Case law
Opinions from 1658 to today.
2,024 results
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Mandalevy v. B of I Holding, Inc.
District Court, S.D. California · May 17, 2022
The Ninth 6 Circuit found that this Court’s conclusion that records obtained through FOIA did not 7 qualify as a corrective disclosure was reversible error. Id. at 1209. … However, the Ninth 8 Circuit agreed that the article in Seeking Alpha did not qualify as a corrective disclosure 9 because it contained only public information. Id.
Cited 0 timesUnknownDistrict Court, S.D. California · Mar 16, 2026
California Civil Code § 1793(d)(2) does not define 19 what qualifies as “promptly” replacing a vehicle, but courts have found reasonably prompt 20 repurchase offers to occur forty to fifty days after the manufacturer’ … Id. at *3. 26 While Rangel stands for the proposition that a premature filing of suit can preclude 27 a plaintiff from being the prevailing party, it is clearly distinguishable from this case.
Cited 0 timesUnknownProfessional Solutions Insurance Company v. The Grove La Mesa, Inc
District Court, S.D. California · Jun 12, 2023
for the Organization; 20 in their capacity as such; 21 provided (i) any independent contractor or person who is leased to the Organization shall qualify … Id. at 3–6. 15 The Grove’s email prompted Nexus’ CEO to forward the email to Nexus’ Executive 16 Vice President, stating: “Clearly this was not the intention of the policy you issued.”
Cited 0 timesUnknownDistrict Court, S.D. California · Jan 30, 2020
Rather, Plaintiff argues that the 19 Court clearly erred in dismissing his claims for malicious prosecution, economic 20 interference, breach of contract, rescission, and indemnification with prejudice. … The Ninth Circuit affirmed, finding ‘[t]he Annual Report qualified as a 22 ‘note or memorandum’ that was signed by Johnson and memorialized a transfer of assets.’ 23 (ECF No. 46, Ex. 3, p. 13)”).)
Cited 0 timesUnknownFernandez-Perez v. United States
District Court, S.D. California · Nov 6, 2020
As such, though he protests now-that he objected to the guideline range 8 || that the Court applied, the record clearly demonstrates this claim has no merit. … Jd Thus, the Ninth Circuit concluded that the 5 || Roberty defendant did “not qualify for the two-level increase in § 2G2.2(b)(3)\(F).” Id. at 6 ||493.
Cited 0 timesUnknownDistrict Court, S.D. California · Oct 14, 2022
This is clearly true in this action, which has been pending for over 22 six years. … Further, JND established a website, 7 (www.BofISecuritiesLitigation.com), with information about the case; copies of 8 Plaintiff’s Motions for preliminary approval, attorneys’ fees, and final approval; answers 9 to
Cited 0 timesUnknownHouston Municipal Employees Pension System v. BofI Holding, Inc.
District Court, S.D. California · Oct 14, 2022
This is clearly true in this action, which has been pending for over 22 six years. … Further, JND established a website, 7 (www.BofISecuritiesLitigation.com), with information about the case; copies of 8 Plaintiff’s Motions for preliminary approval, attorneys’ fees, and final approval; answers 9 to
Cited 0 timesUnknownRaines v. Front Porch Communities and Services
District Court, S.D. California · Aug 16, 2024
To qualify 18 for the exception to individual litigation, the party seeking class certification must provide 19 facts sufficient to satisfy the requirements of Federal Rule of Civil Procedure 23(a) and (b). 20 Doninger … See Olean, 31 22 F.4th at 667 (“a district court is limited to resolving whether the evidence establishes that 23 a common question is capable of class-wide resolution, not whether the evidence in fact 24 establishes
Cited 0 timesUnknownDistrict Court, S.D. California · Mar 29, 2024
The 7 California Supreme Court established a three-part test to ascertain whether a contract 8 intends to benefit a third-party. Goonewardene v. … “However, these gateway issues can be expressly delegated to the 8 arbitrator where ‘the parties clearly and unmistakably provide otherwise.’” Id. (citing 9 AT&T Techs., Inc. v.
Cited 0 timesUnknownDistrict Court, S.D. California · Mar 27, 2020
Code § 3513 (“[A] 20 law established for a public reason cannot be contravened by a private agreement.”). 21 Plaintiff’s interpretation of the Rental Passenger Vehicle Transactions Law, 22 however, is foreclosed … Cal. 2018) (noting 18 that “Black’s Law Dictionary qualifies as a general dictionary for purposes of contract 19 interpretation” in California). 20 Black’s Law Dictionary
Cited 0 timesUnknownDistrict Court, S.D. California · Sep 15, 2023
The Commissioner has established a five-step process for determining 8 whether a person is disabled. Bowen v. Yuckert, 482 U.S. 137, 140 (1987); 20 C.F.R. §§ 9 404.1520, 416.920. … Caselaw within the Ninth Circuit does not clearly 10 indicate whether these requirements would conflict with a restriction against repetitive 11 fingering, and the Court declines to make such a finding here.
Cited 0 timesUnknownDistrict Court, S.D. California · Jun 18, 2021
The district court must strike a balance between granting sufficient fees 6 to attract qualified counsel to civil rights cases and avoiding a windfall to counsel. … With 6 respect to attorneys’ fees awards, this distinction clearly favors a party such as Soler who 7 enjoyed partial success on appeal but did not yet qualify as a ‘prevailing party’ under 8 section 1988.”
Cited 0 timesUnknownDistrict Court, S.D. California · Jun 25, 2020
b).4 Under these 5 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, 6 which is frivolous, malicious, fails to state a claim, or seeks damages from defendants who 7 are immune … ALL PAYMENTS MUST BE CLEARLY 24 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 25 3) The Clerk of the Court is DIRECTED to serve a copy of this Order on Ralph 26 Diaz, Secretary, CDCR
Cited 0 timesUnknownDistrict Court, S.D. California · Jun 25, 2020
b).4 Under these 5 statutes, the Court must sua sponte dismiss a prisoner’s IFP complaint, or any portion of it, 6 which is frivolous, malicious, fails to state a claim, or seeks damages from defendants who 7 are immune … ALL PAYMENTS MUST BE CLEARLY 24 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 25 3) The Clerk of the Court is DIRECTED to serve a copy of this Order on Ralph 26 Diaz, Secretary, CDCR
Cited 0 timesUnknownDistrict Court, S.D. California · Mar 28, 2024
The Commissioner has established a five-step process for determining 4 whether a person is disabled. Bowen v. Yuckert, 482 U.S. 137, 140 (1987); 20 C.F.R. §§ 5 404.1520, 416.920. … Furthermore, rheumatoid factors (“RF”) are “proteins produced by the immune system that, when present at high levels, can indicate rheumatoid arthritis.”
Cited 0 timesUnknownDistrict Court, S.D. California · Feb 7, 2022
. §§ 1915(e)(2) and 1915A(b), the Court must dismiss sua sponte a 16 prisoner’s IFP complaint, or any portion of it, that is frivolous, malicious, fails to state a 17 claim, or seeks damages from defendants who are immune … Chau 2 “substituted his own opinion as to the significance of Plaintiff’s conditions and ignored 3 both surgeons’ recommendations while downgrading the length of expected recovery time 4 clearly indicated in both .
Cited 0 timesUnknownDistrict Court, S.D. California · Apr 29, 2020
Plaintiff does not clearly specify which 18 Defendant is being sued for which wrong. … ALL PAYMENTS MUST BE CLEARLY IDENTIFIED BY 20 THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 21 3.
Cited 0 timesUnknownDistrict Court, S.D. California · Dec 8, 2023
Once a claimant makes a prima facie showing of disability, the 14 Commissioner has the burden of establishing that the claimant can perform work that exists 15 in significant numbers in the national economy. … The Ninth Circuit elaborated 4 that “tasks that aren't essential, integral, or expected parts of a job are less likely to qualify 5 as apparent conflicts that the ALJ must ask about.
Cited 0 timesUnknownEstate of William Hayden Schuck v. County of San Diego
District Court, S.D. California · Feb 8, 2024
Doe Medical Providers include all Qualified Mental Health Providers, 8 including the individual who evaluated Hayden at intake, as described … As 3 explained above in the Court’s analysis of the Bane Act claims, Plaintiffs also do not clearly 4 allege that the Doe Medical Providers are CHP employees.
Cited 0 timesUnknownCity of Escondido v. General Reinsurance Corporation
District Court, S.D. California · Dec 18, 2019
Plaintiff 9 argues that the fact that a majority of the officers and directors are identical establishes 10 joint control. Doc. No. 20 at 16; see also SAC ¶ 3. … It further avers 7 that the relationship imported “a duty not to make representations to [Plaintiff] and 8 conceal facts that materially qualify the facts or are likely to mislead [Plaintiff]” and a 9 duty to disclose
Cited 0 timesUnknown
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