Case law
Opinions from 1658 to today.
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Lema v. The Board of Trustees of the California State University System
District Court, S.D. California · May 17, 2023
Plaintiff, as the party seeking to invoke 17 jurisdiction, has the burden of establishing that jurisdiction exists. … (Compl. at ¶ 63). 3 Plaintiff’s allegations rests on the premise that Mintz’s email “clearly indicated to 4 [Plaintiff] that there existed evidence that he has participated in hazing . . .
Cited 0 timesUnknownDistrict Court, S.D. California · Aug 19, 2026
. § 1915(a) 18 and dismiss any case it finds “frivolous or malicious,” “fails to state a claim on which relief 19 may be granted,” or “seeks monetary relief against a defendant who is immune from relief.” 20 28 U.S.C … To proceed with an action in federal court, a plaintiff 27 must establish that the court has subject matter jurisdiction.
Cited 0 timesUnknownDistrict Court, S.D. California · Oct 23, 2020
The 3 events took place at San Ysidro Health Center, a federally qualified health center, where 4 Plaintiff claims Dr. … The party asserting subject 27 matter jurisdiction has the burden of persuasion for establishing it. Hertz Corp. v. Friend, 28 559 U.S. 77, 96 (2010).
Cited 0 timesUnknownDistrict Court, S.D. California · Oct 22, 2020
The events took place 5 at San Ysidro Health Center (“SYHC”), a federally qualified health center, where Plaintiff 6 claims that Dr. … [and] are discretionary acts the discretionary function exception removes from 14 the FTCA’s waiver of sovereign immunity.”
Cited 0 timesUnknownDistrict Court, S.D. California · Oct 23, 2020
The events took place 5 at San Ysidro Health Center (“SYHC”), a federally qualified health center, where Plaintiff 6 claims that Dr. … [and] are discretionary acts the discretionary function exception removes from 14 the FTCA’s waiver of sovereign immunity.”
Cited 0 timesUnknown961 F. Supp. 1350 · District Court, S.D. California · Jan 14, 1997
Central Transp., Inc., 472 U.S. 559, 571-72 , 105 S.Ct. 2833, 2840-41 , 86 L.Ed.2d 447 (1985) (“ERISA clearly assumes that trustees will act to ensure that a plan receives all funds to which it is entitled, so that those … The Baldan Plan itself recognizes that fiduciaries may not immunize themselves from these potential liabilities.
Cited 2 timesPublishedMT v. United States of America
District Court, S.D. California · Mar 10, 2023
Because the individual Defendants are immune from suit pursuant 24 to the FTCA, the Court does not reach the issue of qualified immunity. 25 A. … Because the Bivens claim is dismissed, the Court 5 ||DENIES as moot Defendants’ Motion to Dismiss the claim on qualified immunity 6 || grounds.
Cited 0 timesUnknown291 F.R.D. 493 · District Court, S.D. California · Jul 30, 2013
Likewise, under the CLRA, “[cjausation, on a classwide basis, may be established by materiality. … Accordingly, the Court finds that class action is clearly superior to ensure a fair and efficient adjudication of the present action. III.
Cited 49 timesPublishedWalter Sayles v. Department of Correction, Chief Warden, AW Warden, CDCR ISU
District Court, S.D. California · Mar 19, 2026
In short, while 11 prisoners may qualify to proceed IFP without having to pay the full statutory filing upfront, 12 they remain obligated to pay the full amount due in monthly payments. … All payments must clearly identify the name and case number 2 || assigned to this action. 3 3.
Cited 0 timesUnknownUnited States v. Southern Pac. Co.
230 F. 270 · District Court, S.D. California · Feb 14, 1916
C.) 28 Fed. 299 , and on the authority of this case we are asked to reconsider the rule, as long established in this circuit. … This sentence of Judge Ross indicates most clearly that he did not approve of the reasoning of Judge Sawyer in the cases aforesaid, and it is thought that this expression justifies the court in considering the question an
Cited 15 timesPublished433 F. Supp. 2d 1150 · District Court, S.D. California · May 4, 2006
Under ADAAG requirements, the existing path of travel exceeds a five percent slope in the direction of travel, and qualifies as a ramp which would require guard rails and an adjustment to the slope. … The district court explained “[although the actual cost *1169 of relocating the parking space would just involve restriping the parking area, the ... problems clearly outweigh the benefits of this modification.”
Cited 33 timesPublished358 F. Supp. 2d 955 · District Court, S.D. California · Feb 14, 2005
In the FAC, Plaintiff clearly indicates an intent to sue all Defendants in both their individual and official capacities. See FAC at 2-3. … However, Plaintiff has not established any actual injury resulting from the alleged acts of the Defendants.
Cited 1 timesPublishedDistrict Court, S.D. California · Feb 25, 2020
Waiver of Sovereign Immunity for Count IV 21 RAJMP relies upon Cardwell v. Kurtz, 765 F.2d 776 (9th Cir. 1985) to establish the 22 court’s equity jurisdiction over Count IV. (Doc. … Further, based 16 on the motion to dismiss, RAJMP clearly cannot establish likelihood of success on the 17 merits and the motion for preliminary injunction would be denied on that basis.
Cited 0 timesUnknown283 F.R.D. 558 · District Court, S.D. California · Oct 5, 2012
Plaintiff Beck-Ellman establishes that the heating pads contain similar omissions. … Accordingly, the Court finds that class action is clearly superior to ensure a fair and efficient adjudication of the present action. III.
Cited 10 timesPublishedDistrict Court, S.D. California · Oct 6, 2020
The 28 events took place at San Ysidro Health Center, a federally qualified health center, where 1 Plaintiff claims Dr. … The party asserting subject 24 matter jurisdiction has the burden of persuasion for establishing it. Hertz Corp. v. Friend, 25 559 U.S. 77, 96 (2010).
Cited 0 timesUnknownRasidescu v. Midland Credit Management, Inc.
435 F. Supp. 2d 1090 · District Court, S.D. California · May 19, 2006
Plaintiff further alleged that he “does not qualify for any loans, or mortgages” and he “does not qualify to get any credit from any financial institutions.” Id. at 2. 2. … establishes jurisdiction.
Cited 12 timesPublishedAllianz Global Risks US Insurance Company v. United States of America
District Court, S.D. California · Apr 28, 2022
App’x 829, 830 (9th Cir. 2013) (“The United States is immune from 8 suit unless it has expressly waived its sovereign immunity by consenting to be sued[.]”). 9 The United States’ consent to suit is a prerequisite for … Sullivan, 28 1 clearly communicate that the purpose of the reference is to incorporate the referenced 2 material into the contract.”
Cited 0 timesUnknownMackey v. People of the State of California
District Court, S.D. California · Aug 18, 2020
Id. 28 1 currently qualify as a ‘prisoner’ as defined by 28 U.S.C. § 1915(h), and the filing fee 2 provisions of 28 U.S.C. § 1915(b) do not appear … Waco, 502 U.S. 9, 9-10 (1991)). 9 Although Plaintiff alleges that the Defendant Judges acted erroneously or even 10 maliciously, he does not allege that they took any non-judicial actions or acted clearly 11 outside
Cited 0 timesUnknownValles v. Attorney General of the United States
District Court, S.D. California · May 24, 2023
Pursuant to 28 U.S.C. § 1915(g), Valles 27 is no longer qualified. See Rodriguez v. … For a decision to be considered “clearly erroneous” it must 9 be “more than just maybe or probably wrong; it must be dead wrong.” Id.
Cited 0 timesUnknown160 F. Supp. 215 · District Court, S.D. California · Mar 27, 1958
Appeals pointed out: “The record does-not establish that the [Post Office] employment * * * was open only to na *217 tionals of Mexico. … It may be an absolute and permanent obligation, or it may be a qualified and temporary one.
Cited 4 timesPublished
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