Case law

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.

Herlickman v. Saul

District Court, S.D. California · Dec 30, 2019

While plaintiff qualifies to 17 proceed without paying the initial filing fee, her complaint fails to state a claim for relief. 18 So, the Court grants plaintiff’s IFP motion but dismisses the complaint without prejudice … “[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

In re Alco International Group, Inc.

158 F.R.D. 152 · District Court, S.D. California · Jun 28, 1994

Whether or not the Class numbers in the hundreds or in the thousands, joinder is clearly impractical where a large group of people, dispersed all across the country, are *154 involved. Lubin v. … Adequacy Defendants have not challenged that plaintiffs will fairly and adequately protect the interest of the absent members or that the plaintiffs attorneys are qualified and experienced in securities litigation.

Masterson v. Saul

District Court, S.D. California · Nov 25, 2019

While plaintiff qualifies to 17 proceed without paying the initial filing fee, her complaint fails to state a claim for relief. 18 So, the Court grants plaintiff’s IFP motion but dismisses the complaint without prejudice … “[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

Nelson v. California Employment Development Department

District Court, S.D. California · Mar 8, 2022

The presumption means that the State has made an 8 initial determination of eligibility and, based on that initial determination and the absence 9 of facts clearly establishing current ineligibility, the State agency … state's immunity.”

Jones v. Social Security Admin

District Court, S.D. California · Dec 5, 2019

While plaintiff qualifies to 18 proceed without paying the initial filing fee, her complaint fails to state a claim for relief. 19 So, the Court grants plaintiff’s IFP motion but dismisses the complaint without prejudice … “[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

Hannonen v. McCloskey

District Court, S.D. California · May 6, 2025

Furthermore, the FAC fails to allege any post- 25 2018 conduct by McCloskey that would qualify as active concealment, a requirement for 26 tolling under the fraudulent concealment doctrine. … The privilege, therefore, immunizes them 8 from all state law claims. 9 In addition to these procedural defects, the FAC suffers from substantive pleading 10 deficiencies

McAdam v. State National Insurance

15 F. Supp. 3d 1009 · District Court, S.D. California · Mar 21, 2014

The “clearly erroneous” standard applies to factual determinations and discretionary decisions. Id. See also Concrete Pipe & Prods. v. Constr. … The privilege “only protects disclosure of communications between the attorney and the client; it does not protect disclosure of underlying facts which may be referenced within a qualifying communication.”

In Re Dudley

72 F. Supp. 943 · District Court, S.D. California · Aug 4, 1947

approving the Trustee’s re-po; i Factually, the conclusion reached by tb>° Referee was based on the fact that the stociv vas purchased about a week before the adjudication, at a time when the bankrupt was “heavily in debt and clearly … And, as there is no showing of actual fraud, the stock is immune against the creditors and never passed to the trustee.

Moore v. Local 569 of International Brotherhood of Electrical Workers

653 F. Supp. 767 · District Court, S.D. California · Feb 12, 1987

Plaintiff Moore alleges he was referred but improperly rejected by the employer even though qualified for the job. … The employers’ established policy was to reject applicants who had narcotics convictions.

Thomas v. Diaz

District Court, S.D. California · Apr 2, 2020

no clearly established 3 United States Supreme Court authority controlling his claims. … established federal law.

Taylor v. Kelety

District Court, S.D. California · May 3, 2021

“It is well established that agencies of the state 9 are immune under the Eleventh Amendment from private damages or suits for injunctive 10 relief brought in federal court.” Sato v. Orange Cty. … It found that engaging 11 in law and motion practice before the probate court “clearly is insufficient to render 12 defendants state actors.” Id.

Ashcroft v. Southern California Permanente Medical Group

District Court, S.D. California · Jan 22, 2025

[Q] Have you ever received a vaccination or immunization as an adult? … No. 22, the Court found Plaintiff’s allegations insufficient to establish a 14 bona fide religious belief. Doc. No. 22 at 7.

Brady v. General Dynamics Corp.

915 F. Supp. 1103 · District Court, S.D. California · Jan 26, 1996

The recreational benefits at issue do not qualify under any of these categories. … However, this Court must remand a case whenever it determines it no longer has jurisdiction over the case, 28 U.S.C. § 1447 (c), and it is clearly established that the Court is not limited to the four comers of the complaint

Ambrose v. Kijakazi

District Court, S.D. California · May 20, 2022

The Court concludes that plaintiff 10 qualifies to proceed without paying the initial filing fee, but his complaint fails to state a 11 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

Four Navy Seals v. Associated Press

413 F. Supp. 2d 1136 · District Court, S.D. California · Jul 12, 2005

Plaintiffs have not clearly pleaded the first element of infringement, ownership of a valid copyright. … In this case, the broader topic of treatment of Iraqi captives by members of the United States military on this matter of public interest qualifies as a public issue.

Alhawari v. Kijakazi

District Court, S.D. California · Apr 14, 2022

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 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

In re Freitas

16 F. Supp. 557 · District Court, S.D. California · Oct 12, 1936

In such instances, the rule established by such cases as Thomas v. … And when such commingling -is shown to exist, the burden is upon the person claiming property as separate property to establish clearly its character as such. See Reid v.

Smith v. Saul

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

While plaintiff qualifies to 17 proceed without paying the initial filing fee, her complaint fails to state a claim for relief. 18 So, the Court grants plaintiff’s IFP motion but dismisses the complaint without prejudice … “[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

Masimo Corp. v. Sotera Wireless, Inc. (In re Sotera Wireless, Inc.)

591 B.R. 453 · District Court, S.D. California · Sep 11, 2018

The Bankruptcy Court's Consideration Of Whether Information Was "Readily Ascertainable" For its first issue on appeal, Masimo argues that the Bankruptcy Court, in determining whether information qualified as a trade secret … While the Bankruptcy Court articulated skepticism that "four breaths per minute" qualified as a trade secret, it never made such an affirmative finding. (ER 139).