Case law

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

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

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.

Industrial Truck Ass'n, Inc. v. Henry

909 F. Supp. 1368 · District Court, S.D. California · Jun 21, 1995

Federal regulations can deprive the states of the states’ traditional power to regulate health and safety only when Congress clearly establishes that the federal regulations preempt state law. … First, the above-cited language qualifies as nothing more than dicta.

Gonzales v. Garcia

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

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

Clover v. Camp Pendleton & Quantico Housing LLC

District Court, S.D. California · Mar 4, 2023

Plaintiffs’ lease 18 agreement neither trumps nor supersedes established federal law. … Where the contractor exercises discretion, however, it is not 12 immune. Id.

Greenfield MHP Associates, L.P. v. Ametek, Inc.

145 F. Supp. 3d 1000 · District Court, S.D. California · Nov 18, 2015

Even assuming that Senior is a bona fide purchaser, 42 U.S.C. § 9607 provides immunity only from CERCLA liability for bona fide purchasers. … Moreover, the court went on to find' that the creation of a public nuisance qualified as tortious conduct for the purposes of the plaintiff's trespass claim.

Kocontes v. Guimbaolibot

District Court, S.D. California · Jan 3, 2025

Kocontes has thus established 12 an inability to prepay the required filing fee, and the Court grants his IFP motion. … to abrogate a State’s Eleventh Amendment immunity.”

Bowman

District Court, S.D. California · Apr 13, 2026

The 3 ||inability to obtain favorable relief through state appellate review does not establish the 4 || inadequacy of the state forum or warrant federal intervention. … at 432 (“Where vital state interests are involved, a federal court 6 || should abstain “unless state law clearly bars the interposition of the constitutional □□□□□□□□ 7 ||(quoting Moore, 442 U.S. at 426 (1979

Kahin v. United States

101 F. Supp. 2d 1299 · District Court, S.D. California · May 2, 2000

Specifically, the Food Stamp Program operates by augmenting the food purchasing powering of low-income families; qualifying households are allotted a certain amount of “coupons” which can be redeemed at participating food … While it is true that there are no published opinions which rely primarily on evidence generated from EBT data, the statute clearly intended that EBT data be *1304 used for this purpose.

Thies v. Law Offices of William A. Wyman

969 F. Supp. 604 · District Court, S.D. California · Jul 23, 1997

Citing the legislative history of the FDCPA to support its position, the Seventh Circuit stated that “[e]arly versions of the Act clearly included a credit extension requirement in defining ‘debt’.... … In Newman , the Seventh Circuit held that “assessments ... used to improve or maintain commonly-owned areas ... qualifies as ‘personal, family, or household.’ ” Newman, 1997 WL 375341 at *4, 119 F.3d at -.

Securities & Exchange Commission v. Schooler

106 F. Supp. 3d 1157 · District Court, S.D. California · May 19, 2015

This is clearly not solicitation or advertising by Western since Western is being contacted *1168 by the investor rather than the other way around. v. … Deducting twice for property values would amount to a sort of double recovery for Defendants and would clearly be inequitable.

Taylor v. California Department of Corrections

District Court, S.D. California · Mar 16, 2023

Delatoore, 281 12 F.3d 844, 847 (9th Cir. 2002). 13 To qualify, Section 1915(a)(2) requires prisoners seeking leave to proceed IFP to 14 submit a “certified copy of the … ALL PAYMENTS 25 MUST BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO 26 HIS ACTION; 27 3.

Meyer v. United States

244 F. Supp. 103 · District Court, S.D. California · Jul 8, 1965

For the Court has shown that the mere absence of a legal or moral obligation to make such a payment does not establish that it is a gift. Old Colony Trust Co. v. … The evidence was such as to establish the absence of such need. No finding was made as to whether there was a plan or practice for the making of payments to widows of deceased employees.

Baker v. Roman Catholic Archdiocese of San Diego

197 F. Supp. 3d 1210 · District Court, S.D. California · Jun 23, 2016

The evaluations noted several areas for improvement: For example, “Need to clearly identify purpose, .goals of each day’s lesson;” “Inadequate time for homework assignment;” “Work more effectively with administrators;” “Prepare … The elements of a disability discrimination claim under the ADA are (1) the claimant has a disability (as defined in 42 U.S.C. § 12102 (2)), (2) the claimant is qualified to perform the essential function of the job, (3)

J. Allen Ramey, M.D., Inc. v. Pacific Foundation for Medical Care

999 F. Supp. 1355 · District Court, S.D. California · Apr 6, 1998

The definition does not include other injuries directly caused by acts clearly prohibited by the antitrust laws. … The Supreme Court wrote that an injury, “although causally related to an antitrust violation, nevertheless will not qualify as antitrust injury unless it is attributable to an anti-competitive aspect of the practice under

Border Power Plant Working Group v. Department of Energy

467 F. Supp. 2d 1040 · District Court, S.D. California · Nov 30, 2006

Nonetheless, certain paragraphs of the First Powers Declaration clearly do not fall within any of the established exceptions to the rule against extra-record evidence. … Nonetheless, certain paragraphs of the Simoes Declaration clearly do not fall within any of the established exceptions to the rule against extra-record evidence.

Moore v. Pacific View Apartments Carlsbad LLC

District Court, S.D. California · Apr 24, 2024

9th Cir. 2003). 28 1 malicious, fail[s] to state a claim upon which relief may be granted, or seek[s] monetary 2 relief from a defendant immune … To proceed with an action in federal court, a 22 plaintiff must establish that the court has subject matter jurisdiction. Id.

Ferguson v. Hittle

District Court, S.D. California · Oct 26, 2023

“To establish § 1983 liability, a plaintiff must show 12 both (1) deprivation of a right secured by the Constitution and laws of the United States, 13 and (2) that the deprivation was committed by a person acting under … Ferguson has failed to allege any facts to 24 support his claim that these Defendants were state actors and in fact, he clearly alleges that 25 they were acting as tribal officials enforcing tribal laws.

Springfield v. United States

873 F. Supp. 1403 · District Court, S.D. California · Dec 9, 1994

Clearly, the Employment Tax Examination Changes Reports provided to plaintiff in December of 1989, identified the need to file a form W-2 for the subject salespeople and extended time for compliance. … It is also insufficient to qualify him for Section 530 relief given Mr.