Case law

Miller v. Berryhill

District Court, S.D. California · Aug 14, 2019

See 42 U.S.C. §§ 423(d)(1)(A), (d)(2)(A). 23 The Commissioner determines whether a claimant qualifies for disability pursuant 24 to a sequential five-step process. … established by medical evidence.”

Cruz v. San Diego County CWS

District Court, S.D. California · Aug 24, 2023

Plaintiff was denied a qualified reader, interpreter, Auxiliary Aids, Adaptive 2 Software after providing letter from SSA/Doctor. … establish 6 her indigency and she alleges she has made diligent efforts to obtain counsel.

Stark v. Stall

District Court, S.D. California · May 18, 2021

In the TAC, Ewing states in 26 a conclusory manner, “Stall and US Global have a contractual relationship that amounts to 27 and qualifies as an agency relationship[.]” (TAC ¶ A.f.) … the Supreme Court ruled on the following two issues unrelated to Ewing’s claim: (1) an 27 unaccepted settlement offer or offer of judgment does not moot a plaintiff’s claim and (2) government contractors only obtain immunity

Hogg-Johnson v. Merz North America

District Court, S.D. California · Nov 19, 2020

Thi 2 || adverse reaction caused a “breakdown of her immunity” and required at least three 3 |jemergency room visits. Id. at 17. … First, the Court must determine whether 22 Federal Government . . . established requirements applicable to [the medical 23 || device].” Jd. at 321.

In Re Casaudoumecq

46 F. Supp. 718 · District Court, S.D. California · Jun 8, 1942

Its purpose was to establish minimum sales prices for the protection of both, the debtor and the bank. … However, there is nothing in the record which clearly overcomes the presumption.

Oliver

District Court, S.D. California · Jul 17, 2026

has rejected it twice now. 8 B. 42 U.S.C. § 1983 Claim (Count One) 9 Plaintiff argues that Defendant, “acting under color of state law, deprived Plaintiff 10 of her clearly … But even 16 if she had, the FAC lacks the factual allegations required to establish that Defendant is 17 liable under any of the three Monell theories.

Great Lakes Higher Education Corp. v. Brown (In Re Brown)

99 Daily Journal DAR 10593 · District Court, S.D. California · Jul 29, 1999

In the case at hand, the bankruptcy court did not clearly err in its determinations of fact. … In Cheesman, the bankruptcy court held that the debtor qualified for a discharge of her student loans on the grounds of undue hardship. See Cheesman, 25 F.3d at 360 .

Spencer v. The City of San Diego

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

sua sponte review and dismissal by the Court if it is “(i) frivolous, or 8 malicious; (ii) fails to state a claim upon which relief may be granted; or (iii) seeks 9 monetary relief against a defendant who is immune … Enters., LLC, 18 888 F.3d 1101, 1104 (9th Cir. 2018) (requiring plaintiff to exhaust administrative remedies 19 prior to bringing a lawsuit “by filing a charge with the Equal Opportunity Commission 20 (‘EEOC’) or a qualifying

Steinmeyer v. Laboratory Corporation of America Holdings

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

.3d 832, 839 n.7 (9th Cir. 2001), except that a court may only issue a 12 TRO “without written or oral notice to the adverse party or its attorney” when (1) “specific 13 facts in an affidavit or a verified complaint clearly … DISCUSSION 26 “Plaintiffs must establish that irreparable harm is likely, not just possible, in order to 27 obtain a preliminary injunction.” Id. at 1131.

Guerrero v. SDPD Carmel Valley

District Court, S.D. California · Aug 22, 2023

Guerrero qualifies to proceed without paying the fee, and her 11 complaint states a claim as to at least one cause of action. … Cnty. of L.A., 833 F.3d 1060, 1073 (9th Cir. 2016) 13 (noting that municipalities cannot be held liable for their agents’ actions and that “[i]n order 14 to establish municipal liability, a plaintiff must show that a

Merritt v. Kijakazi

District Court, S.D. California · Feb 1, 2023

A complaint should be dismissed if it is (1) “frivolous or malicious;” (2) 14 “fails to state a claim on which relief may be granted;” or (3) “seeks monetary relief against a 15 defendant who is immune from such relief … Plaintiff clearly states his disagreement with the determination 27 made by the Social Security Administration by arguing that 1 the ALJ’s decision is not supported by substantial evidence

In Re DOT Hill Systems Corp. Securities Litigation

594 F. Supp. 2d 1150 · District Court, S.D. California · Sep 2, 2008

Silicon Graphics, 183 F.3d 970 at 985 ; In re Immune Response Sec. Litig., 375 F.Supp.2d 983, 1023 (S.D.Cal.2005). … Indeed, the allegations are not even close to providing the “specific facts” necessary to establish scienter.

Araujo v. Coachella Valley Water District

District Court, S.D. California · Feb 19, 2021

Plaintiffs allege Defendant Gonzalez recklessly sped into an uncontrolled 8 intersection, with no stop signs, for which the vehicle in which decedents were passengers, 9 a Hyundai, had already established the … Id. 23 Furthermore, supervisor defendants are entitled to qualified immunity where the 24 allegations against them are simply “bald” or “conclusory” because such allegations do not 25 “plausibly” establish

Carroll v. California Department of Corrections

District Court, S.D. California · Jul 14, 2022

Finally, they argue they are entitled to qualified immunity because their 7 actions did not violate any clearly established right. … Likewise, because Defendants are entitled to 12 |}summary judgment due to Plaintiffs failure to exhaust available administrative remedies, 13 ||the Court declines to address qualified immunity. 14 Accordingly

Phipps v. Camp Pendleton & Quantico Housing, LLC

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

Derivative Sovereign Immunity 19 Next, Defendants argue they are entitled to derivative sovereign immunity from 20 Plaintiff’s claims. … Code § 3294(c)(3). 27 Here, Plaintiff clearly pleads facts to support her request for punitive damages. 28 (Compl. ¶¶24-26.)

Panus v. Ava Law Group, Inc.

District Court, S.D. California · Aug 23, 2024

Thus, while 6 prisoners may qualify to proceed IFP without having to pay the statutory filing fee in one 7 lump sum, they nevertheless remain obligated to pay the full amount due in monthly 8 payments. … ALL PAYMENTS MUST CLEARLY IDENTIFY 9 THE NAME AND CASE NUMBER ASSIGNED TO THIS ACTION. 10 3.

Robert D. Johnson v. Ana Mondet, Scott Steadman, H. Mosely, Brian Wilfong, Ronald Bates, Jessica Lewis, James Hill, Patrick O’Neill

District Court, S.D. California · Dec 16, 2025

)(2)(B) and 1915A(b), the Court must screen a 21 prisoner’s IFP complaint and sua sponte dismiss it to the extent that it is frivolous, 22 malicious, fails to state a claim, or seeks damages from defendants who are immune … All payments must be clearly identified 11 the name and number assigned to this action. 12 3. DIRECTS the Clerk of the Court to serve a copy of this Order by U.S.

Balelo v. Klutznick

519 F. Supp. 573 · District Court, S.D. California · Jul 24, 1981

The fact that it is some other branch of the NMFS which converts the data into notices of violation or charges does not immunize the observer’s role from the reach of § 1377. … If such a constitutionally sensitive program is to be adopted, however, that choice must be clearly made and declared by Congress, and not by the administrator. ORDER The Court declares: 1.

Bols v. Newsom

District Court, S.D. California · Jan 26, 2021

to waiver of such immunity. … The State of Florida 6 moved to dismiss asserting its sovereign immunity. The Court concluded that the 7 sovereign immunity of the State of Florida was neither abrogated nor voluntarily waived. 8 Id. at 691.

Kennedy v. LOS ANGELES JOINT EXEC. BD. OF HOTEL & R. EMP.

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

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.