Case law

Quechan Tribe of the Fort Yuma Indian Reservation v. United States Department of the Interior

927 F. Supp. 2d 921 · District Court, S.D. California · Feb 27, 2013

Appropriate environmental safeguards can be applied to individual project proposals which clearly must be situated where the particular energy resource are favorable.” … The ROD established numerous mitigation measures to limit the impact of the project.

Vaught IV v. Oppedisano

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

But that is insufficient to establish deliberate indifference. Colwell v. Bannister, 11 763 F.3d 1060, 1068 (9th Cir. 2014) citing Snow v. … ALL PAYMENTS 9 MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO 10 THIS ACTION. 11 3.

Fischer v. Kijakazi

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

Zurko, 527 U.S. 150, 153, 162-65 (1999) (noting that the “clearly erroneous” 22 standard allows for “somewhat closer judicial review” than the “substantial evidence” 23 standard, but explaining “the difference is a subtle … Defendant, however, seems to be content to permit payment to 13 Plaintiff’s counsel if Plaintiff does not have any qualifying government debt 14 . . . .

Rapinoe v. San Diego County Sheriffs Officer

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

Under these statutes, 15 the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which 16 is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 17 immune … All 28 payments should be clearly identified by the name and number assigned to this action. 1 3.

Latham v. Pollard

District Court, S.D. California · Nov 17, 2021

dismiss the complaint, or 22 any portion of the complaint,’ if it ‘(1) is frivolous, malicious, or fails to state a claim 23 upon which relief may be granted; or (2) seeks monetary relief from a defendant 24 who is immune … evidence, and confront and cross- 20 examine witnesses; (3) an independent decisionmaker; (4) a written statement by 21 the factfinder which identifies the evidence relied on and the reasons for the 22 transfer; (5) qualified

In Re: Enrique V. Greenberg

District Court, S.D. California · Feb 2, 2021

The Court will presume that the two positions are “clearly 11 inconsistent” and proceed to analyze the remaining judicial estoppel factors. 12 As to the second factor, the bankruptcy court did not accept U.S. … in bankruptcy must establish standing.

Felts v. United States

District Court, S.D. California · Sep 19, 2024

to “continue to provide such information establishing the factual innocence of 28 [Petitioner].” … Petitioner also contends his attorney was ineffective for 24 telling him he did not qualify for the Adam Walsh Act. 25 Respondent argues Petitioner’s ineffective assistance of counsel claims

Cranton v. Grossmont Hospital Corporation

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

Verizon California, Inc., which Braswell claims “f[ou]nd[] preemption under LMRA § 301 where named plaintiff was not a party to the qualifying CBA.” Id. … Harris clearly was.” 108 Cal. App. 4th at 169.

Oliva v. kijakazi

District Court, S.D. California · Dec 12, 2023

As such, evidence of an 4 ability to engage in ADLs is only probative when it is “inconsistent” with a plaintiff’s 5 testimony or where it establishes skills that can readily be transferred to the workplace. … Here, although the ALJ failed to properly assess plaintiff’s 28 subjective symptom testiomony, he also noted a panoply of qualified medical practitioners 1 ||had opined plaintiff was capable of working.

Ewing v. Freedom Forever, LLC

District Court, S.D. California · Aug 21, 2024

Shinseki, 562 U.S. 428, 434 (2011). 14 The party asserting jurisdiction—here, Defendant—bears the burden of establishing 15 that subject matter jurisdiction exists. Kokkonen v. Guardian Life Ins. … App. 2016) (applying Vivian’s “clearly prohibits” rule to 22 protect the strong public interest in incentivizing doctors to report public health concerns). 23 And even if Vivian’s “clearly prohibits” rule ensures that

Arellano v. Olson

District Court, S.D. California · Feb 4, 2022

Under these 9 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion 10 found frivolous, malicious, failing to state a claim, or seeking damages from defendants 11 who are immune. … ALL PAYMENTS MUST BE 22 CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 23 ACTION. The Court DIRECTS the Clerk of the Court to serve a copy of this Order by 24 U.S.

Talavera Hair Products, Inc. v. Taizhou Yunsung Electrical Appliance Co., LTD.

District Court, S.D. California · Aug 6, 2021

Plaintiff clearly alleges that 22 the Defaulted Defendants infringe its U.S. … Plaintiff clearly alleges 19 that the Defaulting Defendants used its trade dress. See Compl. ¶¶ 64, 68.

Sekerke v. Olsen

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

Sardone, 94 F.3d 1233, 1236 (9th Cir. 1996) 20 (collecting cases to show that it is “well-established that there is generally no constitutional 21 right to counsel in civil cases”). … internal quotation 17 omitted). 18 Third, though Plaintiff contends that “there are numerous factual questions requiring 19 an expert witness[,]” and “clearly

Cortina v. Kijakazi

District Court, S.D. California · Feb 6, 2024

established by medical evidence.”); Corrao v. … established that [the claimant] did not have a medically severe 28 impairment or combination of impairments.’”

Aram Logistics v. United States Liability Insurance Company

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

USLI further explained that none 18 of the remaining allegations in the Diakon Action qualified as “personal or advertising 19 injury.” … The rationale of this “extrinsic evidence” rule is that neither the insured nor the 6 insurer should be bound by the specific allegations advanced by a third party, when the 7 circumstances of the case clearly establish

Johnson v. Kijakazi

District Court, S.D. California · Aug 15, 2022

His speech was normal and clearly articulated. Id. He could 15 recall three items immediately and two items after five minutes and three items with 16 hints. Id. … The Social Security 13 regulations establish a five-step sequential evaluation to determine whether an applicant 14 is disabled under this standard. 20 C.F.R. §§ 404.1520(a), 416.920(a); Batson v.

La Posta Band of Diegueno Mission Indians of the La Posta Reservation v. Trump

District Court, S.D. California · Dec 16, 2020

.”) ¶ 4.) 20 The Davies Valley site features a “circle approximately 120 ft in diameter, marked clearly 21 with a perimeter of stones and containing rock cairns.” (Id. ¶¶ 3–4.) … First, the Court notes that locations of tribal cultural sites are kept confidential 16 by Kumeyaay tribes and revealed only to qualified recipients. (See Second Parada Decl. 17 ¶ 7.)

Atkinson v. Nelson

District Court, S.D. California · Feb 27, 2023

) & 1915A(b), which require this 8 Court to sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which is 9 frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 10 immune … Once 14 Plaintiff was on the ground and “clearly no longer resisting,” Defendant Nelson “viciously” 15 struck Plaintiff in the head and neck approximately eight times while the only movements 16 Plaintiff made were

United States v. Fallbrook Public Utility District

165 F. Supp. 806 · District Court, S.D. California · Aug 8, 1958

Adverse use is, of course, one of the prerequisites to the establishment of a prescriptive right. As stated in City of San Diego v. … Since the United States is immune from suit except by consent and since it had exclusive jurisdiction within the enclave, there was no means by which a person adversely affected by the government user downstream (assuming

Houston Municipal Employees Pension System v. BofI Holding, Inc.

District Court, S.D. California · May 6, 2021

Cal.), ECF No. 1 (the “Erhart 13 Complaint”) filed against BofI by Charles Matthew Erhart, a former BofI internal auditor, 14 and several articles by Seeking Alpha—could not establish loss causation. … 2 Seeking Alpha articles failed to qualify as corrective disclosures. 3 An independent reading of the TAC confirms that Plaintiff has alleged that the 4 Erhart Complaint “reveal[ed] new facts that, taken as