Case law

Cockrell v. United States

86 F. Supp. 2d 994 · District Court, S.D. California · Aug 3, 1999

Gary Cockrell was a qualified initial-attack-rated pilot. (RT, 11-147:17 to 148:1.) 68. … The burden, a preponderance of evidence, is on the U.S. to establish its affirmative defense of special employment.

Pereira v. Saul

District Court, S.D. California · Jun 15, 2020

Plaintiff qualifies to proceed 17 without paying the initial filing fee and his complaint states a claim for relief. … “[T]o survive the Court’s § 1915(e) screening,” a plaintiff must (1) “establish 8 that she has exhausted her administrative remedies pursuant to 42 U.S.C. § 405(g), and that 9 the civil action was commenced within

United States v. National City Lines, Inc.

80 F. Supp. 734 · District Court, S.D. California · Oct 12, 1948

It did not choose to establish a principle to serve as a guide in all cases. … This therefore is a case of first impression, seeking departure from long-established practice.

At & T Wireless Services of California LLC v. City of Carlsbad

308 F. Supp. 2d 1148 · District Court, S.D. California · Feb 3, 2003

This legislative intent is clearly reflected in the legislative history of the TCA which provides ‘“substantial evidence contained in a written record’ is the traditional standard used for judicial review of agency actions … U.S.C. § 1983 To prevail on a § 1983 claim, the plaintiff must prove that (1) the defendant acted under the color of law in committing the conduct at issue and (2) such conduct deprived plaintiff of some right, privilege or immunity

Navarrette v. Department of Homeland Security

District Court, S.D. California · May 11, 2023

23 immunity. … immunity applies.

United States v. Canella

63 F. Supp. 377 · District Court, S.D. California · Nov 26, 1945

In numerous instances, duties not completely defined by written rules are clearly established by settled practice, and action taken in the course of their performance must be regarded as within the provisions of the above-mentioned … The capacity of the defendant is averred very clearly. The matters which called for his official action are stated in detail.

Resnik v. Kijakazi

District Court, S.D. California · Nov 7, 2022

Plaintiff qualifies to proceed 10 without paying the initial filing fee, and her complaint states a claim for relief. … “[T]o survive the Court’s § 1915(e) screening,” a plaintiff must 8 (1) “establish that she has exhausted her administrative remedies pursuant to 42 U.S.C. 9 § 405(g), and that the civil action was commenced within

Yanet PEREZ PEREZ v. United States of America, et al.

District Court, S.D. California · Jun 4, 2026

Sovereign immunity and the FTCA. 10 “The United States, as sovereign, is immune from suit save as it consents to be sued.” 11 United States v. … (Id. at 19 (§ 8.43).) 15 The foregoing language clearly calls upon CBP agents to decide whether to initiate 16 or terminate a pursuit.

Romero v. United States Federal Government

District Court, S.D. California · Dec 9, 2020

While plaintiff qualifies to 14 proceed without paying the initial filing fee, his complaint fails to state a claim for relief. 15 So, the Court grants plaintiff’s IFP motion but dismisses the complaint without prejudice … But these facts do not establish that plaintiff has exhausted his 22 administrative remedies under 42 U.S.C. §405(g).

National Campaign Committee v. Rogan

69 F. Supp. 679 · District Court, S.D. California · Jan 24, 1945

In 1934, however, apparently in view of conflicting decisions of the courts, a limiting and qualifying phrase was added to the Internal Revenue statute which becomes significant herein, as will appear. … Unless the District Courts are to accept as fiat without question, the interpretation, put on acts of Congress by the so-called experts who administer those laws, the omission of that clause, under long established rules

Naito v. Acheson

106 F. Supp. 770 · District Court, S.D. California · Jul 24, 1952

Even if we were to assume that all officials were required to be Japanese nationals, the evidence does not establish that the plaintiff was an official. … Assuming that the plaintiff, with his very limited understanding of English, understood this question, he certainly was not qualified to express a conclusion as to Japanese law.

Williams v. Kijakazi

District Court, S.D. California · Jan 20, 2021

Plaintiff qualifies to proceed 17 without paying the filing fee, but an initial review of the complaint shows it fails to state a 18 claim for relief. … “[T]o survive the Court’s § 1915(e) screening,” a plaintiff must (1) “establish 11 that she has exhausted her administrative remedies pursuant to 42 U.S.C. § 405(g), and that 12 the civil action was commenced within

Abera v. San Diego Pacificvu LLC

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

Courts “broadly construe the scope of immunity,” and 26 “exceptions to immunity should be narrow.” Ashelman v. Pope, 793 F.2d 1072, 1078 (9th 27 Cir. 1986) (citing Adams v. … However, Plaintiff did file an objection which was considered and found to be 18 without merit because he failed to “set[ ] forth reasons that the case does not qualify as a 19 related case under these rules.” S.D.

United States v. Guess

390 F. Supp. 2d 979 · District Court, S.D. California · Jul 1, 2005

P & A 3:3-10 (the Foundation represents it is “a charitable foundation qualified under section 501(c)(3) of the Internal Revenue Code and exempt from taxation under section 501(a) of such Code,” qualifying it as a “party” … massive interference through a preliminary injunction: In short, the undisputed evidence available to the United States before it filed suit, and the evidence presented to the Court at the December 3, 2004 hearing, showed clearly

CITIZENS LEGAL ENFORCEMENT & RESTORATION v. Connor

762 F. Supp. 2d 1214 · District Court, S.D. California · Jan 11, 2011

Forni is indeed qualified based on his practical experience. (PL’s Reply ISO PVID MSJ 9.) It points to Mr. … First, the allegations in Plaintiffs complaint quite clearly regard the original Cibola Cut construction and design. (See Compl. ¶¶ 48-50.)

Green v. Kijakazi

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

Plaintiff qualifies to proceed 10 without paying the initial filing fee, and her complaint states a claim for relief. … “[T]o survive the Court’s § 1915(e) screening,” a plaintiff must (1) “establish 8 that she has exhausted her administrative remedies pursuant to 42 U.S.C. § 405(g), and that 9 the civil action was commenced within

Kearney v. Foley and Lardner

553 F. Supp. 2d 1178 · District Court, S.D. California · Mar 14, 2008

All expenses incurred on common issues of fact and law qualify for an award of attorneys’ fees under the anti-SLAPP statute and those fees need not be apportioned. … Under the Noerr-Pennington doctrine, those who petition any department of the government for redress are generally immune from statutory liability for their petitioning conduct. Empress LLC v.

Turner v. Kijakazi

District Court, S.D. California · May 17, 2022

Plaintiff qualifies to proceed without 17 paying the initial filing fee, and his complaint states a claim for relief. … “[T]o 13 survive the Court’s § 1915(e) screening,” a plaintiff must (1) “establish that she has 14 exhausted her administrative remedies pursuant to 42 U.S.C. § 405(g), and that the civil 15 action was commenced within

Johnson v. Allison

District Court, S.D. California · Apr 26, 2022

The focus of inquiry under the “contrary to” clause is “whether the state 24 court’s application of clearly established federal law is objectively unreasonable.” … “[S]o long as neither the reasoning nor the result of 7 the state-court decision contradicts [Supreme Court precedent],” the state court’s decision 8 will not be “contrary to clearly established Federal law.”

Spivey v. Kijakazi

District Court, S.D. California · Apr 4, 2022

Plaintiff qualifies to proceed 10 without paying the initial filing fee, and her complaint states a claim for relief. … “[T]o survive the Court’s § 1915(e) screening,” a plaintiff must (1) “establish 8 that she has exhausted her administrative remedies pursuant to 42 U.S.C. § 405(g), and that 9 the civil action was commenced within