Case law

Jones v. Montgomery

District Court, S.D. California · Jun 3, 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 5 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 6 3. DIRECTS the Clerk of the Court to serve a copy of this Order by U.S.

Butler v. Classification Deputy

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

Under these statutes, the Court 9 must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which is 10 frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 11 immune … Butler’s allegations fail to assert the requisite causal link between 18 any specific person’s actions or failure to act, and a clearly identified constitutional 19 violation.

Luminate Home Loans, Inc. v. Better Mortgage Co., et al.

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

A plaintiff must “clearly refer 6 to tangible trade secret material” rather than referring to information “which potentially 7 qualifies for trade secret protection.” InteliClear, LLC v. ETC Glob. … It is well established that, under California law, plaintiffs can 4 seek monetary damages for “the detriment caused by the breach.” See In re Facebook, 5 Inc., Consumer Priv. User Profile Litig., 402 F.

Thomas v. Chu

District Court, S.D. California · May 14, 2021

And while Plaintiff’s FAC 25 mostly identifies Defendants in groups, and does not clearly single out what each 26 individual person allegedly did to cause him injury, the Court liberally construes and 27 incorporates … The 8 denial of an administrative grievance, without more, is insufficient to establish a civil 9 rights violation. See e.g., Mann v.

Hammler v. Imada

District Court, S.D. California · Aug 11, 2021

Hall, 64 F.3d 1276, 1279 (9th Cir. 1995) 7 (“The right of meaningful access to the courts extends to established prison grievance 8 procedures.”), overruled on other grounds by Shaw v. … ALL PAYMENTS MUST BE CLEARLY 27 IDNETIFIED BY THE NAME AND NUMBER ASSIGNED TO HIS ACTION. 28 / / / 1 3.

In Re: Enrique V. Greenberg

District Court, S.D. California · Apr 16, 2021

The Compromise Order clearly dealt 20 with matters arising under federal bankruptcy law, and thus federal res judicata principles 21 apply. See id.; cf. Vazquez v. … to his proposed plan of confirmation, ECF No. 55 at 6, which was not 16 an issue in this appeal. 17 The Court therefore finds Greenberg’s other arguments do not establish

Lucent Technologies, Inc. v. Gateway, Inc.

580 F. Supp. 2d 1016 · District Court, S.D. California · Jun 19, 2008

Lucent introduced evidence sufficient for the jury to conclude that Microsoft’s tools did not have substantial nonin-fringing uses immunizing it from liability for contributory infringement. … The Court may decline to apply the laches defense, even where the defendant establishes the laches factors by proof or presumption. Id.

Sumana Forest Retreat v. County of San Diego, California

District Court, S.D. California · Feb 24, 2025

Multiple courts in the Ninth Circuit have held that “[s]afety laws such as 12 building or construction code provisions do not qualify as ‘land use regulations’ under 13 RLUIPA, at least where they do not explicitly reference … “In the context of provision of electrical services, a 21 vested right exists if plaintiff can establish a ‘legitimate claim’ to continued electricity.” 22 Autotek, Inc. v.

Diaz v. Allstate Northbrook Indemnity Company

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

Defendant points to numerous courts within the Ninth Circuit that have 10 “held damages claims must be specific to establish an amount in controversy.” Id. … Thus, 7 the Court finds Plaintiff’s Statement of Damages6 qualifies as an “other paper” within the 8 meaning of the statute that triggers the thirty-day removal clock.

Salmen v. Barrientos

District Court, S.D. California · May 11, 2021

Under these 16 statutes, the Court must sua sponte dismiss a prisoner's IFP complaint, or any portion of 17 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 18 who are immune … (quoting Heck, 512 U.S. at 487). 11 Heck’s bar applies in the prison disciplinary context if the “defect complained of 12 by [Plaintiff] would, if established, necessarily imply the invalidity

Cabrales v. Bae Systems San Diego Ship Repair, Inc.

District Court, S.D. California · Jul 25, 2025

In re Immune Response Sec. Litig., 497 F. Supp. 2d 1166, 1177 8 (S.D. Cal. 2007) (quoting In re Media Vision Tech. Sec. Litig., 913 F. Supp. 1362, 1366 9 (N.D. … See In re Immune Response, 497 F.

Conway v. San Diego Sheriff's Office

District Court, S.D. California · Feb 3, 2021

“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 PAYMENTS MUST 12 BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 13 ACTION. 14 3.

Calderon v. Saul

District Court, S.D. California · Mar 31, 2022

Id. 5 To qualify for disability benefits under the Social Security Act, a claimant must 6 show two things: (1) The applicant suffers from a medically determinable impairment 7 that can be expected to result in … In step five, the Commissioner must establish that 6 the claimant can perform other work. Id. § 416.920(g).

Keller v. Kijakazi

District Court, S.D. California · Sep 19, 2023

Plaintiff must show that his impairment meets all the specified medical 2 criteria to qualify as disabled. See 20 C.F.R. § 416.920(a)(4)(iii). … Bohn’s report did not qualify as a medical opinion.

Alvarado v. County of San Diego

District Court, S.D. California · Mar 28, 2023

s Complaint is also subject to sua sponte 18 review, and mandatory dismissal, if it is “frivolous, malicious, fail[s] to state a claim upon 19 which relief may be granted, or seek[s] monetary relief from a defendant immune … ALL PAYMENTS MUST BE 25 CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 26 ACTION. 27 3.

Blacher v. Diaz

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

Under these 5 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, 6 which is frivolous, malicious, fails to state a claim, or seeks damages from defendants who 7 are immune. … ALL PAYMENTS MUST BE 27 CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 28 ACTION. 1 3.

Patton v. Rey

District Court, S.D. California · Jan 17, 2023

s Complaint is also subject to sua sponte 18 review, and mandatory dismissal, if it is “frivolous, malicious, fail[s] to state a claim upon 19 which relief may be granted, or seek[s] monetary relief from a defendant immune … ALL PAYMENTS MUST BE 22 CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 23 ACTION. 24 4.

The Upper Deck Company v. Panini America, Inc.

District Court, S.D. California · Apr 13, 2021

“Judgment on the pleadings is proper when the moving party clearly 20 establishes on the face of the pleadings that no material issue of fact remains to be 21 resolved and that it is entitled to judgment as a matter of … However, on a motion for judgment on the 16 pleading, the Court concludes the SAC has plausibly alleged that the Agreement includes 17 use of the Jordan Marks and the Court cannot conclude that it is clearly established

Williams v. Yanez

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

“To establish § 1983 liability, a plaintiff must show both (1) 2 deprivation of a right secured by the Constitution and laws of the United States, and (2) 3 that the deprivation was committed by a person acting under … ALL PAYMENTS MUST BE 3 || CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 4 || ACTION. 5 3.

Corpuz v. Walmart, Inc.

District Court, S.D. California · Aug 10, 2023

The Product’s PDP “clearly 8 states the Product is Fish Oil and contains 600mg EPA and 400mg DHA. It does not. … These allegations are sufficient to establish standing at this juncture.