Case law

Gorchakoff v. California Shipbuilding Corp.

63 F. Supp. 309 · District Court, S.D. California · Oct 9, 1945

In other words, does„the evidence establish Mr. … We have been unable to clearly identify from the record before us two admittedly chargeable items of $12.12 in the week ending April 4, 1942.

Southwest Marine, Inc. v. Campbell Industries

616 F. Supp. 253 · District Court, S.D. California · Jul 2, 1985

On plaintiffs appeal, 732 F.2d 744 the Ninth Circuit held that the pan delicto defense had not been established, because the record did not provide a legally sufficient basis for imputing Mr. … Lundin, that the reason they have not alleged such a cause of action up to this time is that “there was no need to present facts relating to any exception to the Noerr-Pennington doctrine”, because governmental immunity was

Cejas v. Brown`

District Court, S.D. California · Sep 30, 2020

Qualified Immunity 10 “The doctrine of qualified immunity protects government officials ‘from liability for 11 civil damages insofar as their conduct does not violate clearly established … of their conduct was ‘clearly established at the time.’”

Meyer v. County of San Diego

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

To determine whether an official is entitled to 9 qualified immunity, a court considers whether there has been a violation of a 10 constitutional right, and whether that right was clearly established by controlling … The doctrine of qualified immunity does not apply to 14 causes of action under Civil Code § 52.1.

United States v. Esparza-Ponce

7 F. Supp. 2d 1084 · District Court, S.D. California · May 18, 1998

Thus, Defendant asks this Court to hold that California thieves are immune from § 1326(b)(2) prosecutions. … Under this test, Defendant has not established prejudice.

United States v. Certain Parcels of Land

15 F.R.D. 224 · District Court, S.D. California · Dec 23, 1953

In short, the Government’s claim of immunity under the Attorney General’s regulations does not rest upon any privilege “established in the law of evidence.” See United States v. … Clearly there is no such privilege known to the law of evidence.

In Re Fox West Coast Theatres

25 F. Supp. 250 · District Court, S.D. California · Apr 27, 1936

The course may be platted with more precision by reference to some clearly defined points. If the primary order of adjudication was a nullity, it must be expunged. … The duly qualified officers of the corporation must by proper procedure commit it to such a course.

Lopez v. City of El Cajon

District Court, S.D. California · Aug 27, 2020

Defendants contend that Officer Gray is entitled to 6 qualified immunity. … Plaintiff contends that Officer Gray is not entitled to 18 qualified immunity because it is clearly established in the Ninth Circuit that punching a 19 man whose resistance to arrest was minimal, and causing

Perkins v. Flemming

191 F. Supp. 137 · District Court, S.D. California · Feb 13, 1961

The Referee concluded that plaintiff is entitled to the establishment of a period of disability effective March 1946 to disability insurance benefits effective July 1957. … “Any substantial gainful activity” is such activity for which the [particular] claimant is reasonably qualified by education, training, or skill.

In re Jiffy Lube International, Inc., Text Spam Litigation

847 F. Supp. 2d 1253 · District Court, S.D. California · Mar 9, 2012

With the scope of the law established, the parties’ principal disagreement is about the governmental interest at issue. … The Ninth Circuit has held that a text message qualifies as a "call” under the TCPA. Satterfield v. Simon & Schuster, Inc., 569 F.3d 946, 952 (9th Cir.2009). .

Guinto v. Marcos

654 F. Supp. 276 · District Court, S.D. California · Oct 31, 1986

However, because the instant matter may be resolved on either jurisdictional grounds or by application of the Act of State doctrine, it is not necessary to reach the issues of Head of State Immunity, Personal Jurisdiction … nations,” qualified the test set out in IIT v.

Ollier v. Sweetwater Union High School District

858 F. Supp. 2d 1093 · District Court, S.D. California · Feb 9, 2012

The Court qualified Lopiano as an expert witness in Title IX compliance issues. On May 9, 2008, Lopiano conducted an on-site inspection at CPHS. … from negligent misrepresentation, eleventh amendment immunity, qualified immunity and reservation of additional affirmative defenses. .

Sycuan Band of Mission Indians v. Roache

788 F. Supp. 1498 · District Court, S.D. California · Feb 24, 1992

The defendant’s argument also ignores other well-established principles of statutory construction. … The defendants’ argument is contrary to well-established principles of construction.

Reayes v. Madden

District Court, S.D. California · Aug 24, 2023

Immunity 12 Defendants suggest the Complaint should be dismissed in its entirety under the 13 qualified immunity doctrine. … immunity.

Mann v. City of Chula Vista

District Court, S.D. California · Sep 28, 2020

clearly 14 established’ at the time of the challenged conduct.” … App’x 14 at 625-26 (denying qualified immunity where tight handcuffs caused plaintiff pain and he 15 requested the police loosen them); Wall, 364 F.3d at 1112 (the officer “violated a clearly 16 established constitutional

Metaxas v. United States

68 F. Supp. 667 · District Court, S.D. California · Oct 30, 1946

Thus jurisdiction to try causes grounded upon such claims is clearly lodged in the district courts of the United States, Nahmeh v. United States, 1925, 267 U.S. 122 , 45 S.Ct. 277 , 69 L.Ed. 536 . … Reasoning by analogy from a statute is a soundly established technique invoking the age-old principle of the “equity of the statute.” See: Stone, The Common Law in the United States (1936), 50 Harv. L. Rev. 4 , 12-13.

Hess

District Court, S.D. California · Jun 23, 2026

In addition, to state a § 1983 claim, Hess must 16 allege facts to establish a causal link between the Defendants’ conduct and an alleged 17 unlawful arrest. … See ECF No. 1 at 5. 21 As to Plaintiff’s allegation regarding fabrication of evidence, there is a “clearly 22 established due process right not to be subjected to criminal charges on the basis of false

Securities & Exchange Commission v. Franklin

348 F. Supp. 2d 1159 · District Court, S.D. California · Nov 29, 2004

At the time of its prior ruling, the Court held that transcripts of the testimony given by George Chachas during investigative hearings before the SEC on February 6-7, 2001, were insufficient to establish that Chachas’s business … (a) Written Declaration The language of Rule 902(11) clearly requires a written declaration. The punctuation in the provision reinforces this conclusion.

Bow v. Pilato

82 F. Supp. 399 · District Court, S.D. California · Feb 4, 1949

He was within a few feet of the flywheel and was clearly within ordinary hearing of the flywheel operator at all times throughout the operation. … Nor do we think the defense of assumption of risk is available or applicable in this proceeding in the light of the established maritime status of Bow at the time and place of the accident which brought about his injuries

SDR Capital Management, Inc. v. American International Speciality Lines Insurance

320 F. Supp. 2d 1043 · District Court, S.D. California · Feb 26, 2004

Accordingly, the burden rests with the insured to prove that the claim is within the scope of coverage, whereas the burden rests with the insurer to establish that the claim is “specifically excluded.” Id. in. … While arbitration clearly qualifies under ML Direct’s exclusion provision, it does not qualify under the exclusion provision currently at issue.