Case law

RMS NA, Inc. v. RMS (AUS) PTY LTD

District Court, S.D. California · Oct 15, 2024

No. 16.) 3 This Court’s Civil Case Procedures clearly state the moving party is to contact 4 opposing counsel prior to filing the motion to meet and confer, and that all ex parte … However, the Ninth Circuit 23 has also “recognized that intangible injuries, such as damage to ongoing recruitment efforts 24 and goodwill, qualify as irreparable harm.” Id.

Reyes v. Chief Medical Officer

District Court, S.D. California · Oct 26, 2020

Under these 22 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion 23 thereof, if it is frivolous, malicious, fails to state a claim, or seeks damages from defendants 24 who are immune … ALL PAYMENTS MUST BE CLEARLY 16 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 17 (3) DIRECTS the Clerk of the Court to serve a copy of this Order on Kathleen 18 Allison, Secretary

Harvey v. Advisors Mortgage Group, LLC

District Court, S.D. California · Oct 4, 2021

On the 3 record before the Court, amounts from any other time periods clearly are not “in 4 controversy” with respect to Plaintiff individually. 5 Third, Defendant argues that … Here, Plaintiff 10 alleges that, “[t]o the extent these [uncompensated] hours do not qualify for the payment 11 of overtime, Plaintiff and Class Members were not being paid at least the lawful 12 minimum

Philadelphia Indemnity Insurance Company v. Sealfit, Inc.

District Court, S.D. California · Jan 14, 2020

Co. of America, 720 17 F.2d 1016 (9th Cir. 1983) (insurance policy covering claims for property damage clearly 18 did not cover antitrust claims). … If Sealfit proves in the Wrongful Death Action that 19 Deligiannis did not die “while practicing for or participating in” Kokoro, Sealfit can 20 establish that Philadelphia’s “Endorsement” does not apply thereby confirming

L ALD LLC v. Gray

District Court, S.D. California · Aug 4, 2025

The copyright registration certificate is clearly relevant and undisputed in its 14 accuracy and authenticity, and the Court takes judicial notice of it. … To plausibly allege such a theory, Plaintiff must establish a 14 “particular chain of events” that is “established between the plaintiff’s work and the 15 defendant’s access to that work.”

Andrews v. Saul

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

established by medical evidence.” … (AR at 196). 22 Having carefully reviewed the objective medical evidence, the Court 23 finds that it does clearly establish that Plaintiff did not have mental 24 impairments that did, or were

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.

Shallowhorn v. Carrillo

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

App’x 881, 23 884 (9th Cir. 2018) (“Neither our prior case law nor that of the Supreme Court has clearly 24 established that merely refusing to accept a grievance for processing is a retaliatory adverse 25 action.”) … Retaliatory motivation is not established 13 simply by showing an adverse action by the defendant after protected speech.

Borzouei v. Bitter

District Court, S.D. California · Dec 14, 2022

The plaintiff bears the burden of establishing the 1 Court’s jurisdiction. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 562, 112 S. Ct. 2130, 2 119 L. Ed. 2d 351 (1992); Tuazon v. R.J. … The visa application became 13 “documentarily qualified” for interview on March 24, 2021. Id. ¶ 5. Ms.

Escamilla Avina v. Patenaude & Felix, APC

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

Whether the conduct alleged states a violation of the FDCPA 16 Defendants also argue that the “sewer service” alleged in the FAC is not the type of 17 conduct that qualifies as a violation of the FDCPA and that … As explained in more detail below, the Ninth Circuit very clearly states that 8 agency principles underpin vicarious liability for FDCPA violations.

Arellano v. Calderon

District Court, S.D. California · Aug 11, 2022

Under these statutes, the Court 24 must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which is frivolous, 25 malicious, fails to state a claim, or seeks damages from defendants who are immune. … “[A] purposeful act or failure 15 to respond to a prisoner’s pain or possible medical need,” which causes harm is sufficient 16 to establish deliberate indifference. Jett v.

Himes v. Hadjadj

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

Dec. 20, 2019). 22 Because Plaintiff has failed to establish that due process protections under the 23 Fourteenth Amendment extend to violations of the CCR’s inmate religious diet 24 provisions, or that Defendant was … CONCLUSION AND RECOMMENDATION 9 Because the Complaint fails to state a cognizable claim, the Court need not 10 || consider the parties’ qualified immunity arguments.

Ignacio Canela v. W. L. Montgomery

District Court, S.D. California · Mar 21, 2023

To qualify for 15 equitable tolling, a habeas petitioner must establish that (1) “he has been pursuing his 16 rights diligently”; and (2) “‘some extraordinary circumstance stood in his way’ and 17 prevented timely filing … He therefore does not qualify for a Kelly stay. 5 In conclusion, Canela’s only timely claim is his Faretta claim.

Quintero v. Hill

District Court, S.D. California · Oct 29, 2024

The Court must sua 5 sponte dismiss a prisoner’s IFP complaint, or any portion of it, which is frivolous, 6 malicious, fails to state a claim, or seeks damages from defendants who are immune. … Plaintiff clearly informed Defendant correctional officer Lieutenant Poladian of 3 the reason he was refusing the transfer. (Id. at 3.)

LifeVoxel Virginia SPV, LLC v. LifeVoxel.AI, Inc.

District Court, S.D. California · Aug 23, 2022

The issuer 9 must demonstrate that it qualifies for the registration exemption. See SEC v. … The SAFE Notes 14 themselves required the investor to be accredited and clearly stated the securities were 15 not registered. ECF No. 14; ECF No. 1, Exhibit C.

Spice Jazz LLC v. Youngevity International, Inc.

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

Spice 21 Jazz argues that a claim regarding the quantity or availability of a product does not 22 qualify under this section. … advertisement a sufficient quantity of the advertised product to meet reasonably anticipated demands, 18 unless the advertisement clearly

Royal v. Kijakazi

District Court, S.D. California · Jan 23, 2023

Shima administered Argentyn 23 19 injections for immune system support in September of 2012, Plaintiff still reported 20 fatigue in January of 2013. (See id. at 472-74). Dr. … Treatment notes during these sessions assess 3 “muscle pain,” “muscle cramps,” and intravenous treatment for fatigue, energy levels, 4 and immune system support.

Ruiz Oliva v. Espinoza Espinoza

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

. § 1331 12 because Petitioner cannot establish wrongful removal or retention of P.E. as defined by the 13 Treaty. Answer at 2. … To qualify as a grave risk of psychological harm under the Convention, the risk must be to P.E.

Ameranth, Inc. v. ChowNow, Inc.

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

An appropriate action for declaratory relief qualifies as a case or controversy 7 within Article III. … The party seeking to establish federal jurisdiction bears the burden of establishing 9 McNutt v. Gen. Motors Acceptance Corp. of Indiana, 298 U.S. 178, 189 (1936). 10 2.

Gold v. National Default Servicing Corporation

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

First, some of Plaintiff’s letters to SPS 25 appear wholly unrelated to loan servicing and therefore do not qualify as QWRs. … Plaintiff's claims against the Bird Rock Defendants are 10 |/clearly frivolous and granting further leave to amend would be futile.