Case law

Hammler v. Alvarez

District Court, S.D. California · Jun 16, 2020

Qualified Immunity 23 Defendants argue that they are entitled to qualified immunity. … Katz, 533 U.S. 194, 26 201 (2001) (“If no constitutional right would have been violated were the allegations 27 established, there is no necessity for further inquiries concerning qualified immunity.”); 28 County of

Quick Korner Market v. U.S. Department of Agriculture, Food & Nutrition Service

180 F. Supp. 3d 683 · District Court, S.D. California · May 4, 2016

The party opposing the motion must then satisfy its burden of establishing subject matter jurisdiction. … Furthermoi’e, given that the law clearly establishes the adequacy of judicial review under § 2023, the Court finds that any amendment to Plaintiffs’ APA claim would be futile and thus dismisses this claim with prejudice.

Jones v. Doctors

District Court, S.D. California · Sep 22, 2021

“In other words, ‘(w)hen we are presented with multiple claims within a single 13 action, we assess a PRLA strike only when the “case as a whole” is dismissed for a 14 qualifying reason.’” Harris v. … [which] clearly show that immediate and irreparable injury, loss, or 18 damage will result . . . before the adverse party can be heard in opposition.” Fed. R. Civ. 19 P. 65(b)(1)(A); Gomez v.

United States v. Stratics Networks Inc.

District Court, S.D. California · Mar 6, 2024

Id. § 230(e)(3). 7 The Ninth Circuit has interpreted the CDA to establish broad federal immunity to actions 8 that would make service providers liable for content originating from third-party users of 9 the service … “The prototypical service qualifying for [CDA] immunity is an 3 online messaging board (or bulletin board) on which Internet subscribers post comments 4 and respond to comments posted by others.” Dryoff v.

NUH NHUOC LOI v. Scribner

671 F. Supp. 2d 1189 · District Court, S.D. California · Dec 2, 2009

established federal law. … established federal law.

In re Morning Song Bird Food Litigation

320 F.R.D. 540 · District Court, S.D. California · Mar 31, 2017

Defendants further argue there is no possible means of determining who purchased a bag of bird food qualifying for class membership. … Plaintiffs argue Defendants’ extreme version of the ascertainability requirement is an ideologically inspired immunity accepted by some courts and rejected by others.

Chin v. Small Business Administration of the United States

District Court, S.D. California · Jan 10, 2025

The burden of establishing subject matter 7 jurisdiction is on the party asserting jurisdiction. Kokkonen v. Guardian Life Ins. Co. of 8 Am., 511 U.S. 375, 377 (1994). … May 22, 2000), holding that the Regional Director of 10 the Department of Transportation’s Office of Civil Rights “qualified as initiating contact”). 11 Defendants, on the other hand, respond that “Counselor” must at

Adame

District Court, S.D. California · Jul 6, 2026

of opinion where existing authority points clearly in one 15 direction.” … to that immunity would have been lost. 6 || See Taylor v.

Al Khafati v. Covello

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

C.) 1 that relate to the decision to grant, deny, or revoke parole, for which parole officials have 2 absolute immunity, and other actions like reporting parole violations, for which officials 3 have only qualified … immunity); Gay v.

Rodriguez v. Associated Technical College

District Court, S.D. California · Apr 23, 2020

Transp. 24 Auth., 114 F.3d 976, 978 (9th Cir. 1994) (emphasis omitted). 25 To establish a qualified disability under the ADA, a plaintiff must show “(A) a 26 physical or mental impairment that substantially … Here, ] || Plaintiff fails to establish she has a qualified disability.

Hairston v. Salazar

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

claim entitlement to qualified immunity on the basis that no reasonable 9 || officer would have known that responding with force in the manner they did would be a 10 || violation of Plaintiff's constitutional rights. … Katz, 533 U.S. 194, 201 (2001) (“If no constitutional right would 13 ||have been violated were the allegations established, there is no necessity for further 14 inquiries concerning qualified immunity.”

Cowan

District Court, S.D. California · Jul 14, 2026

The 7 Court must sua sponte dismiss an IFP complaint that is frivolous or malicious, fails to state 8 a claim, or seeks monetary relief against a defendant who is immune from such relief. … Rehabilitation Act 4 The Rehabilitation Act provides in relevant part: “[n]o otherwise qualified individual 5 with a disability . . . shall, solely by reason of her or his

United States v. Caballero

178 F. Supp. 3d 1008 · District Court, S.D. California · Apr 14, 2016

Apr. 1, 2015) C‘[T]he search here falls within the well-established parameters of a border search requiring no warrant. Riley v. … Such a search may well qualify under the exigent circumstances exception even after Riley . However, the Government does not make that argument here. .

Guerra

District Court, S.D. California · Jun 2, 2026

state law, and (2) 24 that the official is not entitled to the protection of qualified immunity. … Id. 3 Plaintiff has not established a claim for fabrication of evidence.

United States v. City of San Diego

District Court, S.D. California · Sep 17, 2024

that a cost has been incurred, but rather establishes that a cost may 10 be incurred, or will be incurred.”) … Cal. 22 Feb. 8, 2016) (“The amended complaint must clearly identify as to each claim for relief: 23 (1) a waiver of sovereign immunity, where applicable, (2) the jurisdictional basis for this 24 Court to adjudicate

Ammex Warehouse Co. of San Ysidro, Inc. v. Department of Alcoholic Beverage Control for California

224 F. Supp. 546 · District Court, S.D. California · Nov 27, 1963

Nothing in the complaint detracts from or qualifies the jurisdictional claim so as to show that jurisdiction is lacking, and the plaintiffs are free to prove their claim by the production of evidence. … the crude oil not been imported in bond it would, upon its manufacture, have become a part of the common mass of property in the state and so would have lost its distinctive character as an import and its constitutional immunity

Moore

District Court, S.D. California · Sep 15, 2026

12 is required to sua sponte dismiss the case at any time it concludes the action is frivolous or 13 malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief 14 from a defendant immune … Apr. 24, 2025) (“[Plaintiff] does not allege any facts that, if true, 2 would establish that any defendant discriminated against him on the basis of his 3 disability.”); Olson v.

Petition of Sproule

19 F. Supp. 995 · District Court, S.D. California · Jul 9, 1937

Section 3 of the Enabling-Act for the Dakotas, approved February 22, 1889, provided, in part, as follows: “That all persons who are qualified by the laws of said territories to vote for representatives to the legislative … (Italics added.) *1000 ■ “Clearly, minors acquire an inchoate status by the declaration of intention on the part of their parents.

Stultz

District Court, S.D. California · Mar 5, 2026

(Id. at 21.) 17 On January 30, 2022, a “med tech” at CSP4 “obtained a COVID-19 swab [from Stultz] and 18 never documented [the] procedure to establish a safe chain of custody.” … Halderman, 465 11 U.S. 89, 100 (1984) (holding that Eleventh Amendment immunity extends to state 12 agencies); Groten v.

Hall v. City of Brawley

887 F. Supp. 1333 · District Court, S.D. California · May 23, 1995

Clearly, the Plaintiff could have been considered for the position assuming other appropriate qualifications, without increasing the number of authorized positions in the City. 44. … Bennett’s liability as established herein does exist under 42 U.S.C. § 1983 .