Case law

Valles v. Allison

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

The petitioner must satisfy a “higher bar than that for equitable 18 tolling” to qualify for the relief provided under § 2244(d)(1)(B). … established Federal law, as determined by the Supreme Court of the United 15 States.”

Steinberg v. CoreLogic Credco, LLC

District Court, S.D. California · Oct 2, 2023

Settlement class members receive their payment by either: (1) qualifying 26 as an automatic payment settlement class member; or (2) submitting a claims form either 27 by mail or via the settlement website. … Rule 23(a) Requirements 10 Rule 23(a) establishes that one or more plaintiffs may sue on behalf of class members 11 if all of the following prerequisites are met: (1) numerosity

Kutschera v. Kijakazi

District Court, S.D. California · Sep 30, 2022

If the claimant 3 meets this burden, a prima facie case of disability is established. Id. … “The 18 distinction between medical evidence failing to support a plaintiff’s testimony rather than 19 being inconsistent is critical because the latter may qualify as a specific, clear and 20 convincing

Advanta-STAR Automotive Research Corporation of America v. Search Optics, LLC

District Court, S.D. California · May 9, 2023

Corelogic, Inc., 899 F.3d 666, 674 (9th Cir. 2018) 23 (requiring a plaintiff to demonstrate a “past pattern of conduct or modus operandi” to 24 establish the requisite mental state); Falkner v. Gen. … (Id. at 17 (internal quotations omitted) (quoting 2 Stevens, 899 F.3d at 674).) 3 As for the Search Optics Defendants, the knowledge requirement has clearly been 4

Mostre Exhibits, LLC v. Sentinel Insurance Company, Limited

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

Mostre that the claim is denied for the following reasons: 17 No direct physical loss or damage has occurred to property at the scheduled premises listed in your policy or at any location that would qualify … City of Irvine, 143 F.3d 1196, 1200 (9th Cir. 1998). 7 “Judgment on the pleadings is proper when the moving party clearly establishes on 8 the face of the pleadings that no material issue of fact remains to be resolved

Thomas v. Chu

District Court, S.D. California · Sep 9, 2020

(b).6 Under these statutes, the Court must sua sponte dismiss a prisoner’s IFP 10 complaint, or any portion thereof, if it is frivolous, malicious, fails to state a claim, or 11 seeks damages from defendants who are immune … ALL 15 PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER 16 ASSIGNED TO THIS ACTION. 17 3.

Long v. Commissioner of Social Security

District Court, S.D. California · Oct 6, 2023

To qualify as severe, an impairment must significantly 6 limit a claimant’s ability to perform basic work activities. 20 C.F.R. §§ 404.1520(c), 404.1522(a). 7 “When arguing on appeal that the ALJ failed to include a … However, in accordance with 20 C.F.R. § 8 404.1504, the ALJ referenced Plaintiff’s VA records throughout his opinion and clearly considered 9 the records in making his finding. Id.

Renna v. Becerra

District Court, S.D. California · Mar 31, 2023

Gammie, 335 F.3d 889, 893 (9th Cir. 2003) (explaining in situations “where the reasoning 27 or theory of our prior circuit authority is clearly irreconcilable with the reasoning or theory of intervening higher authority … Judge Bybee, concurring in Pena, noted that “the 19 Supreme Court in Heller could not have meant that anything that could be characterized 20 as a condition and qualification on the commercial sale of firearms is immune

Skanska USA Civil West California District Inc. v. National Interstate Insurance Company

District Court, S.D. California · Mar 5, 2021

Id. at ¶¶ 19, 21. 18 “Status as an insured under the Excess National Interstate Policy is conferred to those same 19 persons and entities which qualify as an insured under the Primary National Interstate 20 Policy.” … Thus, the burden has shifted to Plaintiff to 8 establish that the privilege does not apply. Id. 9 A.

Cavazos v. Garilaso

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

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 … amount equal to 16 twenty percent (20%) of the preceding month’s income to the Clerk of the Court each 17 time the amount in Plaintiff’s account exceeds $10 pursuant to 28 U.S.C. § 1915(b)(2). 18 ALL PAYMENTS MUST BE CLEARLY

Scottsdale Insurance Company v. Hamerslag

District Court, S.D. California · Jun 23, 2025

“Judgment on the pleadings is proper 19 when the moving party clearly establishes on the face of the pleadings that no material 20 issue of fact remains to be resolved and that it is entitled to judgment as a matter of … “The 16 burden is on the insured to establish that the claim is within the basic scope of coverage 17 and on the insurer to establish that the claim is specifically excluded.” MacKinnon, 73 P.3d 18 at 1213.

Smith v. Credit Corp Solutions Inc.

District Court, S.D. California · Mar 30, 2022

As such, Plaintiff clearly alleges that Defendant is a “debt collector” as 11 required. … Furthermore, the cases cited by Defendant do not establish as a matter of law that 26 the volume of phone calls cannot constitute violations of the FDCPA.

Franklin v. Healthsource Global Staffing, Inc.

District Court, S.D. California · Mar 11, 2024

“subjective knowledge,” into which they concede courts will not inquire, 5 from its “actual” knowledge, which they claim can be “objectively establish[ed].” 6 (ECF 10-1, at 26.) … But they fail to articulate what that something might be. 11 Defendants need not give a reason for removing qualifying cases to federal court. 12 Congress has “afford[ed] defendants a right to remove as a general

Loop Global, Inc. v. Everged LLC

District Court, S.D. California · Aug 6, 2026

Cal.App.4th at 458. 27 1 There is, however, an exception to future predictions “(1) where a party holds 2 himself out to be specially qualified … Though 11 Loop does have an economic interest in the Contract, this alone doesn’t establish Loop as 12 a contracting party.

Pomares v. United States Department of Veterans Affairs

District Court, S.D. California · Jun 2, 2025

The party 25 seeking summary judgment bears the burden of establishing the absence of a genuine issue 26 of material fact. Celotex, 477 U.S. at 323. … Cir. 2011) (stating that where Exemption 7(C) 16 is implicated, there is “no need to consider Exemption 6 separately because all information 17 that would fall within the scope of Exemption 6 would also be immune from

Kauffman v. Papa John's International, Inc.

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

(Id.) 13 In the Complaint, Plaintiff clearly states that “Defendant never sought consent, and 14 Plaintiff and Class Members never provided consent, for the unauthorized access and 15 reading and recording of their … According to Defendant, Plaintiff has not alleged that Defendant engaged in 18 intentional wiretapping under the first clause of section 631(a) because online 19 communications between a website and a visitor do not qualify

Medimpact Healthcare Systems, Inc. v. IQVIA Holdings Inc.

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

Prior 19 || knowledge must be established by pre-production documentation. 20 27. … I will hold in confidence and not disclose to anyone not qualified under 12 || the Protective Order any Confidential Material (defined as material designated as 13 || “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” or “OUTSIDE

Sywula v. DaCosta

District Court, S.D. California · Jul 18, 2023

The Consulting Agreement provides that, in 15 exchange for his services, Sywula would be given equity in the entity DaCosta and Coletti 16 planned to establish to own the venture’s intellectual property. … Accordingly, the Court finds 24 that the parties have clearly and unmistakably delegated the question of arbitrability. 25 C.

Scripps Health v. nThrive Revenue Systems, LLC

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

App. 4th 835, 854 (2007) (“A single material 27 misrepresentation may establish the tort.”). … In order to establish 4 standing under the UCL, the plaintiff must “must ‘(1) establish a loss or deprivation of 5 money or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show 6 that

Miranda v. Madden

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

fall short of 19 establishing an excessive risk to inmate health or safety, and do not establish that jail 20 officials knowingly disregarded any such risk.”), aff’d, 682 F. … ALL PAYMENTS 1 |} MUST CLEARLY IDENTIFY THE NAME AND CASE NUMBER ASSIGNED TO 2 || THIS ACTION. 3 3.