Case law

Steinberg v. CoreLogic Credco, LLC

District Court, S.D. California · Apr 9, 2024

See In re Immune 2 Resp. Sec. Litig., 497 F. Supp. 2d 1166, 1174 (S.D. … This factor clearly favors settlement.”); see also Blount 6 v. Host Healthcare, Inc., No. 21-cv-00310-MMA, 2022 WL 1094616, at *3 (S.D.

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.

Hollins v. Wilkie

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

Green, 411 U.S. 792 (1973). 9 Under this framework, a plaintiff must first establish a prima facie case of 10 discrimination by showing that: “(1) he belongs to a protected class; (2) he was 11 qualified for … As explained below, Plaintiff cannot establish a triable issue as to his hostile 18 work environment claim.

James v. Lee

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

P. 37(a). 25 “The party seeking to compel discovery has the burden of establishing that his request 26 satisfies the relevancy requirements of Rule 26(b)(1).” Bryant v. … ’s health and safety; 14 • Defendant acted in bad faith and qualified

Keavney v. O'Brian

District Court, S.D. California · Dec 11, 2020

To meet this causation 14 requirement, the plaintiff must establish both causation-in-fact and proximate 15 causation.”). … ALL 12 PAYMENTS SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 13 ASSIGNED TO THIS ACTION. 14 4.

Kimber v. Harker

District Court, S.D. California · Jan 16, 2024

Because “[t]he FTCA 2 immunizes federal employees from individual liability for an ‘action [that] is properly 3 against the United States under the FTCA,’” M.J. ex rel. Beebe v. … ADA 21 The ADA provides that “[n]o covered entity shall discriminate against a qualified 22 individual on the basis of disability in regard to job application

Smith Interface Technologies, LLC v. Apple Inc.

District Court, S.D. California · Jan 28, 2026

To 9 show it is entitled to judgment as a matter of law, the moving party must clearly establish 10 on the face of the pleadings that no material issue of fact remains to be resolved. … Cir. 2017). 23 In light of the foregoing, the Court FINDS Smith Interface has clearly established 24 that no material issue of fact remains with respect to Apple’s allegations regarding a 25 misrepresented priority

Mitchell v. Chula Vista Parole

District Court, S.D. California · Aug 31, 2020

This is clearly not a protectable liberty 22 interest under DeShaney.”). 23 There are two exceptions to this general rule. … ALL 23 PAYMENTS SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 24 ASSIGNED TO THIS ACTION. 25 3.

Ensambles Hyson, S.A de C.V. v. Sanchez

District Court, S.D. California · Feb 23, 2024

Respondent was well-qualified for his role—which paid nearly $300,000 by the time 19 he left RBC’s employ, Manahan Decl. … Instead, the Ninth Circuit has asked whether an agreement clearly, unmistakably, 25 and specifically delegates waiver. See id.

Aho v. Americredit Financial Services, Inc.

277 F.R.D. 609 · District Court, S.D. California · Nov 8, 2011

In contrast, Rule 23(b)(3) applies to situations “in which class-action treatment is not as clearly called for,” as in a (b)(2) class. Id. (quoting Amchern Prods., Inc. v. … For these reasons, the Court finds Plaintiff has not established that common evidence predominates with respect to the statutory damages claim.

United States v. 1,960 Acres of Land

54 F. Supp. 867 · District Court, S.D. California · Jan 4, 1944

Title 5 U.S.C.A. §§ 291 , 301 to 317, inclusive, relate to the creation of the Department of Justice, the establishment of the office of Attorney General, prescribe his general duties and powers, authorize the appointment … It cannot be said that the construction of the statute embodied in the Book of Instructions (supra) is clearly erroneous or manifestly wrong.

Ramirez v. Gutierrez

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

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 9 MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO 10 THIS ACTION. 11 3.

Smith v. Avalos

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

Under these 16 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, 17 which is frivolous, malicious, fails to state a claim, or seeks damages from defendants who 18 are immune … ALL PAYMENTS MUST BE CLEARLY 2 || IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 3 4.

Sandoval v. San Diego, County of

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

Falgiani and Nurse Vontoure are not sufficiently 18 qualified to offer opinions on causation. 19 Dr. Falgiani. Dr. … Additionally, 8 “[i]t is well-established…that expert testimony concerning an ultimate issue is not per se 9 improper.” Handgarter v.

Francisco v. Mohamad

District Court, S.D. California · Sep 27, 2022

need any further assessment,” and neglected the severity of his condition and decided 14 to refuse timely adequate medical care or spend funds on costly treatment as recommended 15 by the physical therapist in order to qualify … Mohamed and failing to identify any staff by name, is clearly 19 insufficient to “alert the prison to the problem.” Id.

Allen v. Cardenas

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

An equal protection claim may be established in two ways. … ALL 22 PAYMENTS SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 23 ASSIGNED TO THIS ACTION. 24 4.

Collins v. Spencer

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

This was clearly a mistake—paragraph 12 6 of the Amaichigh Declaration notes that, “[b]ased on the consensus scores, the panel 7 recommended to Mr. … Ariz. 2004) (“[U]nder the Ninth Circuit analysis, 2 [surveillance] does not itself qualify as an adverse employment action.”).

Herring Networks, INC v. Maddow

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

First, the defendant must establish that “the challenged cause of action is one 4 arising from protected activity.” Id. … to construe the statement as insinuating the existence of additional, 22 undisclosed facts.”). 23 The basis for Maddow’s allegedly defamatory statement is clearly

Hueso v. Select Portfolio Servicing, Inc.

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

Qualified written requests 24 RESPA requires the servicer of a federally related mortgage loan to provide a timely 25 written response to inquiries, or “qualified written requests, … Plaintiff here claims 4 that through an act of fraud alone, Defendants are now in receipt of stolen property. 5 However, the statute clearly requires that property received by a person or entity subject 6 to the statute

Alonzo

District Court, S.D. California · Aug 27, 2026

Id. at ¶¶ 52–58. 21 Dexcom’s ability to compete with Abbott, however, was allegedly hindered by its lack of 22 established relationships with primary care physicians, absence of a comparable rebate 23 program, and … The 11 SACC does not allege what share of new prescriptions Dexcom needed to win, how 12 substantially it needed to narrow Abbott’s lead, or what increase in market share would 13 qualify as “competitive success”—or