Case law

Thomas v. Richard J. Donovan

District Court, S.D. California · Jan 22, 2020

Under these 10 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 11 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 12 who are immune … Defendants Valencia & Torres 14 “The Fourteenth Amendment’s Due Process Clause protects persons against 15 deprivations of life, liberty, or property; and those who seek to invoke its procedural 16 protection must establish

Harrington v. Covello

District Court, S.D. California · Jun 17, 2020

The court determined the prior convictions qualified as five 8 || prior prison terms, two serious felony prior convictions and two strikes. (Doc. 7-1, Ex. 2 9 |}at 15-16.) … shall not be granted 4 a claim adjudicated on the merits in state court unless the claim (1) “resulted in a 5 |idecision that was contrary to, or involved an unreasonable application of, clearly

Spatcher v. San Diego Sheriff Dept.

District Court, S.D. California · Dec 16, 2019

Under these 20 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, 21 which is frivolous, malicious, fails to state a claim, or seeks damages from defendants who 22 are immune … ALL PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE 21 NAME AND NUMBER ASSIGNED TO THIS ACTION. 22 3.

Sanchez v. Webster

District Court, S.D. California · Nov 22, 2019

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 24 MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO 25 THIS ACTION. 26 3.

Schultz v. Saul

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

In response to a 22 question regarding side effects of medication, the opinion indicates the chemotherapy 23 causes neuropathy and compromised immune system. (AR 1074.) Dr. … Andrews is a doctor, he is 6 “qualified to answer two questions about possible psychological impacts on [Plaintiff’s] 7 physical condition.” (ECF 24 at 9 (citing Sprague v.

Lien v. City of San Diego

District Court, S.D. California · May 24, 2021

Id. 12 “Section 1983 provides a cause of action for ‘the deprivation of any rights, 13 privileges, or immunities secured by the Constitution and laws’ of the United States.” 14 Wilder … No. 4 at 27 9. 28 1 As to Allegation 1, the allegation is clearly

United States Aviation Underwriters Inc., a New York corporation, individually and on behalf of United States Aircraft Insurance Group v. Aerospike Iron, LLC, a California limited liability company; and Charles Brandes, a California resident

District Court, S.D. California · Feb 3, 2026

Feb. 17, 2 2017) (“Defendants seek to exclude evidence of their net worth unless and until [Plaintiff] 3 establishes a prima facie case for punitive damages.”). … First, the reasons why Russell had limitations on his type rating 17 are irrelevant to whether he qualifies as a “pilot.”

Spikes v. Essel Commercial, L.P.

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

At the pleading stage, the plaintiff must clearly allege facts 7 demonstrating each element. … 2 serving food and/or drink, and sales or rental establishments.

Platypus Wear, Inc. v. Bad Boy Europe LTD.

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

arise in the so- 16 called “half truth” context—that is, when a speaker makes a representation which, though 17 not false, he knows will be misleading absent full disclosure of additional facts known to 18 him which qualify … Damages 6 Although Plaintiff does not clearly make the point, it appears that Plaintiff □□ arguing 7 although the Second Addendum released the obligations of License Agreement, the 8 ||Second Addendum

Lovejoy v. Transdev Services, Inc.

District Court, S.D. California · Aug 11, 2025

Specifically, “[t]he named representative’s 5 attorney must be qualified, experienced, and generally capable to conduct the litigation.” 6 Id. (quoting Jordan v. L.A. … Moreover, Defendant’s declarants also clearly attest that the onus 23 for accurate timekeeping is placed on employees.

Sodexo Management, Inc. v. Old Republic Insurance Company

District Court, S.D. California · Jan 26, 2021

In 10 opposing a defendant’s Rule 12(b)(2) motion, “the plaintiff bears the burden of establishing 11 that jurisdiction is proper.” Boschetto v. … sufficient minimum contacts in the other party’s home forum, 28 1 we believe the answer clearly is that it cannot.”)); see also Walden, 571 U.S

Tan v. Quick Box, LLC

District Court, S.D. California · Jan 12, 2024

To show 6 standing in a UCL or FAL claim, a party must “(1) establish a loss or deprivation of money 7 or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show that 8 that economic injury … the 13 evidence in fact establishes that plaintiffs would win at trial.”

Legaux v. Mercer Investments, Inc.

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

“[T]he burden of establishing the contrary rests upon the party 15 asserting jurisdiction.” … Third, Plaintiff asserts she was appropriately 6 qualified for both the Receptionist and Operations Manager positions. (Id. ¶ 24.)

Sihler v. The Fulfillment Lab, Inc

District Court, S.D. California · Apr 7, 2021

Nike, Inc., 45 P.3d 243, 250 (Cal. 2002)). 4 To satisfy the standing requirements of the UCL and FAL, a plaintiff must 5 “(1) establish a loss or deprivation of money or property sufficient to qualify … Plaintiffs allege that the Keto Enterprise 19 qualifies as both. (Doc. No. 32 ¶ 408.)

Spellman v. Peyman

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

“[A] purposeful act or failure 25 to respond to a prisoner’s pain or possible medical need,” which causes harm is sufficient 26 to establish deliberate indifference. Jett v. … ALL PAYMENTS 22 MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO 23 HIS ACTION; 24 3.

Iceberg Associates LLP v. Dynamic Data Technologies, LLC

District Court, S.D. California · Jun 7, 2023

New York law provides that “[i]n order to qualify as a third- 7 party beneficiary, a party must be an intended, and not an incidental, beneficiary. … Plaintiff counters that the limitation of liability provision is inapplicable to Plaintiff 8 because in strictly proposing the provision, as Dynamic Data proposes, the damages cap 9 applies to Seller and Buyer, which are clearly

Ivy v. Wingo

District Court, S.D. California · Sep 24, 2020

Under these 5 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 6 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 7 who are immune. … ALL PAYMENTS MUST BE 1 || CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS 2 || ACTION. 3 3.

Calcagno

District Court, S.D. California · Sep 11, 2026

. ¶¶ 5, 7. 12 The named Plaintiffs conducted laboratory tests of various Miracle-Gro organic soil 13 and fertilizer Products (“the Products”) with the assistance of qualified … Plaintiffs again clearly argue that the 8 suggestion that the Products are safe for use on edible plants is outright false.

Sekerke v. Leo

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

.3d 1162, 15 1167 (9th Cir. 2016) (“The statute governing IFP filings requires a court to dismiss an 16 action ‘at any time’ if it determines that the complaint ‘seeks monetary relief against a 17 defendant who is immune … Plaintiff has 14 failed to sufficiently establish a nexus between the allegations that give rise to his motion 15 and the allegations in the underlying complaint. See e.g., Davis v.

United States ex rel. Durkin v. Cnty. of San Diego

300 F. Supp. 3d 1107 · District Court, S.D. California · Jan 11, 2018

Plaintiff counters, arguing that "[t]he SAC clearly identifies the time, place, and nature of each fraudulent statement." Oppo. at 10. … Plaintiff's allegations with respect to the fifth statement are also insufficient to establish scienter.