Case law

Holestine v. R.J. Donovan Correctional Facility

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

Congress’s 21 “abrogation of the states’ Eleventh Amendment immunity from suit under the ADA and 22 RA similarly precludes assertion of immunity by state officials sued in their official 23 capacity.” … All Plaintiff has alleged is that Defendants established 3 criteria that must be met before an inmate may enroll in a correspondence course.

Dicks

District Court, S.D. California · Nov 13, 2025

The Court explained that Congress’ waiver 8 of sovereign immunity for refund claims was limited, and did not alter the established 9 principle that a taxpayer must “pay first and litigate later.” Id. … Additionally, unpaid taxes that are 3 deferred do not qualify as full-payment under Flora.

Ochikubo v. Bonesteel

60 F. Supp. 916 · District Court, S.D. California · Jun 1, 1945

Then certainly there is qualified martial law to that extent, but to that extent only. … Clearly Executive Order 9066 and Law 503 contemplate and are designed to vest a vast power of decision in the Military Commander, but they also clearly contemplate that the power to enforce such decisions shall he limited

Memjet Technology Limited v. Vanguard Graphics International, LLC

District Court, S.D. California · Apr 1, 2025

This does not qualify as restitution, however. … Based on the well- 5 established principles drawing the line between damages and restitution, these restorative 6 advertising costs do not qualify as something defendant must give back to plaintiff for 7 something

Musgrove v. Curiel

District Court, S.D. California · Apr 5, 2024

July 11 1, 2022) (“Unlike the judicial immunity available to state judges or state judicial officers 12 sued under Section 1983, a federal judge’s immunity is not limited to immunity from 13 damages and extends to actions … judicial 21 proceeding, while clearly improper, nevertheless does not pierce the immunity extended to 22 judges.”

United States v. Shaver

566 F. Supp. 2d 1192 · District Court, S.D. California · Jul 11, 2008

However, in cases where the witness is in similar circumstances as found in this case, it is clearly unwise to do so. … When attempting to establish relevance, the government “must articulate precisely the evidential hypothesis by which a fact consequence may be inferred from the other acts evidence.” United States v.

In re F. P. Newport Corp.

194 F. Supp. 757 · District Court, S.D. California · May 24, 1961

Probate of the Will was granted to petitioner Lloyds Bank Limited on March 19, 1947, out of the Principal Probate Registry of the High Court of England, and the Lloyds Bank Limited ever since has been and still is the qualified … But there is nothing in the record and the extensive correspondence, certified by the Referee in his “Supplement”, which could be legally construed as establishing an estoppel against the trustee or the executor of the Will

Cejas v. Brown`

District Court, S.D. California · Mar 2, 2021

immunity. 3 On July 24, 2020, Plaintiff filed an Opposition to the Motion for Summary 4 Judgment. … immunity because “[t]here 17 was no clearly established law at the time of Defendants’ actions holding that failing to 18 accommodate Plaintiff’s religious practices in the manner and to the extent at issue here 19

United States v. Shaver

607 F. Supp. 2d 1168 · District Court, S.D. California · Apr 3, 2009

However, in cases where the witness is in similar circumstances as found in this case, it is clearly unwise to do so. … When attempting to establish relevance, the government “must articulate precisely the evidential hypothesis by which a fact consequence may be inferred from the other acts evidence.” United States v.

Marlatt v. Mergenthaler Linotype Co.

70 F. Supp. 426 · District Court, S.D. California · Feb 27, 1947

The above motion to dismiss was heard on the pleadings and affidavits filed by the parties; the affidavit filed by plaintiff contained some statements which were clearly hearsay, and which were not supported by direct testimony … Defendant is qualified to do business as a foreign corporation in California, and has designated an agent for service of process upon the Company, the agent being located .in San Francisco, in the Northern District.

Mullally v. Campos

District Court, S.D. California · Jan 18, 2024

To qualify for IFP status, “an affidavit is sufficient which states 17 that one cannot because of his poverty pay or give security for costs . . . and still be able to 18 provide himself and the dependents with the necessities … Under 28 U.S.C. § 1915(e)(2)(B), courts must sua sponte dismiss IFP complaints, 2 or any portions thereof, which are frivolous, malicious, fail to state a claim, or which seek 3 damages from defendants who are immune

In Re Imperial Irr. Dist.

10 F. Supp. 832 · District Court, S.D. California · May 2, 1935

The maximum relief administered by the state is a partial waiver of its immunity against federal action affecting its own governmental action. … The constitution expressly empowers the congress of the United States to establish such laws.

Orcasitas v. Ko

District Court, S.D. California · Dec 7, 2022

8 |}immunity. … Katz, 533 U.S. 194, 201 (2001) (‘If no constitutional night 9 || would have been violated were the allegations established, there is no necessity for 10 || further inquiries concerning qualified immunity.”); County of

Zamora

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

In short, while 23 prisoners may qualify to proceed IFP without having to pay the full statutory filing upfront, 24 they remain obligated to pay the full amount due in monthly payments. … Zamora alleges that this was a “misdiagnosis” and that his 6 symptoms were “clearly connected to Multiple Sclerosis and Von Hippel-Lindau 7 diseases.”

Shamoun v. Republic of Iraq

District Court, S.D. California · Feb 27, 2020

Commission, Embassy, or 26 Republic for the purposes of establishing jurisdiction as to each Defendant. … The employment contract here clearly gives 13 only “the First Party”—the Commission—“the right to take all legal and disciplinary 14 measures.” Doc. No. 19-2 at 52, 60.

Meoli v. American Medical Service of San Diego

287 B.R. 808 · District Court, S.D. California · Jan 9, 2003

Exhibit 128 Is Also Subject to the Work-Product Doctrine The work-product doctrine is a qualified immunity which protects from discovery documents and tangible things prepared by a party or that party's representative in … Therefore, AMS-SD, through the bankruptcy trustee, has clearly also waived its work-product privilege with regard to Exhibit 128. C.

Hammes Co. Healthcare, LLC v. Tri-City Healthcare District

801 F. Supp. 2d 1023 · District Court, S.D. California · Jul 11, 2011

The provision expressly prohibited HC from commencing construction unless it had entered into leases with qualified medical tenants covering at least 70% of the rentable square feet of the medical office building. … Clearly Tri-City did not do the former, as Tri-City and HC subsequently reached a final, binding agreement embodied in the ground lease. Nor did Tri-City do the latter.

United States v. Edwards

14 F. Supp. 384 · District Court, S.D. California · Apr 4, 1936

of means of eliminating the surplus, and the establishment of reserve pools. … As an exclusive power, its exercise may not be limited, qualified, or impeded to any extent by state action” (Italics added.)

Sussman v. San Diego Police Dept.

District Court, S.D. California · Mar 30, 2022

against them on grounds of judicial immunity, 18 || prosecutorial immunity, and state immunity, respectively. … “Once service is challenged, plaintiff[] bear[s] the burden of establishing 9 ||that service was valid under Rule 4.” Brockmeyer v. May, 383 F.3d 798, 801 (9th Cir. 10 || 2004).

Service Employees International Union, Local 102 v. County of San Diego

784 F. Supp. 1503 · District Court, S.D. California · Feb 11, 1992

These sections indicate that Congress clearly contemplated an award of money, not time off. Moreover, the provision in Ford v. … In this case, clearly up until March 8, 1991, plaintiffs were subject to being docked for absences of less than a day.