Case law

Kennedy v. Hatfield

District Court, S.D. California · Jul 6, 2020

Crane 22 Co., 749 F.3d 1117, 1121 (9th Cir. 2014). 23 “The United States, as a sovereign, is immune from suit unless it has waived its 24 immunity.” Balser v. … 24 be granted “freely” and “when justice so requires,” statutory law and regulations clearly 25 indicate that disputes over attorney’s fees in matters before the Commissioner can only 26 be reviewed by an official

Musgrove v. Hanifin

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

litigant proceeding IFP “shall” be dismissed if the action “(i) is 19 frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) 20 seeks monetary relief against a defendant who is immune … Because the 4AC, despite a liberal reading, fails to establish a connection 19 between the facts and the law, the Court dismisses the FAC. 20 “A pro se litigant must be given leave to amend his or her

Grayton v. O'Malley

District Court, S.D. California · Feb 25, 2025

Circuit found UC Berkley’s former head basketball coach had “a fair chance of proving” a 21 stigma after articles reported he was fired for engaging in “profane and abusive” conduct). 22 Here, Plaintiff fails to clearly … Id. 9 As discussed supra I, Plaintiff has established an inability to afford counsel. 10 However, as demonstrated by the Complaint’s insufficiencies to survive sua

Jenkins v. Johnson

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

In other words, relief is available “if, and only if, it is so 24 obvious that a clearly established rule applies to a given set of facts that there could be no 25 ‘fairminded disagreement’ on the question.” … established federal law.

Marin v. Catano

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

Here, 5 “[b]ecause California has not waived its Eleventh Amendment immunity,” SDSU is 6 immune from suit; accordingly, to the extent Plaintiff seeks to bring federal claims against 7 SDSU, they are frivolous … “Clearly, under § 1983, a 7 plaintiff may sue a state officer in his individual capacity for alleged wrongs committed by 8 the officer in his official capacity.” Price v.

Redlands Foothill Groves v. Jacobs

30 F. Supp. 995 · District Court, S.D. California · Jan 5, 1940

Webster’s New International Dictionary (1937) defines the word: “Define: to mark the limits of; to determine with précision or to exhibit clearly the boundaries of.” … On the contrary, he assumes the special burden of proving his own immunity by a preponderance of evidence.

Securities & Exchange Commission v. Strategic Global Investments, Inc.

262 F. Supp. 3d 1007 · District Court, S.D. California · Apr 17, 2017

, and have a controlling interest in a Retail Marijuana Establishment license, and includes any other Person that qualifies as an Owner pursuant to Rule R 204.” 1 Colo. … Because these four press releases are clearly misleading, the Court need not evaluate the last two press releases. . The Court takes judicial notice of these regulations. See Martinez v.

Riggs v. Madden

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

“To establish § 1983 liability, a plaintiff must show both (1) deprivation 12 of a right secured by the Constitution and laws of the United States, and (2) that the 13 deprivation was committed by a person acting under … California, 83 F.4th 754 11 (9th Cir. 2023) (denying qualified immunity for Eighth Amendment violation where 12 officials were informed of the dangers of transferring prisoners without testing, quarantine, 13

Astorga v. County of San Diego

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

Immunity from Direct Tort Liability 18 The County claims it is immune from suit pursuant to California Government Code 19 sections 815 and 820.2. … Plaintiff 12 explains the FAC “clearly state[s] that the County ‘is liable in respondeat superior for the 13 conduct of’” Deputy Boegler. Id.

Orcasitas v. Ko

District Court, S.D. California · Oct 22, 2021

Instead, Defendant argues that he is entitled to qualified immunity. 27 || See Doc. No. 8-1 at 11. … Defendant’s request for qualified immunity is premature at this stage of the || proceedings and will be better addressed at summary judgment. Therefore, the Court declines to address this issue at this time.

Williams v. San Diego, County of

District Court, S.D. California · Aug 16, 2021

immunity on the privacy claims. … immunity as there was no clearly established constitutional privacy right in juvenile records.

Porter v. Gore

354 F. Supp. 3d 1162 · District Court, S.D. California · Dec 14, 2018

Honking Can Be Expressive Conduct "The First Amendment clearly includes pure speech, but not everything that communicates an idea counts as *1169 'speech' for First Amendment purposes." Anderson v. … What's more, the Court in Pennhurst expressly cautioned against withholding sovereign immunity on the basis of pleading formalities.

Starkey v. United States Department of Interior

238 F. Supp. 2d 1188 · District Court, S.D. California · Nov 15, 2002

Dutschke are not qualified as experts to render an opinion concerning the archaeological resources. Both Mr. Townsend and Ms. … Bellows, establishes that the information is confidential within the meaning of FOIA. R.G.

United States v. Certain Tracts of Land

57 F. Supp. 739 · District Court, S.D. California · Oct 13, 1944

The procedure which is recognized as proper is, for the witness, when found to be qualified to give an opinion as- an expert, to state, first, what is, in his judgment, the market value of the property. De Freitas v. … The Court held that the contract should have been admitted simply as evidence of market value and not as “establishing a fair market value.”

Sanchez-Rivera v. United States

District Court, S.D. California · Sep 6, 2022

(IFP Mot. at 1–3; see Compl. ¶ 1.) 25 Accordingly, the Court concludes Plaintiff has established he is unable to pay the fees or 26 post the securities required to maintain a civil action and, thus, GRANTS the IFP Motion … Although the issue is not a settled one, prison officials and staff “appear to qualify as law enforcement 22 officers within the meaning of the FTCA.” James E.

States v. Bettis

39 F. Supp. 160 · District Court, S.D. California · May 29, 1941

sustained by an employee while in the performance of duty, whether or not *162 disability has arisen, the United States shall furnish to the employee all services, appliances, and supplies prescribed or recommended by duly qualified … The negligence of wrongdoer Dorothy King having been established, it is reasonable to assume that such damages included not only compensation for pain and suffering, but also for medical treatment, hospital accounts, X-rays

In Re West Coast Cabinet Works, Inc.

92 F. Supp. 636 · District Court, S.D. California · Aug 4, 1950

and valid measures for their enforcement, stating, 308 U.S. page 61, 60 S.Ct. page 32: “Clearly, means of permitting such immunity from local laws will not be read into the Bankruptcy Act * * *. … Cases not dealing with mercantile establishments have been cited by counsel for the Board as •follows: Union League Club v.

Thrifty Oil Co. v. Bank of America National Trust & Savings Ass'n (In Re Thrifty Oil Co.)

249 B.R. 537 · District Court, S.D. California · Jun 13, 2000

The legislative history of the Swap Amendments plainly reveals that Congress recognized the growing importance of interest rate swaps and sought to immunize the swap market from the legal risks of bankruptcy. … The Court therefore declines to analyze the policy implications of state usury laws that clearly do not apply to this case. 16 .

Kennedy v. Los Angeles Joint Executive Board of Hotel & Restaurant Employees & Bartenders Unions

192 F. Supp. 339 · District Court, S.D. California · Feb 27, 1961

. § 160(0- The courts have uniformly held that all that this requires is the prima facie establishment of facts from which an inference might be drawn that the charge is true. … The picket signs charged, in substance, that the subcontractor was not performing his work with qualified craftsmen or paying prevailing wages.

Feldman v. O' Malley

District Court, S.D. California · May 31, 2024

A complaint should be dismissed if it is (1) “frivolous or malicious;” (2) 15 “fails to state a claim on which relief may be granted;” or (3) “seeks monetary relief against a 16 defendant who is immune from such relief … Plaintiff states that he resides in San Diego County and that he became 23 disabled on December 1, 2020, but the complaint does not “state the nature of the plaintiff's 24 disability” or clearly state that this matter