Case law

Holestine v. Covello

District Court, S.D. California · Sep 3, 2021

Unlike the complaint filed in Starr, Plaintiff’s FAC fails to contain specific 8 factual allegations that would be sufficient to “plausibly establish the defendant[s] 9 ‘knowledge of’ and ‘acquiescence in’ the … While these grievances 10 may qualify as descriptions of “staff misconduct,” they involve no use of force or threat of 11 violence from other inmates that would “plausibly establish the defendant[s] ‘knowledge 12 of

Valdivia v. O'Malley

District Court, S.D. California · Dec 14, 2023

A complaint should be dismissed if it is (1) “frivolous or malicious;” (2) 18 “fails to state a claim on which relief may be granted;” or (3) “seeks monetary relief against a 19 defendant who is immune from such relief … Plaintiff clearly states her disagreement with the determination 3 ||made by the Social Security Administration by alleging that (1) “[t]he RFC specifically prohibits 4 || production rate pace, however, the ALJ found

Toney v. Gwathey M.D.

District Court, S.D. California · Apr 20, 2020

immunity. … Katz, 533 U.S. 194, 201 27 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”). 28

Roettker v. UNUM Life Insurance Company of America

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

12 Extrinsic evidence, or evidence beyond what was before the administrator, can be 13 considered “only under certain limited circumstances,” namely, “only when circumstances 14 clearly … That a defendant acted 8 both administrator and payer thus cannot qualify, on its own, as an ‘exceptional 9 circumstance’ under Opeta’s ‘restrictive’ rule.”).

Ochoa v. Hill

District Court, S.D. California · Aug 26, 2024

The Court must sua sponte 5 dismiss a prisoner’s IFP FAC, or any portion of it, which is frivolous, malicious, fails to 6 state a claim, or seeks damages from defendants who are immune. Lopez v. … “The Unruh Act’s overarching purpose is ‘to create and preserve a 28 nondiscriminatory environment in California business establishments by banishing or 1 eradicating arbitrary, invidious discrimination by such establishments

Welker v. LAW OFFICE OF DANIEL J. HORWITZ

699 F. Supp. 2d 1164 · District Court, S.D. California · Mar 25, 2010

Law Office of Streeter, P.L.L.C., 655 F.Supp.2d 200, 206 (E.D.N.Y. 2009) (“[T]he validation notice clearly omitted an important term-that the consumer must inform the debt collector in writing to be entitled to verification … In that event, unfair debt collection practices could be immunized merely by filing suit on the debt.” Komarova, 175 Cal.App.4th at 340 , 95 Cal.Rptr.3d 880 .

Dennis v. Good Deal Charlie, Inc.

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

represented and sold mattresses “as new, ‘scratch and dent’ and/or factory second or 8 irregular mattresses” when, in reality, the mattresses “were previously used, had not been 9 adequately cleaned and sanitized, were not clearly … Wash. 2004) (“More than the mere possibility of litigation must be evident for 3 materials to be considered immune from discovery under the work-product doctrine.” 4 (citation and internal quotations omitted)); Fox v.

Peruta v. County of San Diego

678 F. Supp. 2d 1046 · District Court, S.D. California · Jan 14, 2010

It is well-established “that a State may not impose a penalty upon those who exercise a right guaranteed by the Constitution.” Harman v. … Article IV, Commerce Clause, and Privileges & Immunities Clause of the Fourteenth Amendment).

Gathrite v. Wilson

District Court, S.D. California · Mar 29, 2023

establishes on the 28 face of the pleadings that no material issue of fact remains to be resolved. … Defendants argue that such claims must be dismissed against them because 10 Plaintiff seek only monetary damages and principles of sovereign immunity bar these 11 claims.

Sekerke v. Olsen

District Court, S.D. California · Sep 28, 2023

Qualified Immunity and Exhaustion 5 Because no genuine issue exists regarding whether Lieutenant Arkwright was 6 || deliberately indifferent under the Fourteenth and Eighth Amendments, the Court does not … 7 ||reach the issues of qualified immunity and exhaustion of administrative remedies. 8 V.

Fiaseu v. United States

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

Mountain Helicopter Serv., 52 F.3d 817, 818 (9th Cir. 1995). 14 “Sovereign immunity is jurisdictional in nature. … FECA thus did not bar the husband “from attempting to establish his claim 18 under the FTCA.”

Serrano v. Social Security Administration

District Court, S.D. California · Mar 10, 2025

The Supplemental Rules govern social security actions and 15 “establish a simplified procedure that recognizes the essentially appellate character of 16 actions that seek only review of an individual’s claims on … 26 Dyer is not, nor has he ever been, the Commissioner of the Social Security Administration. 27 Plaintiff will need to file a single amended complaint to bring his claim(s) before the Court, 28 and he will need to clearly

Grimes v. A1-Auto Care

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

When a court 7 evaluates whether a pro se complaint qualifies as frivolous under 28 U.S.C. … As Plaintiff notes in this complaint, see id. at 9 6, a contract is not required to establish negligence.

United States v. Imperial Irrigation District

322 F. Supp. 11 · District Court, S.D. California · Jan 5, 1971

The court held that the Secretary’s established in *16 terpretation was reasonable and hence entitled to controlling weight. … Closer examination reveals, however, that the references to reclamation law are carefully qualified, most noticeably by the § 14 language that reclamation law applies “except as otherwise herein provided.”

Bey v. Schneider

District Court, S.D. California · Aug 3, 2023

To qualify for IFP status, “an affidavit is sufficient which states that 13 one cannot because of his poverty pay or give security for costs . . . and still be able to 14 provide himself and the dependents with the necessities … Under 28 U.S.C. § 1915(e)(2)(B), courts must sua sponte dismiss IFP complaints, 28 or any portions thereof, which are frivolous, malicious, fail to state a claim, or which seek 1 damages from defendants who are immune

Daniels Cablevision, Inc. v. San Elijo Ranch, Inc.

158 F. Supp. 2d 1178 · District Court, S.D. California · Jul 12, 2001

A qualified acceptance results in an outstanding offer of dedication .... Until the offer of dedication is unconditionally accepted, no public interest is created. Mikels v. … Congress articulated the overall purpose of the Cable Act as follows: "(1) establish a national policy concerning cable communications; (2) establish franchise procedures and standards which encourage the growth and development

Cleveland v. Ludwig Institute for Cancer Research Ltd

District Court, S.D. California · Oct 13, 2021

documents or other information” as “CONFIDENTIAL” or “CONFIDENTIAL – FOR 12 COUNSEL ONLY” “only if the designating party or non-party and their counsel has an 13 articulable, good faith basis to believe that the documents” qualify … there was nothing in the record to suggest Defendants had abused the 10 designation process by not designating documents on a good-faith basis (Doc No. 94 at 11 27:11-6) and Defendants had met their initial burden of establishing

County of San Diego v. Nielsen

District Court, S.D. California · Jun 5, 2020

(Mot. 12-13). 24 It is established that “[e]conomic injury is clearly a sufficient basis for standing.” 25 San Diego County Gun Rights Committee v. … Under the doctrine of 16 sovereign immunity, "[t]he United States, as a sovereign, is immune from suit, save as it 17 consents to be sued, and the terms of its consent to be sued in any court define that court's 18

Metabolife International, Inc. v. Wornick

72 F. Supp. 2d 1160 · District Court, S.D. California · Nov 17, 1999

under Federal Rule of Evidence 702. 6 Rule 702 provides that “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … For example, Metabolife would clearly have no claim if Wornick had stated that "every expert declined to comment on the safety of Metabolife 356.” 17 .

Sanchez-Romo v. United States

District Court, S.D. California · Sep 4, 2019

Plaintiff United States contends that 19 Defendant cannot establish ineffective assistance of counsel because his counsel 20 vigorously argued that he was eligible for safety valve, the issue was fully litigated, and 21 … Defendant participated in a debrief in an effort to qualify for safety 13 valve and was clearly informed of the Government’s position that he did not qualify. 14