Larry Alan Burns

This case concerns whether Poway Unified School District must provide a deaf student, K.C., with word-for-word transcription services (CART) rather than meaning-for-meaning transcription (Type-Well) under the Individuals with Disabilities Education Act to deliver a free appropriate public education (FAPE). An Administrative Law Judge ruled for the student after a due process hearing, finding the district's IEP inadequate and ordering CART services. The district court reviewed the ALJ decision under the Rowley standard, which defines FAPE as specialized instruction that confers some educational benefit, such as enabling the child to achieve passing grades and advance from grade to grade, without requiring services that maximize potential. California imposes no higher requirements, and the court addressed whether the student's academic progress with the offered services satisfied IDEA while considering cross-motions for summary judgment and remanding for further determination consistent with the opinion.

civil rights

This case involves a federal habeas corpus petition filed by prisoner David Pringle, who sought relief based solely on a stand-alone claim of actual innocence under Herrera v. Collins after abandoning other claims. The district court had previously denied the petition as time-barred and lacking merit, and now denies Pringle's request for a certificate of appealability. The court reasoned that even assuming such a claim is viable in a non-capital case, Pringle failed to meet the extraordinarily high standard of showing he is probably innocent or that newly discovered evidence clearly establishes his innocence, given his multiple confessions (including a detailed written one naming an accomplice and later confirmed), DNA evidence implicating him, inconsistencies in his alibi, and the lack of specific explanations for recanting prior testimony. The court further noted that an evidentiary hearing was not warranted as Pringle did not sufficiently allege facts that would alter the outcome.

criminal lawprocedure

The case involves the Quechan Tribe's challenge to the Department of the Interior's approval of a large solar energy project on federal land in California's Desert Conservation Area, which the Tribe argued would destroy hundreds of cultural, religious, and archaeological sites without adequate compliance with NEPA, NHPA, and FLPMA. The Tribe sought a preliminary injunction to halt the project pending litigation. The court granted the injunction, finding serious questions on the merits regarding the agency's procedural and substantive compliance with federal law, that the balance of hardships tipped sharply in the Tribe's favor, and that irreparable harm from destruction of cultural resources was likely. The decision applied the Winter test for injunctive relief under the APA's arbitrary and capricious standard for reviewing agency actions.

environmentreligious libertycivil rightsfederal power

In Easter v. CDC, a prisoner proceeding pro se sued prison officials under 42 U.S.C. § 1983, alleging that they violated his Fifth, Eighth, and Fourteenth Amendment rights, along with state law claims, by placing him in a yard where he had previously been assaulted, leading to a second attack. The district court adopted the magistrate judge's report and recommendation after no objections were filed, granting in part the defendants' motion to dismiss. The court dismissed claims for monetary damages and supplemental state claims against defendants in their official capacities without leave to amend, dismissed the Fourteenth Amendment claim as preempted by the Eighth Amendment, dismissed the Fifth Amendment claim with limited leave to amend, and struck the request for injunctive relief as moot. The Eighth Amendment deliberate indifference claim against defendants in their individual capacities was allowed to proceed.

civil rightscriminal law

Chris Hutton sued the Law Offices of Collins & Lamore, alleging that a dunning letter sent to collect a credit card debt violated the FDCPA and Rosenthal Fair Debt Collection Practices Act by failing to clearly state the total amount owed, due to an unclear reference to possible accruing interest. The defendant moved to dismiss, arguing both that the debt was a business obligation not covered by the statutes and that the letter adequately disclosed the amount due. The court found the letter compliant because it specified the outstanding balance of $22,519.17 and only referenced potential future interest, satisfying the requirement to state the total debt under 15 U.S.C. § 1692g(a)(1). The court granted the motion to dismiss on that basis while denying the anti-SLAPP motion to strike.

business & regulatoryprocedure

This case involves a dispute between the Mesa Grande Band of Mission Indians and the Santa Ysabel Band over beneficial title to several thousand acres of land in California, originating from 19th-century executive orders and patents issued in 1893 that the plaintiff claims mistakenly named the wrong tribe as owner. The plaintiff sued the Secretary of the Interior to quiet title and correct the patents after administrative efforts in 1976 failed and usage restrictions began in the 1990s. The court granted the motion to dismiss, ruling that the Quiet Title Act's 12-year statute of limitations barred the claim because it accrued no later than 1976 when the plaintiff had clear notice of the issue. As a result, the United States had not waived its sovereign immunity, depriving the court of jurisdiction to hear the case.

propertyfederal powerprocedure

The case involved plaintiff Joe Hand Promotions, which held distribution rights to a pay-per-view mixed martial arts event, suing defendant Scotsumy Corporation after its pizza parlor and bar intercepted and displayed the event without paying the required $875 sublicensing fee. Plaintiff sought a default judgment awarding $100,875 in combined statutory damages under 47 U.S.C. §§ 553 and 605 plus conversion, asserting willful commercial piracy. The court denied the motion without prejudice, holding that plaintiffs cannot recover under both statutes on these facts, that the requested amounts far exceeded the statutory ranges and discretionary enhancements permitted, and that the request ignored established case law limiting cumulative or maximum awards absent egregious circumstances. The court granted leave to file an amended motion seeking a more modest judgment consistent with precedent.

business & regulatoryprocedure

This case involved four Christian student groups at California State University campuses challenging the university's nondiscrimination policy, which conditioned official recognition—and associated benefits like funding and meeting space—on allowing all students to join regardless of religion or sexual orientation. The plaintiffs argued that compliance would violate their First Amendment rights to free speech, religious exercise, and expressive association by forcing them to alter their message and membership criteria. The court granted the defendants' motion for summary judgment and denied the plaintiffs', holding that the policy did not compel the groups to endorse conflicting views in a manner prohibited by precedents such as Truth v. Kent School District and Boy Scouts v. Dale. The decision relied on the Ninth Circuit's guidance that universities may enforce nondiscrimination requirements for access to a limited public forum without infringing constitutional protections, distinguishing the facts from cases involving direct compulsion of unwanted members or messages.

free speechreligious libertycivil rights

This case involved a prisoner’s pro se lawsuit under 42 U.S.C. § 1983 alleging that continuous 24-hour lighting in his cell at Calipatria State Prison, caused by an always-on 7-watt night light, violated his Eighth Amendment rights by causing insomnia, headaches, and related health issues. After earlier claims were dismissed, the sole remaining claim sought damages for past violations; the defendants moved for summary judgment, and the plaintiff sought additional discovery and time, which were addressed separately. The court granted the motion for summary judgment and dismissed the case, holding that the plaintiff failed to raise a genuine issue of material fact showing the lighting rose to the level of cruel and unusual punishment or that the defendants acted with deliberate indifference, given the minimal brightness of the light, legitimate security justifications for the policy, and insufficient evidence of serious medical harm or feasible alternatives.

criminal lawcivil rights

The case concerned whether a large Latin cross that had stood for decades as part of a veterans' memorial on Mt. Soledad in San Diego violated the Establishment Clause after the federal government acquired the site through eminent domain. The plaintiffs, including the Jewish War Veterans, argued that the cross's presence on federal property amounted to an unconstitutional endorsement of religion. The court denied the plaintiffs' motion for summary judgment and granted the defendants' motion, ruling that the cross could remain. The core reasoning was that, viewed in the context of the entire memorial which includes numerous secular elements honoring veterans and has a history tied to military service, an objective observer would not perceive the cross as a government endorsement of Christianity.

religious libertycivil rights

In Harris v. Stonecrest Care Auto Center, LLC, the plaintiff brought claims under the Americans with Disabilities Act and related state laws alleging barriers at a business, but the court dismissed the federal claim for lack of standing and declined supplemental jurisdiction over the state claims. Defendants then moved for attorney’s fees and costs under 42 U.S.C. § 12205, 28 U.S.C. § 1927, and Federal Rules of Civil Procedure 11 and 54, arguing the action was frivolous. The court denied the motion, holding that dismissal for lack of standing does not make defendants prevailing parties entitled to fees under the ADA or Rule 54. It further found no basis for sanctions, as the standing issues involved non-obvious precedent and the record did not establish bad faith or frivolousness, though it noted concerns about tester plaintiffs. The court also granted judicial notice of docket materials but denied it for an unrelated unpublished order.

civil rightsprocedure

This case arose from a fair housing civil rights action in which plaintiff Joann Reed and the Fair Housing Council of San Diego sued the Penasquitos Casablanca Owner's Association alleging sexual harassment by a security guard and related discriminatory practices. After a jury found the defendant liable on federal and state fair housing and civil rights claims, the district court referred the plaintiffs' applications for attorneys' fees and costs to a magistrate judge. The court overruled objections and adopted the recommendation awarding Reed approximately $168,674 in fees and costs after reductions for a contingent multiplier and other adjustments, while partially sustaining objections to deny most fees to the Fair Housing Council but awarding it a portion of claimed costs. The core reasoning focused on prevailing-party eligibility under the Fair Housing Act and related statutes, the reasonableness of hours and rates under lodestar principles, reductions for unsuccessful claims and overstaffing, and the limited relief obtained by the Fair Housing Council.

civil rightsprocedure

This case involves plaintiffs challenging the transfer of a parcel of land on Mt. Soledad containing a large cross to the federal government for use as a veterans' memorial under Public Law 109-272, claiming it violates their rights under the U.S. and California constitutions and seeking declaratory and injunctive relief. The court dismissed plaintiff Trunk's claims for lack of Article III standing and dismissed the City of San Diego as a party, entering judgment on those claims. The core reasoning was that Trunk failed to establish a concrete, particularized injury-in-fact causally connected to the challenged transfer that would likely be redressed by a favorable decision, as the property transfer would proceed under separate authority even if the specific law were invalidated. The court did not reach issues such as the political question doctrine.

religious libertycivil rightsfederal powerproperty

This case is a putative nationwide class action brought by a New Jersey resident against Wal-Mart entities, alleging that bed linens purchased online had a lower thread count than advertised, in violation of California's Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act. The court granted in part and denied in part the defendants' motion to dismiss, dismissing claims against Wal-Mart Stores without prejudice, plaintiff's CLRA damages claims with prejudice due to lack of proper notice, and other claims without prejudice for reasons including lack of standing under federal standards and failure to meet state law requirements. The core reasoning centered on the plaintiff's inability to establish standing as a non-resident under California law for certain claims, jurisdictional limits on injunctive relief, and procedural deficiencies in the complaint, while allowing some claims to potentially proceed against the California-based subsidiary.

business & regulatoryprocedure

In United States v. Twombly, defendants were charged under 18 U.S.C. § 1037(a)(3) and (4) with sending millions of commercial spam emails after leasing servers and registering accounts using false identities and falsified header information, which allegedly caused financial harm to an internet service provider. The defendants moved to dismiss the indictment, arguing that the statute was unconstitutionally vague, overbroad, and failed to allege an essential element of general criminal intent. The court denied the motions, holding that the statute provides fair warning to persons of ordinary intelligence by prohibiting knowing and intentional material falsification of information that impairs the ability to identify or respond to senders, and that the indictment's allegations of fraudulent leasing and payments sufficiently tracked the statutory requirements without penalizing innocent conduct.

criminal law

This case involved plaintiff Tony Harris, who has a mobility disability, suing a San Diego Shell gas station under Title III of the Americans with Disabilities Act and related California state laws for alleged accessibility barriers he encountered during a single visit in 2004, such as issues with gas pumps, parking, restrooms, and counters. The court conducted a bench trial, visited the site, and heard evidence that Harris lives 600 miles away, has filed at least 20 similar lawsuits, provided vague or inconsistent testimony about his plans to return, and could not recall details of prior visits or related locations. The court concluded Harris lacked Article III standing because he failed to show a genuine intent to return to the facility at the time the complaint was filed, making any injunctive relief non-redressable. As a result, the federal ADA claim was dismissed with prejudice for lack of jurisdiction, and the state claims were dismissed without prejudice. The decision relied on precedents like Lujan v. Defenders of Wildlife and a similar case, Harris v. Del Taco, requiring proof of return intent for Title III standing.

civil rightsprocedure

In Loughney v. Allstate Insurance, homeowners sued their insurer for breach of contract and bad faith after Allstate denied a claim for property damage from a 2005 landslide allegedly caused by the City of Oceanside's negligence in maintaining water and sewer lines. The court granted Allstate's motion for judgment on the pleadings and dismissed the complaint with prejudice. Under California law, the homeowners' policy expressly excluded coverage for damage from earth movement or third-party negligence, and the efficient proximate cause of the loss was an excluded peril. The policy's ensuing loss provision did not apply because the complaint alleged no secondary covered peril, such as fire, that caused the damage. Absent any potential for coverage, there could be no breach of contract or bad faith denial of benefits.

propertyprocedurebusiness & regulatorytorts & liability

This case involves plaintiff Martin J. Rouse, Jr., who sued debt collection defendants under the Fair Debt Collection Practices Act and related state laws after they repeatedly contacted him to collect a debt allegedly owed by his estranged father, Dale Rouse, including through calls, letters, process serving, and recording a lien on plaintiff's property despite his repeated denials and proof of identity. Defendants filed special motions to strike four causes of action under California's anti-SLAPP statute, arguing the claims arose from protected litigation-related activity. The court denied both motions, holding that the anti-SLAPP statute did not apply because the dispute was a private matter concerning allegedly unlawful debt collection practices rather than speech or petitioning on an issue of public significance, and the litigation privilege did not shield the conduct where plaintiff was not the judgment debtor and the lien was placed in error.

procedurebusiness & regulatorytorts & liability

The case involves two inmates at Calipatria State Prison who sued under 42 U.S.C. § 1983, alleging that constant 24-hour lighting in their cells violated their Eighth Amendment rights by preventing adequate sleep. The court adopted the magistrate judge's report and recommendation with modifications, denying the plaintiffs' motion for a preliminary injunction to stop the lighting or related discipline. It dismissed one plaintiff's claims for failure to exhaust administrative remedies, dismissed certain other claims with leave to amend, struck requests for attorney's fees and some exhibits, but allowed the core Eighth Amendment claim to proceed against most defendants. The reasoning centered on procedural requirements such as exhaustion under the Prison Litigation Reform Act, standards for pro se pleadings, and the lack of standing for claims on behalf of other inmates.

civil rightscriminal lawprocedure

In Luna v. Ridge, plaintiff Jorge Hernandez Luna, who had illegally reentered the United States, sued Border Patrol agent Steven St. Pierre under Bivens for injuries from an accidental gunshot wound sustained during an arrest attempt. Luna had fled from St. Pierre in a remote border area known for criminal activity; during the ensuing struggle after Luna slipped, St. Pierre's service weapon discharged while pressed against the ground, wounding Luna in the leg. The court granted the defendant's motion to strike and motion for summary judgment on the remaining claims, finding based on the parties' joint undisputed facts that the shooting was accidental with no evidence of intentional force or a constitutional violation, and that qualified immunity applied.

immigrationcriminal lawcivil rightsfederal power