Case law

Stone v. AT&T Corp.

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

The Court cannot conclude that Defendants’ evidence so clearly 15 contradicts and negates the circumstantial evidence offered by Plaintiff that it would 16 prevent a rational person from finding for Plaintiff. … Plaintiff’s expert Jeffrey A. 22 Hansen describes Fiddleback at length as qualifying as an ATDS.

Ramsey v. Zhang-MD

District Court, S.D. California · Jun 23, 2020

Under these statutes, the Court 2 must sua sponte dismiss complaints, or any portions thereof, which are frivolous, 3 malicious, fail to state a claim, or which seek damages from defendants who are immune. 4 See Lopez … ALL 10 PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 11 ASSIGNED TO THIS ACTION. 12 3.

The Estate of Omar Moreno Arroyo, by and through its successor-in-interest Tammy Wilson, et al. v. County of San Diego, et al.

District Court, S.D. California · Oct 21, 2025

immunity analysis required for each Defendant. … There was either a failure of 28 policy or failure to train that once it was established that there was 1 no basis to hold someone in jail that the detainee should be released. . .

Cunningham v. Ramos

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

Under these 22 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, 23 which is frivolous, malicious, fails to state a claim, or seeks damages from defendants who 24 are immune … “To establish § 1983 liability, a plaintiff must show both (1) deprivation of a right 16 secured by the Constitution and laws of the United States, and (2) that the deprivation was 17 committed by a person acting under

Quinn v. Pollard

District Court, S.D. California · Sep 1, 2023

“To establish § 1983 liability, a plaintiff must show both (1) 20 deprivation of a right secured by the Constitution and laws of the United States, and (2) 21 that the deprivation was committed by a person acting under … ALL 27 PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 28 ASSIGNED TO THIS ACTION. l 3.

Cardona v. Kijakazi

District Court, S.D. California · Apr 25, 2022

An impairment that manifests only some of 6 those criteria, no matter how severely, does not qualify.”) (citation omitted)). … Id. 9 Plaintiff argues that she “clearly cannot perform her past relevant work.” Mot. at 9.

Allmaras v. University Mechanical & Engineering Contractors, Inc.

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

“Judgment on the pleadings is proper when the moving party 13 clearly establishes on the face of the pleadings that no material issue of fact remains to be 14 resolved and that it is entitled to judgment as a matter of … Accordingly, Defendant has “establishe[d] on the 20 face of the pleadings that no material issue of fact remains to be resolved and that it is 21 entitled to judgment as a matter of law.”

Reayes v. Madden

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

Under these 9 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 10 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 11 who are immune … ALL PAYMENTS MUST BE 17 CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 18 ACTION. 19 3.

Siulua

District Court, S.D. California · Jul 14, 2026

Both Petitioner’s claims arise from the recall of his sentence 16 under California Penal Code section 1172.1 due to unspecified changes in the law. 17 Even if Petitioner clearly identified the changes, a state-court … Newland, 410 F.3d 1083, 1088–89 (9th Cir. 2005) (“If a change in (or 21 clarification of) state law . . . could qualify as a ‘factual predicate,’ then the term 22 ‘factual’ would be meaningless”); see also Stroud, 2020

Shallowhorn v. Hopper

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

Under these 6 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 7 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 8 who are immune. … ALL PAYMENTS 22 MUST CLEARLY IDENTIFY THE NAME AND CASE NUMBER ASSIGNED TO 23 THIS ACTION. 24 3.

Assadian v. Oudkirk

District Court, S.D. California · Sep 25, 2023

Their cases “became documentarily qualified 11 (meaning all necessary documents had been submitted) at the NVC” on February 8, 2021 12 and May 3, 2021. (Id. ⁋⁋ 6, 10.) … “The agency action must be pursuant to a legal obligation ‘so clearly set 18 forth that it could traditionally have been enforced through a writ of mandamus.’” Id. at 19 1075–76 (quoting Hells Canyon Pres.

Cowan v. San Diego Sheriff's Department

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

In order to state a claim of a 6 denial of the right to access the courts, a prisoner must establish that he has suffered 7 “actual injury,” a jurisdictional requirement derived from the standing doctrine. … ALL PAYMENTS MUST BE CLEARLY 12 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 13 3.

Mendez v. Loanme, Inc

District Court, S.D. California · Oct 13, 2020

Plaintiff 25 alleges that although he pre-qualified for a $50,000 business loan “with a reasonable 26 interest rate,” he was “baited and switched” by Defendants and instead offered a $26,500 27 loan at 104% APR for … “Generally, the [FAA] establishes that, as a matter of federal law, 20 any doubts concerning the scope of arbitrable issues should be resolved in favor of 21 arbitration.” Portland Gen. Elec. Co. v. Liberty Mut.

Velasquez v. O'Malley

District Court, S.D. California · Sep 27, 2024

Security 28 1 abnormalities that would have no more than a minimal effect on his ability to work during 2 the timeframe in question, and therefore qualify … The 12 examination clearly addresses Plaintiff’s carpel tunnel syndrome on both sides.

Blythe v. City of San Diego

District Court, S.D. California · Jun 2, 2025

The Court found that the sign code was clearly “content based on its 27 1 face.” Id. at 164. … Law enforcement can only 3 enforce the Ordinance against those who are knowingly and willfully engaging in the 4 unconsented interactions the Ordinance clearly defines.

Dunbar v. Pena

District Court, S.D. California · Jan 19, 2022

Under these statutes, 27 the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which 28 is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 1 immune … ALL PAYMENTS SHALL BE 22 CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 23 ACTION. 24 3.

Foyer v. Wells Fargo, NA.

District Court, S.D. California · Oct 6, 2020

To satisfy this requirement, Plaintiffs must “(1) establish a loss or 19 deprivation of money or property sufficient to qualify as injury in fact, i.e., economic 20 injury, and (2) show that the economic injury was the … Case law provided by Wells Fargo clearly distinguishes between what 21 Plaintiffs already owe versus what they do not need to owe. 22 Wells Fargo appears to argue that the mortgage agreement has functionally

Reyes v. Alonzo

District Court, S.D. California · Mar 2, 2022

Under these 22 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, 23 which is frivolous, malicious, fails to state a claim, or seeks damages from defendants who 24 are immune … ALL PAYMENTS MUST BE CLEARLY 14 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 15 3.

Norris v. Kijakazi

District Court, S.D. California · Jan 26, 2024

“A generalized assertion of functional problems is not 9 enough to establish disability at step three.” Tackett v. … It is well-established that evidence and opinions falling outside of 22 onset disability time frames do not qualify as significant nor probative evidence.

Brown v. Arias

District Court, S.D. California · Dec 20, 2023

Petitioner admitted a previous 3 robbery conviction that qualified as a prison prior, serious felony prior, and strike prior, 4 and the trial court applied certain enhancements for firearm use and gang activity, resulting … Prosper, 8 592 F.3d 1046, 1048 (9th Cir. 2010) (recognizing a petitioner “bears the heavy burden” of 9 establishing entitlement to equitable tolling).