Case law

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.

United States v. Racich

35 F. Supp. 2d 1206 · District Court, S.D. California · Jan 25, 1999

Moreover, Petitioner clearly understood the penalties. … Petitioner argues that he clearly did not engage in any such “business.”

United States v. Hough

157 F. Supp. 771 · District Court, S.D. California · Dec 16, 1957

Under no theory is the defendant entitled to a decision herein which would result in his freedom from federal custody. “ ‘Sentencing’ is not a ‘game in which a wrong move by the judge means immunity for the prisoner.’ ” In … Shuttleworth, 5 Cir., 200 F.2d 490 , 491: “Assuming that kind of sentence is permissible under 18 U.S.C.A. § 3568 , it clearly was not intended in this ease.” Booth v.

Shears v. United States of America

District Court, S.D. California · Aug 13, 2019

take place outdoors, and does not exclude recreational activities 7 involving artificial structures[,] . . . clambering about on farm equipment is no 8 different in kind from scaling a cliff or climbing a tree” and is “clearly … “Where the exception applies, the United States has not 28 waived its sovereign immunity and we lack subject matter jurisdiction over the 1 claims.”

Ordway v. Metropolitan Life Insurance Co.

634 F. Supp. 2d 1120 · District Court, S.D. California · Aug 21, 2007

record to decide the nature, extent, and effect on the decision-making process of any conflict of interest; the decision on the merits, though, must rest on the administrative record once the conflict (if any) has been established … Local Economy; or 2. after the 24 month period, you are unable to earn more than 80% of your Indexed Predisability Earnings from any employer in your Local Economy at any gainful occupation for which you are reasonably qualified

Campion v. Old Republic Home Protection Co.

861 F. Supp. 2d 1139 · District Court, S.D. California · Mar 23, 2012

Goods are defined under the CLRA as “tangible chattels,” which the home warranty plans clearly are not. Cal. Civ.Code § 1761(a). … Defendant’s home warranty plans must qualify as services, therefore, in order for the CLRA to apply.

Estate of Nahal Connie Dadkhah v. City of San Diego

District Court, S.D. California · Aug 29, 2025

immunity as to 27 the Doe Employees. … 845, 846, and that Defendant 21 CSD is immune under § 815.2(b).

Munoz v. County of Imperial

510 F. Supp. 879 · District Court, S.D. California · Mar 26, 1981

Clearly, judicial immunity would shield the California courts at all levels from any liability. … The Court found a compelling public interest in the subject matter of the statute as a whole and in preserving the scheme established for review of the regulations. Such factors are not present in this case, however.

Lundstrom v. Young

District Court, S.D. California · Nov 15, 2023

) the QDRO did not provide 20 “exact dates” of when the 401(k) was earned, 3) the QDRO was silent as to whether it 21 was issued for child support, alimony or marital property purposes, 4) that 401(k)s 22 might be immune … ERISA has established a 21 checklist procedure for plan administrators to follow when qualifying a QDRO. See 22 U.S.C. 29 §1056(d)(3)(C), (D).

Ochoa v. Hill

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

to establish that policy.” … ALL PAYMENTS MUST CLEARLY 23 IDENTIFY THE NAME AND CASE NUMBER ASSIGNED TO THIS ACTION. 24 3.

Lunetta-Sparr v. I.Q. Data International, Inc.

District Court, S.D. California · Mar 5, 2025

If only a portion or portions of 19 the material on a page qualifies for protection, the Producing Party also must 20 clearly identify the protected portion(s) (e.g., by making appropriate markings 21 … If only a 3 portion or portions of the material on a page qualifies for protection, the Producing 4 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 5 markings in the margins).

American Ground Transportation, Inc. v. The United States Marine Corps. Community Services

District Court, S.D. California · Oct 15, 2019

Two waivers of sovereign immunity 4 are pertinent here. … The Megapulse court further noted that, when examining “competing” 12 jurisdictional bases, the issue is “to determine if the claim so clearly presents a disguised 13 contract action that jurisdiction over the

MacMillan v. Montecito Country Club, Inc.

65 F. Supp. 240 · District Court, S.D. California · Mar 29, 1946

The petitioner alleges, and it is not denied, that he is still qualified to perform the duties of his former position, and asserts that the circumstances of the respondent have not so changed as to make it impossible or unreasonable … attending to both at substantially the same time, no nice inquiry will be made as to which business the servant was actually engaged in when a third person was injured; but the master will be held responsible, unless it clearly

United States v. Hougham

148 F. Supp. 715 · District Court, S.D. California · Jan 18, 1957

action by virtue of the provisions of Section 26(c) of the Surplus ■ Property Act of 1944, repealed and reenacted as Section 209(c) of the Federal Property and Administrative Services Act of 1949, and that the complaint clearly … Defendants contend that the determination by the War Assets Administration, that the veterans in question were qualified to make the purchases at the restricted sales, was a final and conclusive determination.

United States v. Brimager

123 F. Supp. 3d 1246 · District Court, S.D. California · Aug 18, 2015

To succeed, he must establish that “no set of circumstances exists under which the Act would be valid.” Id. … Defendant’s arguments are clearly at odds with United States v.

Ballester v. Finkbeiner

District Court, S.D. California · Jul 8, 2024

California, 384 F.3d 1184, 1188 (9th Cir. 2004) (“It is well 20 established that state judges are entitled to absolute immunity for their judicial acts.”) 21 (citations omitted); Franchesi v. … Schwartz, 57 F.3d 828, 831 (9th Cir. 1995) (finding 22 Commissioner was immune “performing judge-like functions that were not clearly outside 23 the scope of his jurisdiction”) (quotations omitted); see also Ricotta v

Esteghalian v. Department of the Navy

District Court, S.D. California · May 17, 2022

The United States is generally immune from 24 suit, and can only be sued to the extent that it has waived its sovereign immunity. United 25 States v. Orleans, 425 U.S. 807, 814 (1976). … Postal Serv., 447 F.3d 1248, 1250 (9th Cir. 2006). 10 Plaintiffs bear the initial burden of establishing subject matter jurisdiction under the FTCA. 11 Young v.

Engleman v. Commodity Credit Corp.

107 F. Supp. 930 · District Court, S.D. California · Sep 30, 1952

Priority established. … But the fact that the problem has not squarely arisen in the long history of § 3466 and that all of the decisions sustaining the priority were for debts clearly due and owing,' adds force to the clear inferences implicit

Williams v. Pollard

District Court, S.D. California · Nov 9, 2022

This too, falls short of pointing to allegations in the SAC that would plausibly establish 21 their liability for violating Plaintiff’s Eighth Amendment rights. … In granting Defendants’ Motion based on failure to sufficiently allege a 28 constitutional violation, the Court does not rule on Defendants’ alternative argument based on qualified immunity.

Chessman

District Court, S.D. California · Aug 10, 2026

Lockyer, 568 F.3d 1063, 1070 (9th Cir. 2009) 10 (“[S]tate departmental regulations do not establish a federal constitutional violation.”); 11 Case v. … April 22, 2015) (stating there is no clearly established 28 1 grievance procedure”) (citing Ramirez, 334 F.3d at 860) (quotation marks