Case law
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Bartlett v. BP West Coast Products LLC
District Court, S.D. California · Sep 30, 2022
The direct 16 || exchanges between BP and Phillips 66 may suggest something more nefarious, given that 17 ||the information shared was not clearly public. … P. 702. 15 || Therefore, the Court finds that Plaintiffs have not met their burden of establishing that 16 || Dr. Hanouna is qualified to do so under Rule 702. 17 Finally, Dr.
Cited 0 timesUnknownPersian Gulf Inc. v. BP West Coast Products LLC
District Court, S.D. California · Sep 30, 2022
The direct 16 || exchanges between BP and Phillips 66 may suggest something more nefarious, given that 17 ||the information shared was not clearly public. … P. 702. 15 || Therefore, the Court finds that Plaintiffs have not met their burden of establishing that 16 || Dr. Hanouna is qualified to do so under Rule 702. 17 Finally, Dr.
Cited 0 timesUnknownBorrello v. Respironics California, LLC (P)
District Court, S.D. California · Sep 14, 2023
It instructed that employees 9 were required to “provide proof of vaccination by January 10, 2022, or have requested and 10 qualified for a reasonable accommodation.” Id. … App. 4th 1359, 1391 (1999), “the covenant might be violated if 3 termination of an at-will employee was a mere pretext to cheat the worker out of another 4 contract benefit to which the employee was clearly entitled,
Cited 0 timesUnknownDistrict Court, S.D. California · Sep 22, 2020
| 17 DISCUSSION 18 To qualify for disability benefits under the Social Security Act, an applicant must 19 || show that he or she cannot engage in any substantial gainful … In establishing a disability claim, 22 claimants must establish evidence not only before the last date insured but also after the 23 alleged onset date. Accord Carmickle v. Comm’r, Soc. Sec.
Cited 0 timesUnknownDistrict Court, S.D. California · Dec 5, 2019
Lack, 487 U.S. 266 (1988) (establishing prison mailbox rule in habeas petition context); see also Douglas v. … Furthermore, 24 C.F.R. § 1710.17 (2006) provides that a “developer may request 14 an opinion from the Secretary as to whether an offering qualifies for an exemption or is 15 subject to the jurisdiction of the Act.” 24
Cited 0 timesUnknownDistrict Court, S.D. California · Jan 13, 2021
Cal. 2014), aff’d, 891 F.3d 776 (9th Cir. 2018) (finding 15 expert, who had no experience in civil rights litigation or the PLRA, qualified to opine on 16 attorney’s fees generally but not on attorney’s fees in the civil … Bunn is helpful to 23 establish that another highly experienced employment attorney in San Diego charges a rate of $750 per hour.
Cited 0 timesUnknownDistrict Court, S.D. California · Jul 1, 2024
Ultimately, “[i]n 13 most situations, unless the settlement is clearly inadequate, its acceptance and approval are 14 preferable to lengthy and expensive litigation with uncertain results.” … Aug. 1 14, 2014) (court approved “plan of allocation providing for a pro rata distribution of the 2 net settlement fund based on verified claimants’ volume of qualifying purchases” as “fair, 3 adequate, and reasonable
Cited 0 timesUnknownMcAdams v. Nationstar Mortgage LLC
District Court, S.D. California · Sep 29, 2021
Id. 10 || Clearly, Plaintiffs claims were not shared with the Robinsons. Therefore, the 11 |) Robinsons failed to “prosecute the action vigorously.” … A plaintiff must allege standing to assert a UCL claim, which requires the 15 || party to demonstrate ‘“(1) a loss or deprivation of money or property sufficient to 16 || qualify as injury in fact, 1.e economic injury
Cited 0 timesUnknownDistrict Court, S.D. California · Feb 8, 2022
The Sequential Process 18 To qualify for disability benefits under the Social Security Act, an applicant … The treatment notes clearly do not support his statement of November 28, 2018, concerning her workplace limitations. (Ex. 11F). 16 Further, Dr.
Cited 0 timesUnknownDistrict Court, S.D. California · Sep 8, 2021
“[I]f the 21 examining immigration officer determines that an alien seeking admission is not clearly 22 and beyond a doubt entitled to be admitted,” the officer is required to detain the individual 23 for removal proceedings … ) as “prohibit[ing] federal courts from granting 11 classwide injunctive relief against the operation of §§ 1221–123[2],” interpreting the carve- 12 out clause as applying only to non-class actions brought by a qualifying
Cited 0 timesUnknownSchertzer v. Bank of America, N.A.
District Court, S.D. California · Apr 4, 2022
No. 254 at 27.) 8 While neither Plaintiff gave BANA an opportunity to refund the charges about which 9 they complain, and the provision clearly states: “This is not a complete list,” BANA could … Mar. 2, 2011) (“plaintiff has failed to establish that common questions of 13 law and fact predominate, as individualized inquiries will be required for each potential 14 class member.
Cited 0 timesUnknownPelican International Inc. v. Hobie Cat Company
District Court, S.D. California · Feb 1, 2022
Cir. 2004) (finding that patentee must 3 “clearly state[] any special definitions of the claim terms in the patent specification or file 4 history.”) … construction of this term in the case: Adoption of rigid body isolation because it is largely Hobie’s proposed having a deck defined by other qualifying
Cited 0 timesUnknownDistrict Court, S.D. California · Aug 10, 2020
He also wrote that Plaintiff was “clearly having 21 difficulty planning and finding info needed to make fully informed decisions.” Id. … The Social Security 17 regulations establish a five-step sequential evaluation to determine whether an applicant 18 is disabled under this standard. 20 C.F.R. §§ 404.1520(a), 416.920(a); Batson v.
Cited 0 timesUnknownDistrict Court, S.D. California · May 7, 2026
Rule 12(b)(6) 3 requires the Court to dismiss claims that fail to establish a cognizable legal theory or do 4 not allege sufficient facts to support a cognizable legal theory. Mendiondo v. Centinela 5 Hosp. Med. … Quinones to deter him from curing Doe 1’s 28 failure to summon medical care qualifies as intimidation which interfered with | || Espinoza’s due process right to affirmative aid under the Fourteenth Amendment and was 2
Cited 0 timesUnknownDistrict Court, S.D. California · Mar 9, 2023
He can concentrate, focus, think more clearly since sleeping well. Id. His 18 energy level is normal. He has been attending Bible study and occasionally takes valium 19 for anxiety reduction. Id. … Id. at 1111-1113. 22 The Ninth Circuit noted “it may be that Smith was disabled for a qualifying portion of the 23
Cited 0 timesUnknownDistrict Court, S.D. California · Sep 12, 2022
(citations omitted). 19 Plaintiff asserts that the ALJ was “simply not qualified to interpret raw medical 20 data in functional terms” as to the finding of no intracranial abnormality. … Plaintiff also argues the ALJ 3 was required to establish a nexus between the daily activities identified and full-time 4 work. (ECF 14-1 at 12.)
Cited 0 timesUnknownDistrict Court, S.D. California · Mar 24, 2022
investigative confinement on contraband watch for 16 a period of six days, and under conditions even more restrictive and lasting three times as 17 long than those alleged by Reynolds in this case,10 did not amount to a clearly … established 18 “‘atypical and significant hardship’ apart from the ordinary conditions of prison 19 management.”
Cited 0 timesUnknownLopez v. Management & Training Corporation
District Court, S.D. California · Apr 20, 2020
An examination into whether there are “legal or factual questions 27 that qualify each class member’s case as a genuine controversy” is required. Id. … Reaction of Class Members 24 “It is established that the absence of a large number of objections to a proposed class 25 action settlement raises a strong presumption that the
Cited 0 timesUnknownDistrict Court, S.D. California · May 1, 2025
Provisional Class Certification under Rule 23 25 Federal Rule of Civil Procedure (“Rule”) 23 establishes four prerequisites … The Court finds that MLG is 13 qualified and accordingly appoints MLG as Class Counsel. 14
Cited 0 timesUnknownDistrict Court, S.D. California · Oct 7, 2021
accurately submitted 13 evidence concerning her earnings, which suggests that she understood or could have 14 understood the consequences of her work activity in her extended period of eligibility that 15 the [SSA] clearly … should have found 9 her to be without fault under 20 C.F.R. § 404.510a based on the erroneous information in 10 the underpayment notices, the Motion is DENIED. 11 The law is well established
Cited 0 timesUnknown
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