Case law

Rael v. The Children's Place, Inc.

District Court, S.D. California · Jan 28, 2020

“Tier 2 22 Authorized Claimants” include individuals whose qualifying purchases total $50.01 to 23 $150. (Id. at § 2.1(b)). … Arizona Citrus Growers, 904 F.2d 1301, 1311 (9th Cir. 1990)) (noting that the 21 Ninth Circuit “has established 25% of the common fund as a benchmark award for 22 attorney fees.”)

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

Joseph Denunzio Fruit Co. v. Crane

79 F. Supp. 117 · District Court, S.D. California · Jun 16, 1948

A qualified acceptance is a new proposal.” … The latter case clearly supports the position of A. B.

Shafihie v. San Diego Sheriff's Department

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

Under these statutes, the Court must review 12 and sua sponte dismiss any complaint or portion thereof that is frivolous, malicious, fails 13 to state a claim, or seeks damages from defendants who are immune. … All 10 payments must be clearly identified with the name and number assigned to this action; 11 (3) DIRECTS the Clerk of the Court to serve a copy of this Order by U.S.

Hughes v. Saul

District Court, S.D. California · Feb 9, 2022

Id. 27 1 To qualify for disability benefits under the Social Security Act, a claimant must 2 show two things: (1) The applicant suffers … In step five, the Commissioner must establish that the 3 claimant can perform other work. Id. § 404.1520(g).

Victoria v. City of San Diego

District Court, S.D. California · Sep 23, 2019

The law clearly 10 allows actions against supervisors under section 1983 as long as a sufficient causal 11 connection is present and the plaintiff was deprived under color of law of a federal secured 12 … ’ motion established a written policy.

Turley v. Laqunas

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

Under these statutes, the Court 18 must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which is frivolous, 19 malicious, fails to state a claim, or seeks damages from defendants who are immune. … “To establish § 1983 liability, a plaintiff must show both (1) deprivation of a right 19 secured by the Constitution and laws of the United States, and (2) that the deprivation was 20 committed by a person acting under

Maddern v. Austin

District Court, S.D. California · Oct 20, 2022

However, this result alone 11 does not qualify the procedure for coverage under the TRICARE program. … 1294 20 (identifying the relevant “CPT Procedure Codes” as including “22864 – 27138”). 21 Moreover, while the Superion Device and X-Stop may be in the same class of devices, 22 AR 1304, the evidence in the record clearly

Berg

District Court, S.D. California · May 29, 2026

“[T]he mere fact that [a party] lost cannot establish his objective 19 unreasonability.” Seltzer v. … Congress has specified six categories of litigation 18 expenses that qualify as “costs.” See 28 U.S.C. §§ 1821, 1920.

Drake v. Bayer Healthcare LLC

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

Dannon Co., Inc., 255 F.R.D. 658, 664–65 (C.D.Cal.2009) (“The proposed 13 class members clearly share common legal issues regarding [Defendant’s] alleged 14 deception and misrepresentations in its advertising and promotion … Adequacy is satisfied where 24 (i) counsel for the class is qualified and competent to vigorously prosecute the action, and 25 (ii) the interests of the proposed class representatives are not antagonistic to the interests

Granados v. Hyatt Corporation

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

See In re Immune Resp. Sec. Litig., 497 F. Supp. 2d 1166, 1174 (S.D. … Supp. 3d at 1023 (quoting In re Immune Response Sec. Litig., 497 F. Supp. 2d 1166, 11 1177 (S.D.

Mammadov

District Court, S.D. California · Apr 22, 2026

Each of these allegations clearly describes intentional acts allegedly committed 15 by Defendant. Therefore, Plaintiff satisfies the first requirement of the Calder test. 16 b. … Jeffrey 7 Ginn is a plant manager for a subsidiary of Defendant BTG, id. at 12, and he is not 8 authorized to receive service of process under Section 416.10, because he is not a 9 designated agent, qualifying

McCurley v. Royal Seas Cruises, Inc.

District Court, S.D. California · Jan 29, 2021

Execuair Corp., 953 F.2d 510, 515 (9th Cir. 1992)). 5 On the other hand, the Ninth Circuit has clearly held that the TCPA does not violate 6 the First Amendment. Gomez v. … Campbell-Ewald Co., 768 F.3d at 879. 16 Plaintiff has the burden of establishing that an agency relationship exists.

Doe v. McAleenan

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

(Mot. for TRO at 32–33). 14 Petitioners’ declarations provide sufficient evidence to establish a likelihood of 15 irreparable injury. … The presence of 24 counsel was clearly helpful to Petitioner Cristian Doe in presenting his fear of return to 25 Mexico.

Ward v. Pascual

District Court, S.D. California · Mar 25, 2024

The Court must sua sponte 21 dismiss a prisoner’s IFP complaint, or any portion of it, which is frivolous, malicious, fails 22 to state a claim, or seeks damages from defendants who are immune. Lopez v. … The assault resulted from a violation of clearly established California Department of 2 Corrections and Rehabilitation (“CDCR”) policies by Pascual and Defendants RJD 3 Correctional Officers Sosa and Massaro

Toscano v. Ramos

District Court, S.D. California · May 10, 2022

Under these statutes, the Court 5 must sua 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. … “To establish § 1983 liability, a plaintiff must show both (1) deprivation of a 22 right secured by the Constitution and laws of the United States, and (2) that the deprivation 23 was committed by a person acting under

Clinton v. Pollard

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

establish that 20 policy.” … ALL PAYMENTS MUST CLEARLY 3 IDENTIFY THE NAME AND CASE NUMBER ASSIGNED TO THIS ACTION. 4 3.

40235 Washington St. Corp. v. WC LUSARDI

177 F. Supp. 2d 1090 · District Court, S.D. California · Oct 10, 2001

Discussion The case raises two issues: one, whether Lusardi qualifies as a good faith purchaser under § 549(c); two, whether he is entitled to reimbursement under California Revenue and Taxation § 3728. … When, as in § 3728, the term “costs” is used alone, “[i]t is too well established to require citation of authority that ‘costs’ do not include attorneys’ fees.” Downer Corp. v.

Pies-Lonsdale v. Banachi

District Court, S.D. California · May 10, 2022

Under these statutes, 23 the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which 24 is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 25 immune … ALL PAYMENTS SHALL BE 12 CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 13 ACTION. 14 3.

John C. Rodriguez v. R. Madden

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

Under these 7 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 8 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 9 who are immune. … ALL PAYMENTS MUST BE 5 CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 6 ACTION. 7 3) DIRECTS the Clerk of the Court