Case law

Takacs v. AG Edwards and Sons, Inc.

444 F. Supp. 2d 1100 · District Court, S.D. California · Aug 2, 2006

Defendant’s arguments, therefore, regarding its business qualifying as a “retail or service establishment” is unpersuasive. … The parties clearly disagree as to whether the time extension costs, magazine subscriptions, advertisement costs and bonuses to support staff are “necessary” under § 2802.

Matter of Extradition of Mainero

990 F. Supp. 1208 · District Court, S.D. California · Dec 19, 1997

There is no indication of any coercion or duress, and in fact, Miranda is given “use immunity” with regard to the statement. … As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect.

Ashford

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

(See id. at 4.) 15 Related to the denial of the stay, Plaintiff alleges “CCP § 1176 was passed and installed 16 ordering that appeals to the federal court are not enforceable and should not be recognized 17 which clearly … A complaint is also “frivolous” if it “fails to establish subject 15 matter jurisdiction or standing.” L.R. v. Mueller, No. 23-CV-03421-PHK, 2025 WL 16 1635505, at *2 (N.D. Cal.

Munoz v. Saul

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

Plaintiff qualifies to proceed 13 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 10 that she has exhausted her administrative remedies pursuant to 42 U.S.C. § 405(g), and that 11 the civil action was commenced within sixty

Simmons v. Modly

District Court, S.D. California · Aug 18, 2020

To 3 establish a prime facie case for disparate treatment under Title VII, a plaintiff must show 4 that “(1) he belongs to a protected class; (2) he was qualified for the position; (3) he was 5 subject to an adverse … As a 23 sovereign, the United States is immune from suit unless it has “unequivocally expressed” 24 a waiver of such immunity and consented to be sued. Gilbert v.

Greer v. County of San Diego

District Court, S.D. California · Oct 24, 2019

Third, Defendants contend that they 7 are immune from Plaintiff’s state law claim for negligence. … 10 § 845.2 they are immune from liability.

Ahrari v. Kijakazi

District Court, S.D. California · Oct 7, 2020

Plaintiff qualifies to proceed 17 without paying the filing fee and initial review of the complaint shows it states a claim for 18 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

Jones v. Stephan

District Court, S.D. California · Aug 21, 2024

Thus, while prisoners may 9 qualify to proceed IFP without having to pay the statutory filing fee in one lump sum, they 10 nevertheless remain obligated to pay the full amount due in monthly payments. … “To establish § 1983 liability, a plaintiff must show both 13 (1) deprivation of a right secured by the Constitution and laws of the United States, and 14 (2) that the deprivation was committed by a person acting

Kakadelas v. Kijakazi

District Court, S.D. California · Aug 17, 2021

Plaintiff qualifies to proceed 10 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 sixty

Reichman v. Poshmark, Inc.

267 F. Supp. 3d 1278 · District Court, S.D. California · Jan 3, 2017

Plaintiff alleges Defendant “does not clearly and conspicuously inform users that it will send a text message to everyone on the Contacts list in their mobile phone.” (Compl. ¶ 17.) … To have standing to bring a claim under the UCL, a plaintiff must “(1) establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury; and (2) show that economic injury

Glenn ex rel. Glenn v. United States

129 F. Supp. 914 · District Court, S.D. California · Mar 30, 1955

Criticism has been appropriately directed at the moribund' doctrine of sovereign immunity from suits, and the courts should take into account the disfavor Congress has evidenced toward' it by the enactment of the Federal … UNITED STATES Cite as 129 F.Supp. 914 It is an established rule of construction that a statute should be construed as a whole, or in its entirety. United States v.

Morales-Alfaro v. CoreCivic, Inc.

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

, the United States and its agencies enjoy sovereign 23 immunity from suit. … Because the complaint does not allege 28 waiver of sovereign immunity for the Department of Homeland Security or any of 1 the officers — all of whom are sued in their official capacities — the complaint fails 2 to establish

In Re Cameron

166 F. Supp. 400 · District Court, S.D. California · Oct 1, 1958

It deprived tax claims of their former immunity from destruction through failure to observe the statutory period of proof as provided in § 57 [sub.] n. … If the first statute is nullified by an established lien, why is not the second?

Baker v. Saul

District Court, S.D. California · May 24, 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

United States v. Devil's Den Consol. Oil Co.

236 F. 973 · District Court, S.D. California · Oct 4, 1916

Where the necessary steps are taken by a qualified applicant to obtain a patent to mining land, and no adverse claim has been filed, the applicant becomes vested with the equitable title and a prima facie right to a patent … The United States is passive; it opposes no resistance to the establishment of the claim, and makes no issue on the statement of the claimant.

Yeargan v. Kijakazi

District Court, S.D. California · Apr 28, 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 sixty

Thomas v. Hill

District Court, S.D. California · Jan 27, 2025

Samuels, 1 577 U.S. 82, 84 (2016). 2 To proceed IFP, plaintiffs must establish their inability to pay by filing an affidavit 3 regarding their income and assets … All payments must clearly identify 24 the name and case number assigned to this action. 25 3.

Luna v. Star of India

356 F. Supp. 59 · District Court, S.D. California · Mar 8, 1973

Stewart added the following footnote: “Of course, under the Death on the High Seas Act, a wrongful death action arising out of an airplane crash on the high seas beyond a marine *62 league from the shore of a State may clearly … Barge or Vessel Sonya, 332 F.Supp. 463 (D.Alaska 1971), the issue was whether the plaintiff qualified as a “seaman” for purposes of establishing a valid preferred maritime lien for “wages of the crew of [a] vessel” under

Himes v. Hadjadj

District Court, S.D. California · Mar 5, 2021

to state a claim against Chaplain Hadjadj, because Chaplain Hadjadj had 8 not engaged in any of the conduct that violated Plaintiff’s First and Fourteenth Amendment 9 rights; and (2) Chaplain Hadjadj is entitled to qualified … immunity.

United States v. Paulson

331 F. Supp. 3d 1066 · District Court, S.D. California · Sep 7, 2018

In opposition, Michael Paulson simply states that he is currently not the appointed, qualified, or acting executor. (Doc. No. 134 at 20.) … Here, the Living Trust clearly states that Mr. Paulson as Trustor was authorized to amend the Trust. (Doc. No. 111-4 at 6.) Further it stated that during the Trustor's lifetime and specifically when Mr.