Case law

In Re Dura Pharmaceuticals, Inc. Securities Litigation

548 F. Supp. 2d 1126 · District Court, S.D. California · Feb 20, 2008

Litig., 183 F.3d 970, 985 (9th Cir.1999); In re Immune Response Sec. Litig., 375 F.Supp.2d 983, 1023 (S.D.Cal.2005). … The Court now con *1142 siders whether those statements qualify for the PSLRA’s safe harbor provision.

Bonilla v. Judge Andrew G. Schopler

District Court, S.D. California · Feb 26, 2024

. § 1915(g), 20 he no longer qualifies to proceed in forma pauperis in any civil rights action.” (citing In 21 re Steven Bonilla, Nos. C 11-3180, et seq. CW (PR), Order of Dismissal at 6:23-7:19.)). 22 II. … But despite Bonilla’s 20 allegations that Defendants ruled “without authority,” id., habeas corpus petitions are 21 clearly matters over which federal judges have subject matter jurisdiction.

Arellano v. Calderon

District Court, S.D. California · Mar 18, 2024

Moreno and Calderon claim they are entitled to qualified 5 immunity because Arellano does not have a clearly established right to a “higher level of 6 mental health care following Defendants’ clinical assessments … Qualified Immunity 8 Finally, Defendants claim that they are entitled to qualified immunity with respect 9 to Plaintiff’s Eighth Amendment claims. (See Defs.’

Boemio v. Love's Restaurant

954 F. Supp. 204 · District Court, S.D. California · Jan 30, 1997

A restaurant is clearly a public accommodation under the ADA. 42 U.S.C. § 12181 (7)(B). A restaurant is also a public accommodation under California state law. Cal.Health and Safety Code § 19955 (West 1992). … To maintain an action for damages, however, an individual must take the additional step of establishing that he or she was denied equal access on a particular occasion. Donald v.

Gunther v. San Diego & Arizona Eastern Railway Co.

192 F. Supp. 882 · District Court, S.D. California · Mar 27, 1961

employment with defendant were governed by the agreement by and between San Diego & Arizona Eastern Railway Company and its locomotive engineers represented by the Brotherhood of Locomotive Engineers and the said agreement established … record shall present a more solid basis of findings based on litigation or on a comprehensive statement of agreed facts * * We think this controversy should be decided as soon as possible, but on a record which will disclose clearly

Ex parte Buczkowski

30 F.2d 416 · District Court, S.D. California · Jan 21, 1929

If petitioner intended to rely upon the protection of the commerce clause, he should have kept himself clearly within the field it is intended to eover. … If the municipal court had the jurisdiction, under the conflicting evidence, to determine the question as to whether petitioner had shown himself to be entitled to claim immunity from prosecution, its decision was binding

Thomas-Weisner v. Gipson

District Court, S.D. California · Oct 26, 2020

Qualified Immunity 16 Defendants also move to dismiss on the ground that they are entitled to qualified 17 immunity. … Katz, 533 19 U.S. 194, 201 (2001) (“If no constitutional right would have been violated were the 20 allegations established, there is no necessity for further inquiries concerning qualified 21 immunity.”); County of

Fosbinder v. County of San Diego

District Court, S.D. California · Oct 30, 2024

Qualified Immunity 14 The Court briefly addresses the County’s arguments the Doe defendants are 15 entitled to qualified immunity on Plaintiff’s claims. … The Court DENIES the County’s motion to dismiss the Doe defendants on 8 basis of qualified immunity as moot. 9 6.

Goode v. Canedo

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

The movant is entitled to judgment only where it has been 15 “clearly established on the face of the pleadings that no material issue of fact remains to 16 be resolved.” Hal Roach Studios, Inc. v. … 20 immunity shields Defendant from liability because the Defendant did not violate any 21 clearly established statutory or constitutional right of which a reasonable person in 22 Defendant’s position would have known

Thomas-Weisner v. Gipson

District Court, S.D. California · Jun 14, 2022

Qualified Immunity 8 Defendants also moved to dismiss on the ground that they are entitled to qualified 9 immunity. … Katz, 533 11 U.S. 194, 201 (2001) (“If no constitutional right would have been violated were the 12 allegations established, there is no necessity for further inquiries concerning qualified 13 immunity.”); County of

Matter of Grand Jury Investigation of Targets

918 F. Supp. 1374 · District Court, S.D. California · Mar 6, 1996

In certain circumstances, the burden is on the United States to establish that tainted attorneys have not spread information to other prosecutors. See, e.g., United States v. … However, Lopez's holding is clearly based on the scope of the Commerce Clause. Id. at -, 115 S.Ct., at 1634 . 22 .

Veoh Networks, Inc. v. UMG Recordings, Inc.

522 F. Supp. 2d 1265 · District Court, S.D. California · Nov 14, 2007

The complaint in a declaratory relief action must allege facts sufficient to establish an actual controversy. Int’l Harvester Co. v. Deere & Co., 623 F.2d 1207, 1210 (7th Cir.1980). … Med Immune, Inc. v. Genentech, Inc., — U.S. -, -, 127 S.Ct. 764, 771 , 166 L.Ed.2d 604 (2007).

United States v. Silva

272 F. Supp. 46 · District Court, S.D. California · Aug 28, 1967

that no unlicensed person shall perform (subdivision 4) or be engaged to perform (subdivision 5) the duties of any officer required to be licensed, the statute makes certain exceptions, none of for which the Cathy Lynn qualifies … The Ninth Circuit (Judge Hamley) clearly stated the general rule that applies when making such a determination; “* * * (T)he regulation of an agency of the United States must be issued within the powers conferred by Congress

McCullock v. Scharr

District Court, S.D. California · Jul 14, 2021

Qualified Immunity and Exhaustion of Administrative Remedies 6 Defendants also move for summary judgment on the ground that they are entitled 7 || to qualified immunity. … Katz, 533 U.S. 194, 201 (2001) (“If no constitutional 10 would have been violated were the allegations established, there is no necessity for 11 || further inquiries concerning qualified immunity.”); County of

Marin v. Carroll

District Court, S.D. California · Aug 23, 2021

Plaintiff claims he would “go to those establishments 4 [with wifi] and sit outside on the concrete with his laptop until restaurant management or 5 security or police told him to get out, or the establishment wifi signal … Jordan, 440 U.S. 332, 342 (1979), and California has not 25 waived its Eleventh Amendment immunity as to such claims.

Cohen

District Court, S.D. California · Aug 21, 2026

Civish, 382 F.3d 2 969, 973 (9th Cir. 2004) (“the Eleventh Amendment [] precludes the adjudication of 3 pendent state law claims against nonconsenting state defendants in federal courts.”). 4 It has been well established … Nov. 21, 2016) 18 (dismissing plaintiff’s Unruh Act claim because plaintiff failed to demonstrate that 19 California clearly waived its sovereign immunity under the Unruh Act); Crumb v. 20 Orthopedic

United States v. California Midway Oil Co.

259 F. 343 · District Court, S.D. California · Jun 23, 1919

The property thereby became open to relocation by any qualified person or persons. Miller v. Chrisman, 140 Cal. 440 , 73 Pac. 1083 , 74 Pac. 444 , 98 Am. St. Rep. 63 ; Bogwardt v. … “It must * * * be clearly established. Suspicion is not enough. * * * The balance of the testimony is not to be nicely weighed.” Sanborn v. Stetson, 21 Fed. Cas. 315 .

Arellano v. Guldseth

District Court, S.D. California · May 5, 2023

See id. at 30. 12 Finally, both Defendants claim that because Arellano does not have a clearly 13 established right to dictate any specific course of treatment, they are entitled to qualified 14 immunity with … Qualified Immunity 11 Finally, both Defendants claim that because Arellano “do[es] not have a clearly 12 established right to a specific course of treatment,” they are entitled

Goode v. Canedo

District Court, S.D. California · May 1, 2024

Finally, Canedo states he is entitled to qualified 7 immunity. … Government officials have qualified 28 immunity from civil damages unless their conduct violates “clearly established statutory | constitutional rights of which a reasonable person would have known.”

O'Brien v. Gularte

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

He argues Defendants are not entitled to qualified immunity because 4 his rights to be free from retaliation and deliberate indifference to his safety were clearly 5 established at the time of the events, and that his … Plaintiff argues qualified immunity is 27 not available because his rights to be free from retaliation and deliberate indifference to his 28 safety were clearly established at the time of the events.