Case law

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  • 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.

    Cited 0 timesUnknown
  • 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.

    Cited 0 timesUnknown
  • 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.

    Cited 0 timesUnknown
  • Caudle v. California Department of Corrections & Rehabilitation

    District Court, S.D. California · Mar 10, 2020

    Under these statutes, 19 the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, which 20 is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 21 immune … ALL PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME 15 AND NUMBER ASSIGNED TO THIS ACTION. 16 3.

    Cited 0 timesUnknown
  • Open Book Theatre Company v. Brown Paper Tickets, LLC

    District Court, S.D. California · Sep 18, 2024

    As to 27 objections based on lack of foundation, Campbell established his personal knowledge in the introductory paragraphs of his declaration. (See ECF 9-2, at 2–3.) … This 10 qualifies as a “modified” clickwrap agreement.

    Cited 0 timesUnknown
  • O'Brien v. Garcia

    District Court, S.D. California · Aug 26, 2019

    An equal protection claim may be established 21 in two ways. … ALL PAYMENTS MUST BE CLEARLY 26 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 27 3.

    Cited 0 timesUnknown
  • Sekerke v. City of National City

    District Court, S.D. California · Nov 4, 2019

    proceeding in forma pauperis is subject to sua 15 sponte dismissal, however, if it is “frivolous, malicious, fail[s] to state a claim upon 16 which relief may be granted, or seek[s] monetary relief from a defendant immune … “The Fourteenth Amendment’s Due Process Clause protects 19 persons against deprivations of life, liberty, or property; and those who seek to invoke its 20 procedural protection must establish that one of these interests

    Cited 0 timesUnknown
  • Helvy v. Paramo

    District Court, S.D. California · Jul 8, 2020

    Under these statutes, 24 the Court must sua sponte dismiss a prisoner's IFP complaint, or any portion of it, which is 25 frivolous, malicious, fails to state a claim, or seeks damages from defendants who are 26 immune … ALL 11 PAYMENTS SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 12 ASSIGNED TO THIS ACTION. 13 3) DIRECTS the Clerk of the Court to serve a copy

    Cited 0 timesUnknown
  • Turner v. County of San Diego

    District Court, S.D. California · Feb 25, 2020

    (Id.) 5 The allegations regarding the retention of Plaintiff’s personal property “clearly [do] 6 not involve an imminent danger of serious physical injury to [him].” See Wilson v. 7 Hubbard, No. … Nor do 4 Plaintiff’s allegations of ongoing pain establish an imminent danger of serious physical 5 injury. See Dustin v.

    Cited 0 timesUnknown
  • Sandoval v. Guldseth

    District Court, S.D. California · Oct 7, 2019

    Under these 20 statutes, the Court must sua sponte dismiss complaints, or any portions thereof, which are 21 frivolous, malicious, fail to state a claim, or which seek damages from defendants who are 22 immune from … ALL PAYMENTS 7 MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO 8 THIS ACTION; 9 3.

    Cited 0 timesUnknown
  • Ensource Investments LLC v. Willis

    District Court, S.D. California · Dec 6, 2019

    21 In short, the record shows that Defendants represented Title Rover and Beyond 22 Recognition as having, at minimum, working versions of their title searching web portal 23 and data mining software, but qualified … depended upon Defendant providing truthful responses to 24 Plaintiff’s inquiries. 25 Similarly, the subscription agreement’s reliance provision does not immunize

    Cited 0 timesUnknown
  • Rodriguez v. O'Malley

    District Court, S.D. California · Mar 26, 2025

    On the first point, courts have held that a benefits claimant need not be utterly 16 and completely incapacitated by illness to qualify for benefits. See, e.g., Berry v. … No. 16 at 26, 32.5 Stiffler clearly dictates this Court cannot find an error based on this 19 supposed “conflict.”

    Cited 0 timesUnknown
  • Fiaseu v. United States

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

    Mountain Helicopter Serv., 52 F.3d 817, 818 (9th Cir. 1995). 11 “Sovereign immunity is jurisdictional in nature. … FECA thus did not bar the husband “from attempting to establish his claim under 6 the FTCA.” Id.

    Cited 0 timesUnknown
  • In Re: David William Winick

    District Court, S.D. California · Oct 3, 2019

    According to the agreement, “Lessee agrees and acknowledges that it is in the intent 14 of all parties to this Lease that this Lease qualifies as a Statutory Finance Lease as defined 15 by the California Commercial Code … A mixed question of law and fact occurs when the facts are 15 established, the rule of law is undisputed, and the issue is whether the facts satisfy the legal 16 rule.

    Cited 0 timesUnknown
  • George v. United States

    District Court, S.D. California · Oct 7, 2019

    To qualify for § 1915(g)’s exception, the danger allegedly 24 faced must be real, proximate, and/or ongoing. See Cervantes, 493 F.3d at 1056; 25 Ciarpaglini v. … [which] clearly show that immediate and irreparable 19 injury, loss, or damage will result . . . before the adverse party can be heard in opposition.” 20 Fed. R. Civ. P. 65(b)(1)(A). Plaintiff has not done so.

    Cited 0 timesUnknown
  • Hamilton v. Albertson's Companies, Inc.

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

    This statement does not report discrimination against Plaintiff or a violation 27 1 of law and thus does not qualify as protected activity. … Failure to promote, even if due to discrimination, is insufficient to establish 24 constructive discharge. See Cloud v. Casey, 76 Cal.

    Cited 0 timesUnknown
  • Langer v. Kiser

    District Court, S.D. California · Aug 26, 2019

    directly from the 2 |{activity, which the Plaintiff characterizes as protected. 3 Conduct in furtherance of the exercise of free speech in connection with a public 4 || issue or an issue of public importance qualifies … No. 21.) 22 Defendants allege on September 27, 2017, Plaintiff entered, Defendants’ property, 23 || without authorization, Defendants contend the parking lots were clearly marked as 24 || private and not intended for

    Cited 0 timesUnknown
  • Beaver v. Tarsadia Hotels

    978 F. Supp. 2d 1124 · District Court, S.D. California · Oct 16, 2013

    Greenberg Traurig and Tarsadia Defendants discussed how to establish an enforceable promise so it would not be illusory. (Id. at 69:3-15.) … Moreover, the Owner's use is also conditioned on establishing a credit account at the Hotel for charges incurred at the Hotel. {Id. at 16 ¶ 4.3.)

    Cited 4 timesPublished
  • Leos v. Saul

    District Court, S.D. California · Oct 19, 2020

    In step five, the Commissioner must establish that the 26 claimant can perform other work. Id. § 416.920(g). … (Id. at 9.) 8 Although she does not refer to any of these physicians by name, her argument clearly 9 rests on the opinions of Dr. Power, a treating physician, and Dr.

    Cited 0 timesUnknown
  • Duncan v. Becerra

    366 F. Supp. 3d 1131 · District Court, S.D. California · Mar 29, 2019

    The district court found that the large capacity magazines qualify as "arms" for purposes of the Second Amendment. Id. … The government shall file a declaration establishing proof of such notice.

    Cited 11 timesPublished

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