Case law

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

Elliott

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

City of Redding, 66 F.3d 188, 190 (9th Cir.1995) (noting that alleged violations of federal law may not be pursued under § 1983 where “(1) 26 the statute does not create an enforceable right, privilege, or immunity, … these claims because a litigant’s expectancy in the outcome of litigation is 3 “peculiarly uncertain,” and thus the potential loss or impairment of a hoped-for civil 4 verdict is too speculative to qualify

In Re MDC Holdings Securities Litigation

754 F. Supp. 785 · District Court, S.D. California · Dec 12, 1990

Nor is Pargesa qualified or licensed to do business in the United States. … Nonetheless, even accepting the plaintiffs’ view that this act is relevant, by itself, it does not establish a basis for personal jurisdiction.

Goode v. Canedo

District Court, S.D. California · Nov 7, 2022

To state a § 1983 claim, Plaintiff must plausibly allege that (1) the acts of the 14 defendants (2) taken under color of state law (3) deprived him of his federal rights, 15 privileges or immunities; and (4) caused him … Whether Plaintiff has adequately pled a claim under the Eighth 22 Amendment is a separate issue, discussed below. 23 Plaintiff Goode has clearly established injury-in-fact.

Benton v. Ashcroft

273 F. Supp. 2d 1139 · District Court, S.D. California · Jul 25, 2003

But whereas Congress clearly intended for the BOP to retain the discretion granted under former § 4082(b) to designate the placement of inmates, S. … The new interpretation is clearly retroactive to persons who are in a community confinement center with greater than a 150-day sentence.

VICTORIO v. Billingslea

470 B.R. 545 · District Court, S.D. California · Feb 24, 2012

On appeal, a district court reviews a bankruptcy court’s findings of fact under the clearly erroneous standard. See Fed. R. BanKR. P. 8013; see also Sigma Micro Corp. v. … Johnson is the seminal case establishing the status of a creditor’s lien on the debt- or’s property after a chapter 7 discharge.

Alter v. County of San Diego

District Court, S.D. California · Oct 18, 2022

Thereafter, 3 on November 16, 2020, the Superior Court issued an Order to Show Cause finding that the 4 habeas petition established a prima facie case for relief because Plaintiff’s conviction did 5 not qualify for … Monell Liability - Generally 8 “Section 1983 provides a cause of action for ‘the deprivation of any rights, 9 privileges, or immunities secured by the Constitution and laws’

Sprint Telephony PCS, L.P. v. County of San Diego

377 F. Supp. 2d 886 · District Court, S.D. California · Jul 8, 2005

Here, Sprint challenges the entire regulatory scheme established by the WTO. … Section 253(c) clearly does not apply to the extent that the WTO goes beyond reg *898 ulating the- public rights-of-way and arguably does not apply to the WTO at all. In TCG New York, Inc. v.

United States v. Reyes-Bosque

463 F. Supp. 2d 1138 · District Court, S.D. California · Nov 21, 2006

Second, payment of rent by itself does not establish a legitimate expectation of privacy when the person paying rent clearly does not live in the residence. It is undisputed that Reyes-Bosque resides in Unit 3. … Chrisman, it does qualify as a protective sweep, and is therefore allowable under the Fourth Amendment.

Computer Economics, Inc. v. Gartner Group, Inc.

50 F. Supp. 2d 980 · District Court, S.D. California · May 25, 1999

The magistrate judge’s order will be upheld unless it is “clearly erroneous or contrary to law.” Id; 28 U.S.C. § 636 (b)(1)(A). … Second, CCP § 2019(d) has no effect on the court’s ability to issue orders regulating discovery or establishing discovery priorities.

Jones v. Equifax Information Services, LLC

District Court, S.D. California · Jul 7, 2025

an IFP complaint, or any portion of it, which is frivolous, malicious, fails to state a claim, 12 or seeks damages from defendants who are immune … “The Accounts were clearly described and 7 identified” and the errors, which consisted of inaccurate and incomplete information, “were 8 clearly spelled out for Equifax to understand the nature of the errors.”

San Diego Navy Broadway Complex Coalition v. U.S. Department of Defense

904 F. Supp. 2d 1056 · District Court, S.D. California · Oct 17, 2012

On September 22, 1989 the BCCG adopted the design principles for the NBC site and established detailed plans and development terms required by the legislation. … In other words, the Navy considered that a reduced density would not likely attract a qualified developer or comply with the nature and scope of the proposed action.

Woodson v. Carranza

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

The Court 16 finds Plaintiff has established an inability to pay the required $350 filing fee and GRANTS 17 Plaintiff’s IFP Motion. … ALL PAYMENTS 19 SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO 20 THIS ACTION. 21 3.

United States v. National City Lines, Inc.

7 F.R.D. 456 · District Court, S.D. California · Sep 29, 1947

It shows clearly that what Mr. … Corporations which have stockholders in many of the states may not find it necessary to qualify to do business and consent to be sued in all the states in which they have stockholders.”

Yvon v. City of Oceanside

202 F. Supp. 3d 1147 · District Court, S.D. California · Aug 11, 2016

Here, the buffer zone regulation is clearly not a total ban on speech in light of the three tattoo shops that operate in the City. 5 (Doc. … , peep-show establishments and pool rooms”).)

Lemus

District Court, S.D. California · Jan 28, 2026

The Court must sua sponte 1 dismiss a prisoner’s IFP complaint, or any portion of it, which is frivolous, malicious, fails 2 to state a claim, or seeks damages from defendants who are immune. Lopez v. … Discussion 7 The Eighth Amendment’s prohibition on the infliction of cruel and unusual 8 punishment “establish the government’s obligation to provide

Arriaga v. Cross Country Bank

163 F. Supp. 2d 1189 · District Court, S.D. California · Jul 5, 2001

Arriaga alleges that in the summer of 1999 she received a mailer encouraging her to accept a Cross Country credit card as a way to establish good credit. … Clearly CCB and ACS knew that they had the right to compel arbitration. The Agreement contained the arbitration clause which CCB and ACS drafted.

In re Sony Gaming Networks & Customer Data Security Breach Litigation

903 F. Supp. 2d 942 · District Court, S.D. California · Oct 11, 2012

To maintain standing under the UCL and FAL, a plaintiff must “(1) establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury; and (2) show that economic injury was … However, the Privacy Policy also expressly disclaims any promise of immunity from intrusion: "Unfortunately, there is no such thing as perfect security.

Paris v. Pollard

District Court, S.D. California · Nov 8, 2022

), the Court must screen a 26 prisoner’s IFP complaint and sua sponte dismiss it to the extent that it is frivolous, 27 malicious, fails to state a claim, or seeks damages from defendants who are immune … ALL PAYMENTS 7 ||SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO 8 || THIS ACTION. 9 3.

Mills

District Court, S.D. California · Jul 24, 2026

“To establish § 1983 liability, a plaintiff must show both (1) deprivation 1 of a right secured by the Constitution and laws of the United States, and (2) that the 2 deprivation was committed by a person acting under … in that same dismissal Order (see id.), to state a claim under the 2 ADA, he must allege: 3 (1) he ‘is an individual with a disability;’ (2) he ‘is otherwise qualified