Case law

Scally v. Velasquez

District Court, S.D. California · Aug 11, 2022

these statutes, the Court must sua 11 sponte dismiss a prisoner’s IFP complaint, or any portion of it, which is frivolous, 12 malicious, fails to state a claim, or seeks damages from defendants who are immune … He also claims Defendant Solorio “classified the RVR as a battery on inmate with 1 weapon when it clearly states that I was only fighting with Mr. Shareef.”

Molina v. Dinh

District Court, S.D. California · Oct 18, 2021

Under these statutes, 17 the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which 18 is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 19 immune … “To establish § 1983 liability, a plaintiff must show both 18 (1) deprivation of a right secured by the Constitution and laws of the United States, and 19 (2) that the deprivation was committed by a person acting under

Appel v. Boston National Title Agency, LLC

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

To qualify as an injury-in-fact, an alleged 4 harm must be “concrete and particularized” and “actual or imminent, not conjectural or 5 hypothetical.” Friends of the Earth, Inc. v. … Cuno, 547 U.S. 332, 352 11 (2006)). 12 Here, Plaintiffs establish economic injury, which is “clearly a sufficient basis for 13 standing.”

Fischer v. Kijakazi

District Court, S.D. California · Sep 30, 2021

established by medical evidence.’” … An ALJ’s determination that an 23 impairment is non-severe must be supported by substantial evidence that the medical 24 evidence clearly establishes no severe impairment or combination of impairments.

Richardson v. San Diego Sheriff's Office

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

“To establish § 1983 liability, a plaintiff 15 must show both (1) deprivation of a right secured by the Constitution and laws of the 16 United States, and (2) that the deprivation was committed by a person acting under … ALL PAYMENTS MUST BE CLEARLY 8 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 9 3. DIRECTS the Clerk of the Court to serve a copy of this Order by U.S.

Araujo v. Coachella Valley Water District

District Court, S.D. California · Sep 12, 2022

Uveges, 34 Cal. 4th 915, 927 n.8 (2004) (“Statutes may be borrowed 26 in the negligence context for one of two purposes: (1) to establish a duty of care, or (2) to 27 establish a standard of care.”) … Specifically, CVWD and Gonzalez argue negligence per se does not 23 apply because the California State Legislature “clearly set forth its intent that there be 24 adequate warnings and signage that gives guidance to drivers

Cactil, LLC v. United States

District Court, S.D. California · Jan 15, 2025

2) its entire 10 business was intentionally disrupted, “including business offerings that are not subject to 11 criminal investigation;” (3) the Government posted images and warnings on the seized 12 website that “clearly … Damages to goodwill and reputation can qualify as irreparable harm. Rent-A-Ctr., 11 Inc. v. Canyon Television & Appliance Rental, Inc., 944 F.2d 597, 603 (9th Cir. 1991) 12 (citation omitted).

Anderson v. San Diego Sheriff's Office

District Court, S.D. California · Feb 4, 2021

“To establish § 1983 liability, a plaintiff must show both (1) 19 deprivation of a right secured by the Constitution and laws of the United States, and (2) 20 that the deprivation was committed by a person acting under … ALL PAYMENTS 14 SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED 15 TO THIS ACTION. 16 3.

Grady v. Wyatt

District Court, S.D. California · Oct 29, 2020

Under 6 these statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion 7 of it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 8 who are immune. … ALL PAYMENTS SHALL BE CLEARLY 17 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 18 3.

Estate of Lonnie Rupard v. County of San Diego

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

Doe Medical Providers include all Qualified Mental Health Providers. … Here, the Court finds that three of the five factors clearly support early discovery. First, 16 there is no preliminary injunction pending in this case so the first factor weighs against early 17 discovery.

Garcia v. Robertson

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

Additionally, Petitioner had served a prior prison term and he had a prior conviction that qualified as a serious 1 Petitioner argues the officer’s testimony on the surveillance video ultimately led the officer 2 to … relief unless a petitioner demonstrates the state court’s adjudication on the merits: 22 (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly

Ovation Finance Holdings 2 LLC v. Chicago Title Insurance Company

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

Whether Kim Peterson and Kim Funding are at fault is not clearly 3 alleged, though the Complaint does make clear they were substantially involved in 4 dealing with investors and drafting agreements. … See 18 U.S.C. § 1964(c) (“[N]o person may rely upon any conduct 7 that would have been actionable as fraud in the purchase or sale of securities to 8 establish a violation of section 1962.”)

Vasquez Garcia v. Noem

District Court, S.D. California · Sep 3, 2025

Respondents argue that Petitioners have not established 15 that review at the BIA and the Ninth Circuit would be “futile.” (Opp’n at 13). … ” Noncitizens 8 Section 1225(b)(2)(A) provides in part that “an alien who is an applicant for 9 admission, if the examining immigration officer determines that an alien seeking admission 10 is not clearly

Zoro v. O'Malley

District Court, S.D. California · Aug 19, 2025

It is well established in this Circuit that the ALJ “need not take every medical opinion at face value.” 23 Cross v. … The doctor declined to sign Plaintiff’s 4 form, stating: “I do not see any physical disability nor mental incapacity for her to 5 not work or qualify for permanent disability.”

Bowell v. Nguyen

District Court, S.D. California · May 5, 2020

Under these 14 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 15 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 16 who are immune … ALL 13 PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 14 ASSIGNED TO THIS ACTION; 15 3.

Fernandez v. MCC

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

Id. 11 C. 42 U.S.C. § 1983 12 First, “[t]o establish § 1983 liability, a plaintiff must show both (1) deprivation of a 13 right secured by the Constitution … ALL PAYMENTS MUST BE CLEARLY 18 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 19 3) DIRECTS the Clerk of the Court to serve a copy of this Order on Warden, 20 Metropolitan

Kinser v. County of San Diego

District Court, S.D. California · Feb 20, 2020

“To establish § 1983 liability, a plaintiff must show both (1) 18 deprivation of a right secured by the Constitution and laws of the United States, and (2) 19 that the deprivation was committed by a person acting under … ALL PAYMENTS 10 MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO 11 THIS ACTION. 12 3.

Williams v. Pollard

District Court, S.D. California · Dec 20, 2019

“To establish § 1983 liability, a plaintiff must show both (1) 8 deprivation of a right secured by the Constitution and laws of the United States, and (2) 9 that the deprivation was committed by a person acting under … ALL PAYMENTS MUST BE CLEARLY 21 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 22 3.

Jones v. City of San Diego

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

very person who, under color of any statute, ordinance, regulation, 10 custom, or usage, of any State ... subjects, or causes to be subjected, any citizen ... to the 11 deprivation of any rights, privileges, or immunities … “Amendment is futile when a claim is clearly time barred.” Del Toro v. 5 360 P’ship LP, No. CV 21-1216-JAK (JPR), 2021 WL 5050057, at *1 (C.D. Cal.

Dunsmore v. State of California

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

To state a claim of a denial of the right to access the 11 courts, a prisoner must establish that he has suffered “actual injury,” a jurisdictional 12 requirement derived from the standing doctrine. … ALL 10 PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 11 ASSIGNED TO THIS ACTION; 12 3.