Case law

Los Angeles Ry. Corp. v. Railroad Commission of California

29 F.2d 140 · District Court, S.D. California · Sep 10, 1928

Huntington, who at that time owned all of the stock of the company, except a few qualifying shares, the authorized increase was not adopted,, for the reason that Huntington believed-the company could he put in a reasonably … Ed. 176 , the first section of the act contained “an emphatic caution against reading into the act any conditions” not clearly expressed in the act itself.

Jackson v. Truth Seeker Co.

884 F. Supp. 370 · District Court, S.D. California · Nov 21, 1994

(“TSC, Inc.”) and The Truth Seeker, the publication established to spread atheist doctrine throughout the English speaking world. … The plaintiff’s claim was really an effort to get a second bite at the apple; the court of appeals clearly saw the attempt for what it was.

Maleka-Ndandu v. Elite Show Services, Inc.

District Court, S.D. California · Jul 18, 2023

There is no established formula to 14 determine IFP status. Id. at 1235. … As discussed above, the Court finds that Maleka-Ndandu’s 10 financial circumstances do not clearly establish his indigency.

Derum v. Saks & Co.

95 F. Supp. 3d 1221 · District Court, S.D. California · Mar 26, 2015

Rule 201 is a method of establishing facts that are not reasonably subject to dispute, not legal principles. See Fed. … Here, Saks asks the court to consider Peabody for the legal principle it represents, not to establish a fact at issue in this case.

Maldonado v. Fasano

67 F. Supp. 2d 1170 · District Court, S.D. California · May 21, 1999

Of course, the mere repeal of INA § 106(a)(10), standing alone, does not necessarily establish that Congress intended to divest district courts of jurisdiction under § 2241. … However, a challenge to the timing of the Attorney General's decision to commence removal proceedings is absolutely immune from judicial scrutiny under INA § 242(g). American-Amb, 119 S.Ct. at 943-44. 11 .

Doan v. Immigration & Naturalization Service

78 F. Supp. 2d 1101 · District Court, S.D. California · Jan 6, 2000

Such matters are so exclusively entrusted to the political branches as to be largely immune from judicial inquiry or interference.” Shaughnessy v. United States ex rel. … Herren, Assistant Legal Adviser for East Asian and Pacific Affairs, the United States and SRV have made significant strides towards establishing normal diplomatic relations.

Bradford v. Bracamonte

District Court, S.D. California · Dec 4, 2020

Plaintiff does not appear to be seeking damages if he 14 prevails on these claims, and aside from asking the Court to hold that Defendants are not 15 entitled to qualified immunity and that Plaintiff is excused from exhausting … Aside from asking the Court to rule in his favor on two possible 23 future affirmative defenses—qualified immunity and failure to exhaust administrative 24 remedies—Plaintiff’s request for relief seeks only a “mandatory

George v. ALMAGER

674 F. Supp. 2d 1160 · District Court, S.D. California · Sep 24, 2009

Such precedent may also help determine what law is “clearly established.” Id. … of’ that clearly established Federal law.

Ramsey v. Zhang-MD

District Court, S.D. California · Feb 11, 2022

Qualified immunity 16 Defendant claims entitlement to qualified immunity on the basis that Plaintiff does 17 not have a clearly established right to his preferred treatment … Katz, 533 U.S. 194, 201 21 (2001) (“If no constitutional right would have been violated were the allegations 22 established, there is no necessity for further inquiries concerning qualified immunity.”); 23

Anthony

District Court, S.D. California · Jan 26, 2026

ECF No. 34 at 8. 14 The Court therefore granted the County’s motion to dismiss with leave to amend to 15 alleged facts that establish equitable estoppel. … ECF No. 34 at 12–13. 3 - The Court also declined to rule on qualified immunity and whether the County was 4 erroneously sued through the SDSO given the pleading insufficiencies described 5

Aguayo v. U.S. Bank

658 F. Supp. 2d 1226 · District Court, S.D. California · Sep 24, 2009

However, the real question is whether the post-repossession notice qualifies as an “other credit-related document” under section 7.4008(d)(2) (viii). The court in Crespo v. WFS Fin. … The NBA clearly contemplates broad participation by the national banks in lending activities.

Alikhani v. Fasano

70 F. Supp. 2d 1124 · District Court, S.D. California · Jul 19, 1999

To read § 1252(b)(9) as revoking this court’s jurisdiction to review constitutional challenges to collateral aspects of the deportation procedure, and to consequently immunize INS’ implementation of federal immigration laws … The language of the statute clearly refers to discretionary acts taken by the Attorney General.

Battensby v. Zhang

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

The Court does not reach 4 Defendants’ contention they are entitled to qualified immunity.1 5 I. … The Court therefore does not address Defendants’ contention they are 18 entitled to qualified immunity because they did not violate a clearly established 19 constitutional right in replacing Plaintiff’s morphine

Gonzales v. Garcia

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

immunity. … Defendant also argues that she is entitled to qualified 21 immunity.

Pina v. Sacuan Security and Police

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

Delatoore, 281 17 F.3d 844, 847 (9th Cir. 2002). 18 To qualify, section 1915(a)(2) requires prisoners seeking leave to proceed IFP to 19 submit a “certified copy of the … ALL PAYMENTS MUST BE CLEARLY 10 IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 11 3. DIRECTS the Clerk of the Court to serve a copy of this Order by U.S.

Morton v. County of San Diego

District Court, S.D. California · Jan 10, 2022

immunity. … Thus, the Court DENIES County Defendants’ request for qualified immunity without 28 1 B.

In re Morse

237 F. Supp. 579 · District Court, S.D. California · Sep 29, 1964

In re Mapes was expressly overruled to the extent inconsistent, thereby not challenging the validity of the Mapes declaration as head of a family, but only as qualifying for the *588 lesser protection. … Bank, 148 Cal. 157 , 82 P. 768 (1905), is the one case which is clearly out of line with other decisions.

Parker v. City of San Diego

District Court, S.D. California · May 30, 2025

wrongfully caused the 14 charges to be filed.”6 Awabdy, 368 F.3d at 1066 (citation omitted). 15 Despite construing Plaintiff’s SAC liberally, Hebbe, 627 F.3d at 342, it is beyond 16 doubt that Plaintiff cannot establish … immunity and the City’s alternative arguments that Does 21-50 are entitled to prosecutorial or qualified immunity. 27 9 Plaintiff refers

A.B. v. County of San Diego

District Court, S.D. California · Jul 31, 2020

the conduct at issue was “in accordance with the law” or consistent 11 with “clearly established law.” … the conduct was 17 performed.5 Defendants’ argue that Martin’s reference to “clearly established law” is 18 permissible because Martin does not analyze case law, argue that the clearly established 19 law was at the

(PC) Riley v. Kernan

District Court, S.D. California · Apr 15, 2022

immunity 2 defense. … immunity.