Case law

Bernard v. City of San Diego

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

Under these statutes, the Court must sua sponte dismiss a 1 prisoner’s IFP complaint, or any portion of it, which is frivolous, malicious, fails to state 2 a claim, or seeks damages from defendants who are immune. … ALL PAYMENTS MUST BE CLEARLY IDENTIFIED BY THE 9 NAME AND NUMBER ASSIGNED TO THIS ACTION. 10 3) DIRECTS the Clerk of the Court to serve a copy of this Order by U.S.

Coastal Environmental Rights Foundation v. Aztec Perlite Company, Inc.

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

These factual averments are sufficient to establish an injury in fact. … This is sufficient to establish the 1 causation element.

J.J v. Ashlynn Marketing Group, Inc.

District Court, S.D. California · Jul 1, 2025

If a dietary supplement’s label contains a 9 disease claim, it “will be subject to regulation as a drug unless the claim is an authorized 10 health claim for which the product qualifies.” 21 C.F.R. § 101.93(f). 11 … Plaintiff D.F.’s own allegations 23 clearly support Defendant’s argument.

Nguon v. Glynn

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

Under that statute, the Court must sua sponte dismiss a 28 prisoner’s complaint, or any portion of it, which is frivolous, malicious, fails to state a 1 claim, or seeks damages from defendants who are immune. … In order to state a claim under Title II of the ADA, 8 however, a plaintiff must allege: 9 (1) he ‘is an individual with a disability;’ (2) he ‘is otherwise qualified to

Springs v. Raber

District Court, S.D. California · May 28, 2021

Under these 16 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 17 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 18 who are immune … ALL PAYMENTS 20 SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED 21 TO THIS ACTION. 22 3.

Solis v. CoverGirl Cosmetics

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

Maya, 658 F.3d at 21 (quoting Lujan, 504 U.S. at 561). 22 To survive a facial attack directed at standing brought pursuant to Rule 12(b)(1), a 23 plaintiff “must ‘clearly … That is 6 sufficient for an Article III injury.”). 7 Solis argues the economic injury she allegedly suffered as a result of her December 8 2021 purchase of the Product qualifies

Cristo v. The Charles Schwab Corporation

District Court, S.D. California · Dec 21, 2021

He bears the burden establishing grounds to vacate the arbitration 19 award. See U.S. Life Ins. Co. v. Superior Nat'l Ins. … § 10(a)(4) “is designed to enable the district court to vacate an arbitral award 13 which clearly goes beyond the substantive issues submitted by the parties.”

Starr

District Court, S.D. California · Mar 17, 2026

would not be part of the “loss” calculation. 22 Second, Velasquez maintains that the FAC only ambiguously refers to the damages 23 associated securing Plaintiff’s system and does not clearly … Reis, 451 U.S. 401 (1981) primarily focused “on Congress' intent to 21 immunize individual members from a § 185 suit.” Id. at 508.

Humphries v. Newsome

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

Under these 20 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of 21 it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants 22 who are immune … ALL PAYMENTS MUST BE CLEARLY 26 IDNETIFIED BY THE NAME AND NUMBER ASSIGNED TO HIS ACTION. 27 3.

Cabrales v. Bae Systems San Diego Ship Repair, Inc.

District Court, S.D. California · Dec 5, 2024

In re Immune Response Sec. Litig., 497 F. Supp. 2d 1166, 1174 (S.D. Cal. 6 2007). In addition to being familiar with the present dispute, Class Counsel has significant 7 expertise in employment litigation. … 23 Settlement Fund to be established by the Court-appointed Settlement Administrator. 24 (Settlement ¶¶ 13, 37.)

Colorescience, Inc. v. Bouche

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

states that she received a letter from the Plan 8 Administrator, Corey Plummer, around August 2018, where he stated that Stephen was 9 not a dependent prior to the age of 26 or any time after the age of 26, did not qualify … The Settlement 4 Agreement provides that a trust, or escrow be established by Plaintiff’s counsel to cover 5 the amount owed to Plaintiff.

Islands Restaurants, LP v. Affiliated FM Insurance Company

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

Waller, 28 900 P.2d at 625 (“[W]hen an occurrence is clearly not included within the coverage afforded by the 1 Ttoh ter ilgogses ro cfo uvseer aogr ef.u nSceteio inda. laitty 3 o7f; tsheee caolsvoe rDedo yplreo … “[T]o establish the insurer’s ‘bad faith’ 14 liability, the insured must show that the insurer has (1) withheld benefits due under the 15 policy, and (2) that such withholding was ‘unreasonable’ or ‘without proper cause

Fernandez v. Debt Assistance Network, LLC

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

“That an affidavit is self-serving bears on its credibility, not on its 8 cognizability for purposes of establishing a genuine issue of material fact.” United States 9 v. … Plaintiffs fail to adequately cite to an established, concrete policy that 6 conflicts with Arizona law.

Garrison v. Ringgold

District Court, S.D. California · Sep 11, 2020

Weride Corp., 2020 WL 1967209 at *9. 6 A party’s destruction of evidence qualifies as willful spoliation if he had “some 7 notice that the documents were potentially relevant to the litigation before … Ringgold’s conduct is willful, in 3 that his intent is clearly to frustrate the purpose of this litigation.

People of the State of California v. Eisengrein

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

“While this may, in some cases, foreclose avenues of relief 23 generally available to civil litigants, it is also the system Congress clearly intended to 24 implement.” Id.; see also Glob. … Rescue Jets, 30 F.4th at 915–17 (rejecting argument that 25 Medicare Advantage Organization did not qualify “as an ‘officer or employee’ of the 26 United States or the Secretary, as those terms are used in the third sentence

Turner v. Real Time Solutions, Inc.

District Court, S.D. California · Oct 24, 2022

Plaintiff maintains that he did not receive the Assignment Notice until 2019, after he 8 submitted a Qualified Written Request (“QWR”). … Plaintiff does not clearly identify 1 what debt collection attempts were made, by whom, and why they are unlawful.

JLC-Tech LLC v. Luminous Global Inc.

District Court, S.D. California · Sep 24, 2025

A defense is 26 insufficient as a matter of law “if it clearly lacks merit under any set of facts the defendant 27 might allege.” Doe v. … “[T]he materiality required to establish 27 inequitable conduct is but-for materiality.

Finkel v. Commissioner of Social Security

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

(emphasis in original). 16 Two requirements must be met to establish disability. See 42 U.S.C. § 423(d). … (ECF No. 19 at 10.) 8 However, the Ninth Circuit has squarely rejected the argument set forth by the 9 Commissioner here, that because Plaintiff did not clearly establish onset of his

Schuh v. O'Malley

District Court, S.D. California · Aug 9, 2024

See 20 16 C.F.R §§ 404.101(a), 404.315 (claimant must have “insured status” to qualify for disability 17 benefits). … perform. 28 1 DOT 929.587-010. 2 The above job descriptions do not clearly

The Upper Deck Company v. Panini America, Inc.

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

The court concluded that the plaintiff, as 28 1 the exclusive licensee, had a property interest in the trademark and qualified as an 2 assignee … Plaintiff argues that Panini’s argument is without merit and is 2 attempting to immunize its infringing conduct by arguing that because the cards feature 3 Jordan in a Bulls uniform, Plaintiff does not have right to enforce