Case law

Albrigo v. Chobani, LLC

District Court, S.D. California · Jul 11, 2025

Id. at 17. 28 Instead, the qualified “Only Natural Ingredients” representation can only create 1 expectations as to the source of the individual ingredients, which is not the same as “All 2 Natural” claims … “The plaintiff, as the party 15 invoking federal jurisdiction, bears the burden of establishing these elements.” Spokeo, 16 Inc. v. Robins, 578 U.S. 330, 338 (2016).

Roettgen v. Paramo

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

Under these 27 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 28 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 1 who are immune … ALL 19 PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 20 ASSIGNED TO THIS ACTION. 21 3.

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

Genentech, Inc. v. Eli Lilly and Company

District Court, S.D. California · Mar 23, 2021

The party asserting invalidity 10 “has the added burden of overcoming the deference that is due to a qualified government 11 agency presumed to have properly done its job, which includes one or more examiners . . . 12 … To find judicial estoppel, “a party’s 12 later position must be ‘clearly inconsistent’ with its earlier position.” New Hampshire v. 13 Maine, 532 U.S. 742, 750 (2001).

McFalls v. Alonzo

District Court, S.D. California · Jun 23, 2021

Under these 17 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 18 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 19 who are immune … ALL PAYMENTS 25 SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED 26 TO THIS ACTION. 27 3.

Rendon v. Cherry Creek Mortgage, LLC

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

When a case is at the 24 pleading stage, “the plaintiff must ‘clearly . . . alleged facts demonstrating each 25 element.” Spokeo Inc. v. Robins, 136 S. … First, § 1681b(f)(1), was established to protect Plaintiff's concrete 4 ||privacy interest.

In re Packaged Seafood Prods. Antitrust Litig.

338 F. Supp. 3d 1118 · District Court, S.D. California · Sep 5, 2018

The harm falls on American consumers and the facts here clearly meet the foreseeability requirements articulated in Calder , Walden , and Western States . … necessary to establish a § 1 violation."

McNeil v. Montgomery

District Court, S.D. California · Aug 20, 2021

“To establish § 1983 liability, a plaintiff must show both (1) deprivation of a 19 right secured by the Constitution and laws of the United States, and (2) that the deprivation 20 was committed by a person acting under … ALL 12 PAYMENTS SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 13 ASSIGNED TO THIS ACTION. 14 3) DIRECTS the Clerk of the Court to serve a copy

Flowrider Surf, Ltd. v. Pacific Surf Designs, Inc.

District Court, S.D. California · Sep 22, 2020

under § 285 will also qualify 11 sanctions under the court's inherent power.” … □ 9 |) Second, the amount sought is clearly unreasonable for the weeks of work that occurred 10 |/not only after the Defendant essentially won the case, but after Defendant had already 11 || briefed the exceptional

Yablonsky v. California Department of Correction & Rehabilitation

District Court, S.D. California · Sep 1, 2022

“‘Simply not knowing who to sue,’ . . . does not qualify as a 15 ‘mistake’ under Rule 15 even when a plaintiff has identified a Doe defendant.” Cervantes 16 v. … Yablonsky implicitly challenges that finding as clearly erroneous, alleging 5 that any delay was due to COVID-19 and defendants’ own misconduct during discovery. 6 (ECF 146, at 6–7.)

Stasi v. Inmediata Health Group Corp.

District Court, S.D. California · May 5, 2020

real before mitigation can establish injury 4 fact.”); Antman, 2015 WL 6123054, at *11 (“[Ml]itigation expenses do not qualify as 5 injury; the risk of identity theft must first be real and imminent, and not … speculative, before 6 || mitigation costs establish injury in fact.”).

Harper v. George Bailey Detention Facility

District Court, S.D. California · Mar 15, 2021

Under these statutes, 14 the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which 15 is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 16 immune … “To establish § 1983 liability, a Plaintiff must show both (1) deprivation of a right 5 secured by the Constitution and laws of the United States, and (2) that the deprivation was 6 committed by a person acting under

Romero v. Securus Technologies, Inc.

District Court, S.D. California · Nov 19, 2020

“In most situations, unless 15 the settlement is clearly inadequate, its acceptance and approval are preferable to lengthy 16 and expensive litigation with uncertain results.” Nat’l Rural Telecomms. … No. 181-1 at 29), and to the 2 extent the court is empowered to do so, the settlement administrator, ILYM Group, Inc., is 3 || authorized and ordered to establish, govern, and administer a qualified settlkement fund

Moffitt v. County of San Diego

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

Plaintiff, in 6 his oppositions states that he establishes negligence claims under California Civil Code 7 § 1714.” Doc. No. 14 at 5. … County Defendants also argue that Plaintiff fails to 16 plead an applicable exception to law providing immunity for injury to prisoners.

Salcida

District Court, S.D. California · May 21, 2026

. . dismiss 2 the complaint, or any portion of the complaint, if it (1) is frivolous, malicious, or fails to 3 state a claim upon which relief may be granted; or (2) seeks monetary relief from a 4 defendant who is immune … “To establish § 1983 liability, a plaintiff must 14 show both (1) deprivation of a right secured by the Constitution and laws of the United 15 States, and (2) that the deprivation was committed by a person acting under

Fischer v. Kelly Services Global, LLC

District Court, S.D. California · Jan 31, 2024

The Complaint 13 does not qualify that allegation with the “from time to time” language used elsewhere. 14 When not accompanied by “qualifying words such as ‘sometimes’ or ‘often,’” allegations 15 connoting a uniform … The presence of difficult-to-find terms can establish a degree 16 of procedural unconscionability.

Dale Sundby and Edith Littlefield Sundby v. Fidelity National Title Insurance Company; Marquee Funding Group, Inc.; Platinum Loan Servicing, Inc.; Scot Fine; Ryan Joe (R.J.) Solovy; Troy H. Slome; Jeffrey Myers; Kathleen Myers; Andres

District Court, S.D. California · Sep 10, 2026

that the 19 Sundbys could not further amend their complaint to establish standing. … App'x 683 (9th Cir. 2008) 24 (finding quitclaim did not indicate intention to assign associated causes of action 25 where the instrument quitclaimed “all rights, immunities, and appurtenances of 26 whatsoever

(PC) Richardson v. Montgomery

District Court, S.D. California · Apr 27, 2020

Under these 5 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 6 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 7 who are immune. … ALL PAYMENTS MUST BE 13 CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 14 ACTION. 15 3.

Giffin v. Kijakazi

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

The ALJ also concluded that plaintiff’s anemia and depression did not qualify as 23 severe impairments. [Doc. No. 11-2, at p. 36.] … The claimant in Lounsburry qualified for 18 the category of “advanced age,” and plaintiff in this case only qualified for the category 19 of “approaching advanced age” on his date last insured. 20

Dr. Seuss Enters., L.P. v. Comicmix LLC

372 F. Supp. 3d 1101 · District Court, S.D. California · Mar 12, 2019

The initial burden of establishing the absence of a genuine issue of material fact falls on the moving party. Celotex , 477 U.S. at 323 , 106 S.Ct. 2548 . … At the motion-to-dismiss stage, the Court concluded that, "although Boldly fails to qualify as a parody[,] it is no doubt transformative." Id. at 8.