Case law

Castillo-Gradis v. Turnage

752 F. Supp. 937 · District Court, S.D. California · Dec 19, 1990

This would undercut the very purpose of the six month time limit established by 1252(c). … By the language of the statute itself, such a determination is clearly not a discretionary one.

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

Vaxiion Therapeutics, Inc. v. Foley & Lardner LLP

593 F. Supp. 2d 1153 · District Court, S.D. California · Dec 18, 2008

Again, the Court has already found Manbeck is not qualified to testify as an expert on conflicts of interest. … Plaintiff makes only bald assertions that “[t]his was a course of conduct clearly designed to lead to a finding adverse to Vaxiion.” (Reply at 12.)

Greer v. County of San Diego

District Court, S.D. California · Apr 14, 2020

Plaintiff argues that Defendants’ immunity argument lacks merit 7 because the negligence claim is wholly based on delaying medical care, which is 8 expressly excluded from the Government Code immunities. … They dispute what qualifies as delaying medical 18 care.

Iskowitz v. Northridge Subtenant, LLC

District Court, S.D. California · Dec 8, 2021

At bottom, Defendants have argued that they are covered by the 8 PREP Act, that their conduct qualifies as “covered countermeasures” during a national 9 public health emergency, that they qualify as federal officers and … Plaintiffs need not prove the removal was pursued in bad 19 faith—attorney’s fees may also be awarded when it seems the removal was clearly 20 improper, or where the lack of jurisdiction would have been clear with minimal

Toussaint v. Dronenburg

District Court, S.D. California · Jun 30, 2023

First Amendment — Establishment Clause 20 The Establishment Clause of the First Amendment proscribes any law “respecting 21 an establishment of religion.” U.S. Const. Amend. I. … Oct. 4, 2017) (finding damages request for $85 million to be “clearly baseless and 10 || subject to dismissal as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(1)”).

United States v. Guess

425 F. Supp. 2d 1143 · District Court, S.D. California · Feb 23, 2006

She has established and represented “innumerable support organizations” such as the donor advised fund operated by the Foundation. Id. ¶ 4 . … The Foundation establish that attorneys with comparable tax and complex litigation expertise generally charge much more than the statutory hourly cap. That circumstances does not qualify as a “special factor.”

Jones v. the Vessel Nair

612 F. Supp. 414 · District Court, S.D. California · Apr 27, 1984

The corporation is not qualified to do business in California or the United States. Neither the corporation nor the defendant Gavaldon pay any California or federal income tax in the United States. … However, Rhoditis and Phillips clearly establish that in the Ninth Circuit, citizenship is but one of the factors that should be considered.

Best v. Harris Moran Seed Co.

44 F. Supp. 3d 974 · District Court, S.D. California · Sep 3, 2014

The four levels are defined as follows: Immunity. Plant varieties which are not subject to attack or infection by a specific pest/pathogen are considered immune. Resistance. … Not as strong as immunity; two levels of resistance of defined.

Dickman v. Kimball, Tirey & St. John, LLP

982 F. Supp. 2d 1157 · District Court, S.D. California · Nov 6, 2013

Brokerage, Inc., 25 F.Supp.2d 1053, 1056 (N.D.Cal.1998) (holding that any immunity under Civil Code § 47(b) is preempted by the Fair Labor Standards Act “by virtue of the Supremacy Clause”)). … As correctly noted by Plaintiff, the Ninth Circuit has clearly determined that California’s Anti-SLAPP Law does not apply to federal causes of action.

White v. Countrywide Financial Corp.

277 F.R.D. 586 · District Court, S.D. California · Oct 11, 2011

Subprime borrowers generally did not qualify for Pay Option loans. … Yet, the single page advertisement clearly discloses: “Minimum payment option may results (sic) in negative amortization.”

Bartell v. Riddell

202 F. Supp. 70 · District Court, S.D. California · Feb 5, 1962

The complaint clearly sets-forth allegations to the effect that defendant Riddell acted in this matter as the duly authorized agent of the United States. … And it is also established that, although it is a general grant of jurisdiction, § 1340 will of itself support federal jurisdiction without recourse to a more specific jurisdictional statute. (United States v.

Lema v. The Board of Trustees of the California State University System

District Court, S.D. California · Mar 28, 2024

“[I]f the defendant meets its initial burden, the plaintiff is then charged 5 with the burden of establishing, by competent and admissible evidence, a probability of 6 prevailing on his or her claims at trial.” … Plaintiff fails to cite to 24 any authority or even attempt to establish Defendants’ have a duty to Plaintiff in the course 25 of their investigation. Cf. Regents of University of California v.

Hendricks v. Dynegy Power Marketing, Inc.

160 F. Supp. 2d 1155 · District Court, S.D. California · Jul 31, 2001

First Nat’l Bank in Meridian, 299 U.S. 109, 112 , 57 S.Ct. 96 , 81 L.Ed. 70 (1936): “To bring a case within the [federal-question removal] statute, a right or immunity created by the Constitution or laws of the United States … As sensible as such an approach might be in light of the clearly expressed federal interest in energy regulation, the Court is constitutionally compelled to make the first principle primary and recognize the limits of its

Lozano v. C.A. Martinez Family Ltd. Partnership

129 F. Supp. 3d 967 · District Court, S.D. California · Sep 8, 2015

The Swap Meet is a service establishment that qualifies as a place of public accommodation. 42 U.S.C. § 12181 (7)(E). Defendant Santo Tomas, Inc., is the lessee and operator of the Property. (Answer ¶ 2.) Defendant C.A. … The evidence establishes that Plaintiff encountered an architectural barrier that impaired Plaintiffs full and equal access of the Swap Meet.

Goncalves ex rel. Goncalves v. Rady Children's Hospital San Diego

65 F. Supp. 3d 985 · District Court, S.D. California · Dec 4, 2014

The legislative record does not show that Congress was concerned with clarifying § 1442’s purpose, rather the legislative record clearly shows that Congress was concerned with § 1442’s inconsistent application by the federal … fulfill the basic task of establishing a health benefits program for federal employees.”

United States v. Richfield Oil Corp.

99 F. Supp. 280 · District Court, S.D. California · Jul 2, 1951

If the fact that no outlets for the product existed before Rich-field entered the field, would give complete immunity, regardless of the purpose for which the outlets are established and of the manifest intent to keep out … The evidence clearly shows that respondent’s agency contracts were made without unlawful motive and in the orderly course of an expanding business.

United States v. Kusche

56 F. Supp. 201 · District Court, S.D. California · Jun 13, 1944

The law gives a different effect to the facts established solely by the representations of the petitioner than it does to the facts which it requires to be established by the testimony of two qualified witnesses. - Falsity … The Ginsberg case, 1917, 243 U.S. 472 , 37 S.Ct. 422 , 61 L.Ed. 853 , established the proposition that where it was shown without dispute at the hearing of the petition for naturalization, that the applicant was not qualified

Thomasson v. GC Services Ltd. Partnership

275 F.R.D. 309 · District Court, S.D. California · Feb 8, 2011

It is this policy, they contend, not the content of the conversation that establishes the violation. … Defendant argues Plaintiffs’ counsel are not qualified to conduct this litigation based upon their conduct in these proceedings.

Youngevity International, Corp. v. Smith

224 F. Supp. 3d 1022 · District Court, S.D. California · Dec 1, 2016

Defendants contend that Plaintiffs have failed to establish that this video was in fact posted by a Wakaya agent. However, at the pleading stage, Plaintiffs need not establish an agency relationship. … According to the FDA, high lead dosage products can cause serious damages to the central nervous system, kidneys, and immune system. (SAC ¶¶ 86, 87.)