapies for optimal immune system response will become a therapeutic

Moody v. California Department of Corrections and Rehabilitation

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

9, 2022) (stating that a plaintiff’s “negligence claims rise and fall to the 7 same degree as their Fourth Amendment, Bane Act, and intentional tort claims” with the 8 exception that negligence does not incorporate qualified … immunity or a reckless disregard 9 standard).

Jordan v. Ortega

District Court, S.D. California · Jan 17, 2024

Under these statutes, a court must 19 sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which is frivolous, 20 malicious, fails to state a claim, or seeks damages from defendants who are immune. … “To establish § 1983 liability, a plaintiff must show both (1) deprivation of a 20 right secured by the Constitution and laws of the United States, and (2) that the deprivation 21 was committed by a person acting under

Chatman v. Cambero

District Court, S.D. California · Oct 27, 2021

Id. at 4–14. 26 This case was initially dismissed due to Plaintiff’s failure to either prepay the civil 27 filing fee or qualify to proceed in forma pauperis. See ECF No. 7. … Reilly, “contrary to established regulations,” assigned 8 Dr.

Parkside/El Centro Homeowners Association v. Travelers Casualty Insurance Company of America

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

Established Loss and Fortuity Argument 13 Defendant argues Heater’s embezzlement was an established loss, as it was 14 discovered more than a year before the D&O Policy … However, the Montrose court clearly distinguished the 28 occurrence-triggered General Liability Policy under review in that case from claims-made 1 third party liability policies, such as Defendant’s policy in this

Kimes v. Randolph

District Court, S.D. California · Feb 12, 2021

Under these 25 statutes, the Court must sua sponte dismiss a prisoner's IFP complaint, or any portion of 26 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 27 who are immune … (See id.) 5 However, Randolph locked his office that day, “leaving Plaintiff’s documents in his 6 office clearly visible through his office window” and did not “return for over five 7 weeks.” (Id.)

Grizzle v. San Diego, County of

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

As a result of these factors, Plaintiff has been “unable to sleep,” id. 9 ¶ 53, which has caused him to suffer “headaches, muscle aches, and ability to focus and 10 think clearly, feeling high levels of stress and anxiety … , eye pain, high blood pressure, 11 lowered immune system functioning causing plaintiff to get sick, suffer severe lethargy 12 and fatigue, infections, impaired motor and cognitive functions, as well as a number of 13

Hawkins v. The Kroger Company

District Court, S.D. California · Oct 20, 2020

“The principle announced in Vertex was based on the well-established rule that a 25 ‘vague’ order may not be enforced.” Inst. of Cetacean Research v. … 7 Finding, this reading of the September 16 Order “inexplicable,” Magistrate Judge 8 Goddard determined that Defendant had not provided the relevant declaration from a 9 qualified

Martinez v. University of San Diego

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

At the pleading stage, a plaintiff “must 9 clearly allege facts demonstrating” that he: (1) suffered an injury in fact; (2) that is 10 fairly traceable to the challenged conduct; and (3) that is likely to be redressed … This is enough to allege conduct establishing an enforceable 5 implied-in-fact contract. See Kashmiri, 156 Cal.

S.S. v. Peloton Interactive, Inc.

District Court, S.D. California · Oct 7, 2021

Thus, the Court 15 || treats those elements as established and not in dispute. … Feinberg’s Supplemental 17 || Declaration, which established that regardless of whether Mr.

v. Gleiberman Properties Inc.

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

Finally, 21 “none of the relief sought in the Yu action would qualify as covered ‘Damages,’” according 22 to Defendant. … “Any doubt as to whether the facts establish the existence of the defense duty 25 must be resolved in the insured’s favor.” Montrose Chem.

Dean v. Zhang

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

Although that right is heavily circumscribed 3 in prison,2 it is also clearly established that “a prison inmate retains those [constitutional] 4 rights that are not inconsistent with his status as a prisoner … Official Information Privilege 2 “Federal common law recognizes a qualified privilege for official information.” 3 Sanchez v.

Lamotte v. State of California

District Court, S.D. California · Sep 21, 2022

Under these 21 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 22 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 23 who are immune … “‘A complaint cannot be dismissed unless it appears 15 beyond doubt that the plaintiff can prove no set of facts that would establish the 16 timeliness of the claim.’” Id. (quoting Supermail Cargo, Inc. v.

Black v. Commissioner of Social Security

District Court, S.D. California · Jan 20, 2022

Therefore, the Court concludes that the ALJ’s first 13 rationale lacked substantial evidence to clearly establish that Plaintiff’s CVS had only a 14 slight abnormality that had no more than a minimal effect on an individual … Therefore, the Court concludes that the 21 ALJ’s third rationale lacked substantial evidence to clearly establish that Plaintiff’s CVS 22 had only a slight abnormality that had no more than a minimal effect on an individual

Dalfio v. J.G. MGMT Properties IV, LLC

District Court, S.D. California · Jun 9, 2022

Contrary to MZM’s argument, Dalfio’s allegations are 14 sufficient to establish injury for the purpose of standing. 15 B. … In 2015, the Unruh Act added procedural requirements for “high- 12 frequency litigants”, which required qualifying individuals to pay additional filing fees and 13 plead even more specific information in their complaints