Case law

Shaw v. Macomber

District Court, S.D. California · May 8, 2025

1915A(b), the Court must screen a 17 prisoner’s IFP complaint and sua sponte dismiss it to the extent that it is frivolous, 18 malicious, fails to state a claim, or seeks damages from defendants who are immune … All payments must clearly identify the name and case 5 number assigned to this action. 6 2.

Citizens for Quality Educ. San Diego v. Barrera

333 F. Supp. 3d 1003 · District Court, S.D. California · Sep 25, 2018

"A sectarian benefit that is ancillary to a primary secular purpose may qualify as 'incidental' if the benefit is available on an equal basis to those with sectarian and those with secular objectives." Id. … Balance of Hardships and Public Interest "To qualify for injunctive relief, the plaintiffs must establish that 'the balance of the equities tips in [their] favor.' " Stormans, Inc. v.

Victorino v. FCA US LLC

322 F.R.D. 403 · District Court, S.D. California · Jul 25, 2017

The Rules of Professional Conduct 3-510 states that “all” settlement offers must be communicated without providing a qualifier that the offer must be a valid or conflict free one. … A review of the deposition transcript does not clearly indicate that class counsel misrepresented issues concerning Tavitian’s vehicle.

Matter of Extradition of Valdez-Mainero

3 F. Supp. 2d 1112 · District Court, S.D. California · May 8, 1998

Article 84, Section I of the Mexican Federal Law on Firearms and Explosives is clearly a “law relating to prohibited weapons, and the control of firearms.” 2. … In response to this argument, the government notes that § 925(d) provides that in certain circumstances, the Secretary of the Treasury shall authorize importation of a firearm, and maintains that Valdez would not qualify

Mohsenzadeh v. Kelly

276 F. Supp. 3d 1007 · District Court, S.D. California · Sep 6, 2017

Plaintiff’s counsel has since qualified his admission by referring to the organization as "a Mojahedin student group in Iran." (Opp’n at 3 & n.1; see also Defs’ Ex. at 44-45.) . … Section 1651(a) establishes the authority of federal courts to issue writs: “The Supreme Court and all courts established by Act of Congress may issue all writs 'necessary or appropriate in aid of respective jurisdictions

Harris v. County of San Diego

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

Wright’s and RCHSD’s absolute immunity remain intact. Cal. … It is a well-established principle that a court “may look to prior pleadings in determining the 28 plausibility of an amended complaint.” Royal Primo Corp. v. Whitewater W.

McLandrich v. Southern California Edison Co.

917 F. Supp. 723 · District Court, S.D. California · Feb 16, 1996

Accordingly, in this motion the Court will address only SDGE’s arguments bearing on whether it qualifies as a “joint employer.” … Moreover, the parties clearly contemplated the need to obtain separate worker’s compensation insurance for their own employees.

Martinez v. Rocha

District Court, S.D. California · Feb 24, 2025

TRUJILLO, FROM IMMUNE DEFENDANTS 17 Defendants. … All payments must clearly identify the name and case number 18 assigned to this action. 19 3.

Bee, Denning, Inc. v. Capital Alliance Group

310 F.R.D. 614 · District Court, S.D. California · Sep 24, 2015

Furthermore, to the extent that a number listed on one of the fax advertisements was dialed by a person in error, that person will not qualify as a class member because the class is ultimately defined as persons who were … Plaintiffs’ evidence is clearly sufficient to establish commonality.

Randy Matthew Cordero v. California Department of Corrections and Rehabilitation

District Court, S.D. California · Nov 4, 2021

A state may waive immunity to such suits, but “[i]n the absence 10 of a waiver by the state or a valid congressional override, under the Eleventh 11 Amendment, agencies of the state are immune from private damage actions … ALL PAYMENTS MUST BE CLEARLY 22 IDNETIFIED BY THE NAME AND NUMBER ASSIGNED TO HIS ACTION. 23 4.

Adame

District Court, S.D. California · Mar 30, 2026

As such, 19 the Court turns to how the Ninth Circuit has addressed an exception to a waiver of 20 sovereign immunity in the SIAA’s sister statute the Federal Tort Claims Act (“FTCA”). 21 “The FTCA waives sovereign immunity … It merely operates to waive the sovereign immunity of the United States in 3 admiralty suits.”)

Ramirez v. Gutierrez

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

July 24, 2017) (finding all—or nearly all—prisoner 14 claims based upon civil rights violations pursuant to 42 U.S.C. § 1983 involve defenses of 15 qualified immunity and issues of supervisory liability). … Because Plaintiff has not 15 || established the requisite “exceptional circumstances,” the Court declines to appoint counsel at 16 || this time.

Abdullah v. City of San Diego

District Court, S.D. California · Jun 23, 2021

immunity, on which Defendant 28 1 grants the motion for reconsideration, and on reconsideration, grants Defendant’s motion 2 for summary judgment … First, he 12 asserts the Court clearly erred when it found that an Internal Affairs (“IA”) Complaint 13 could serve as the basis for equitable tolling.

Ydigoras

District Court, S.D. California · Dec 2, 2025

(Doc. 1-2 at 54.) 16 He also alleges “damages . . . identified as including emotional distress and the onset of 17 stress induced auto immune dysfunction with Elias score of 43 when anything above 25 is 18 precursor … Because Plaintiff has not plausibly pled a violation of the 21 ADA, he must establish that Defendant denied him access to a business establishment 22 based on intentional discrimination.

Atchison, Topeka & Santa Fe Railway Co. v. United States

238 F. Supp. 528 · District Court, S.D. California · Jan 25, 1965

and set aside agency action, findings, and conclusions found to be (1) .arbitrary, capricious, and abuse of ■discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … The coordination of the two functions of administrative discretion and judicial review requires that the facts upon which the discretion is exercised, and the reasons, be clearly and completely stated.

J.A.M. v. United States of America

District Court, S.D. California · Jul 21, 2022

dismiss into a factual motion by presenting affidavits or other 9 evidence properly brought before the court, the party opposing the motion must furnish 10 affidavits or other evidence necessary to satisfy its burden of establishing … Unfortunately, the evidence that 19 could have resolved this dispute is apparently no longer available. 20 The Court is clearly faced with a genuine issue of material fact.

DaimlerChrysler AG v. Feuling Advanced Technologies, Inc.

276 F. Supp. 2d 1054 · District Court, S.D. California · Jul 25, 2003

Pri- or to filing an assertion of entitlement to small entity status, “[i]t should be determined that all parties holding rights in the invention qualify for small entity status.” Id. at (f). … In any event, the photocopies of the alleged Honda engine clearly are not cumulative to the information disclosed by the Suzuki patent. b.

Collier

District Court, S.D. California · May 27, 2026

“To establish § 1983 liability, a 16 plaintiff must show both (1) deprivation of a right secured by the Constitution and laws of 17 the United States, and (2) that the deprivation was committed by a person acting under … Plaintiff argues that he was denied a state created liberty interest 11 in parole consideration protected by federal due process because “[i]n order for a 12 conviction to qualify as a violent crime it must

Gravesbey v. Byrd-Hunt

District Court, S.D. California · Sep 23, 2019

Byrd-Hunt contends Plaintiff fails to state cognizable 21 claims for relief and argues entitlement to a qualified immunity defense. (Doc. 12, at 5-8.) 22 C. … 23 ||immunity defense.

United States v. Eramdjian

155 F. Supp. 914 · District Court, S.D. California · Oct 7, 1957

This, read with the rest of the Act speaks clearly of the purpose of the Act and the classification contained therein. 7. … The language used is adequate — not uncertain and clearly identifies the class of persons set up by the statute.