Case law

Adams v. Albany

80 F. Supp. 876 · District Court, S.D. California · Nov 5, 1948

“In a case of this kind brought under the provisions of a statute creating' the right of action where none previously existed and qualifies the right of action by requiring that the suit to enforce it be brought within a … This is akin to the> rule that in statutes waiving governmental immunity to suit, the courts are “confined to the letter of the statute” (The Isonomia, 1933, 2 Cir., 285 F. 516, 520 ), because the limitation of the remedy

Toranto v. Jaffurs

District Court, S.D. California · Sep 13, 2019

Toranto argues that the evidence 15 in the record defeats any qualified immunity Dr. … Jaffurs a text message saying, “U called him a little [expletive] because he clearly is 25 one[.]” Doc. No. 305 at pg. 38. Dr.

BRANNIAN v. City of San Diego

364 F. Supp. 2d 1187 · District Court, S.D. California · Mar 29, 2005

The party invoking federal jurisdiction bears the burden of establishing these elements. Id. at 561 , 112 S.Ct. 2130 (citations omitted). … “Therefore, in order to qualify for attorney’s fees under § 1988, a plaintiff must be a ‘prevailing party.’ ” Farrar v. Hobby, 506 U.S. 103, 109 , 113 S.Ct. 566 , 121 L.Ed.2d 494 (1992).

Matsuo v. Dulles

133 F. Supp. 711 · District Court, S.D. California · Jun 22, 1955

There is no vested right in procedure which makes it immune to change by Congress. Barber v. Yanish, 9 Cir., 1952, 196 F.2d 53 , and cases cited in footnote; Junso Fujii v. … The plain language of the statute clearly shows that claim and denial while in the United States is a prerequisite to relief under that section.

Dorado v. Stephan

District Court, S.D. California · Feb 25, 2025

, judicial immunity is an immunity from suit, not just from ultimate assessment 2 of damages.”). … immunity extended to judges and prosecutors.”).

United States v. Stockton Midway Oil Co.

240 F. 1006 · District Court, S.D. California · Jan 5, 1917

A water line was run, a water tank was established on one of the quarters, a road was made, and a skeleton derrick was erected on each quarter. … By that event, of course, and not till then, his immunity as against attack by the government in its proprietary capacity would be complete.

Barragan

District Court, S.D. California · Apr 7, 2026

The burden of establishing subject matter jurisdiction is on the 14 party asserting jurisdiction. Kokkonen v. Guardian Life Ins. … its sovereign immunity with respect to fraud and 10 misrepresentation claims.

Burton v. Silverado Escondido, LLC

District Court, S.D. California · Nov 2, 2021

P. 15 12(b)(6) and/or 12(b)(1) on the grounds that it is immune from Plaintiff’s suit” under the 16 PREP Act. … Silverado failed to establish and implement proper 19 infection control policies, which led to an outbreak of COVID-19.

United States v. Standard Oil Co. of California

21 F. Supp. 645 · District Court, S.D. California · Dec 4, 1937

As the evidence shows clearly, that the operation of the wells was discontinued at the request of the government in 1932, the cost of maintaining the status quo until the determination of the claim of title is clearly an … The right to receive interest from the date of conversion is claimed as a vested -right immune from statutory interference. No constitutional immunity attaches to a particular remedy. Oshkosh Waterworks Company v.

Ellis v. Western Airlines, Inc.

652 F. Supp. 938 · District Court, S.D. California · Dec 22, 1986

Those paying the “service charge” qualify as “nonmember employees.” Apparently, Howard Ellis did not pay either. Nor did he object to the procedure until the events that precipitated this suit. … This summary is clearly inadequate under Hudson , which mandates that ATE must identify expenditures for collective bargaining. Id. at 1076 .

Continental Laboratory Products, Inc. v. Medax International, Inc.

114 F. Supp. 2d 992 · District Court, S.D. California · Sep 18, 2000

established place in the market. … — even though the evidence detailed above establishes otherwise.

Lewis v. Ryan

261 F.R.D. 513 · District Court, S.D. California · Oct 23, 2009

The lack of bad faith does not immunize a party or its attorney from sanctions, although a finding of good or bad faith may be a consideration in determining whether imposition of sanctions would be unjust and the severity … To decide whether to impose an adverse inference sanction based on spoliation, several California district courts have adopted the Second Circuit’s test requiring that a party seeking such an instruction establish that: “

Sunderland v. PharmaCare U.S., Inc.

District Court, S.D. California · Sep 12, 2025

Sambucol Black Elderberry Daily Immune Drink Powder 12 8. Sambucol Black Elderberry Advance Immune Syrup 13 (collectively, the “Products”). … Legal Standard 9 Federal Rule of Evidence 702 allows admission of “scientific, technical, or other 10 specialized knowledge” by a qualified expert if it will “help

Qwest Communications Corp. v. Weisz

278 F. Supp. 2d 1188 · District Court, S.D. California · Aug 6, 2003

Because conspiracy is not an independent tort, “it allows tort recovery only against a party who already owes a duty and is not immune from liability based on applicable substantive tort law principles.” Id. IV. … The plain language of Section 3439.08(b)(1) clearly does not limit recovery to debtors and transferees.

ArchitectureArt, LLC v. City of San Diego

231 F. Supp. 3d 828 · District Court, S.D. California · Jan 6, 2017

The signs are clearly advertising. … However, Plaintiff fails to establish that these signs were on City, as opposed to Port Commission property.

County of San Diego v. Bowen

631 F. Supp. 947 · District Court, S.D. California · Mar 4, 1986

JURISDICTION Section 1156 of the Social Security Act, 42 U.S.C. § 1320C-5 (1982), sets forth the obligations of health care providers to qualify for Medicare reimbursements. … Accordingly, this court must refrain from interfering with the balance that Congress established.

Malik v. Universal Resources Corp.

425 F. Supp. 350 · District Court, S.D. California · Jun 3, 1976

While granting that the precise language of § 17(a)(2) does not so clearly as § 10(b) bespeak a Congressional intent to reach only purposeful wrongdoing, I nonetheless hold that, at least with respect to civil claims, scienter … Scienter with respect to said non-disclosures is established by ample circumstantial evidence.

Marketquest Grp., Inc. v. BIC Corp.

316 F. Supp. 3d 1234 · District Court, S.D. California · Jun 12, 2018

Qashat , 364 F.3d 332 , 335 (1st Cir. 2004) ("[S]ales of goods within or from the United States are not necessary to establish trademark ownership; for purposes of the Lanham Act, transportation alone qualifies."). … This is because "an infringer's intent to trade off the established goodwill of the smaller, less established plaintiff is necessarily absent."

Yablonsky v. California Department of Correction & Rehabilitation

District Court, S.D. California · Sep 30, 2022

immunity. … The qualified immunity doctrine shields government officials from 16 civil liability so long as “their conduct does not violate clearly established statutory or 17 constitutional rights of which a reasonable person

Johnson v. United States of America

District Court, S.D. California · Jan 25, 2021

While the FTCA waived sovereign immunity claims for 1 certain torts committed by federal employees, constitutional tort claims are not 2 ||cognizable under the FTCA. Meyer, 510 U.S. at 475. … Accordingly, the United States reasons, the claim is barred 5 the Supreme Court’s decision in Meyer that the FTCA did not waive sovereign 6 |/immunity for constitutional claims.