Dal Millington Lemmon
How Judge Lemmon rules, drawn from 17 signed orders. Every observation links to the order it came from.
Judge Lemmon no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lemmon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
At the pleading stage, allegations survived when the record did not establish that relief was impossible under every provable set of facts.
“a complaint should not be dismissed for insufficiency except where it appears to a certainty that the claim for relief could not be sustained under any state of facts which could be proved in support of it.”
Temporary labor relief followed where the evidence showed a planned course of discriminatory hiring-hall conduct and a clear need to restore particular workers.
“The evidence shows reasonable cause to believe that MC&S has engaged in such proscribed practices.”
Procedural preferences
A taxpayer's judicial refund theory had to match the detailed grounds presented in the administrative claim.
“The claim must set forth in detail and under oath each ground upon which a refund is claimed”
The court required clear and convincing valuation evidence before sustaining a bankruptcy turnover amount.
“The evidence to sustain a turnover order must be clear and convincing.”
Cautions
Conditional future injury could not supply federal jurisdiction for immediate injunctive relief.
“Jurisdiction is based on actuality, not prophecy, the pressure of a grievance immediately felt and presently measurable in money of the jurisdictional amount.”
Three related dismissal motions succeeded because equity would have created more inconvenience than the available consolidation of the underlying legal actions.
“The single fact that a multiplicity of suits may be prevented by this assumption of jurisdiction is not in all cases enough to sustain it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“It is therefore ordered that defendant’s motions for summary judgment and judgment on the pleadings be, and the same are nereby granted.”
“Therefore, defendants’ motions to dismiss and to strike are denied, but under the provisions of Rule 12(d) of the Federal Rules of Procedure, without prejudice to their renewal at the time of trial.”
“The statutory requirements to confer jurisdiction upon this court not being met. (28 U.S.C.A. § 41), it is hereby ordered that the motion for a preliminary injunction be denied.”
“Therefore count one of the complaint is dismissed.”
“No statutory authority existing for recovery of attorneys’ fees, plaintiff's prayer therefor shall be stricken.”
“As to both Said defendants, therefore, the amended complaint is dismissed for lack of venue.”
“It appears that costs and expenses were incurred by said attorneys, or some of them, other than in connection with the cases instituted by Louis Hozz and Ettie Hozz or in connection with the case of Creedon v. Pedisich *201and the matter is re-referred to the Referee with directions to the Referee to segregate such costs incurred in the administration of the debtor estate and which were incurred other than those here disallowed and which were foi the benefit of the debtor estate.”
“The order should be and is set aside and the Referee is directed to take evidence and determine these facts and the reasonable value of the truck or property taken.”
“The complaint is therefore dismissed, without prejudice to the plaintiffs right to urge any defenses that it may properly present in any future action or actions at law.”
“The Referee’s Findings of Fact and Conclusions of Law, except as hereinbefore noted, and his Order are approved and affirmed.”
“A mandatory injunction requiring restoration of Leslie Boatwright, John Tiernan, Harry Whitelaw, Robert Stewart, Leonard Kralko and James Randall to their former jobs is proper. Charles A. Copeland is entitled to a requirement that MC&S issue an assignment slip to the position he had just prior to the time he was screened off.”
“The plaintiffs’ motion for a new trial was granted by this Court on November 22, 1950.”
“By order entered December 13, 1951, this Court denied the motion of defendant Smyth, and granted the plaintiffs’ motion for leave to .file amended complaints and to join Berliner as a party defendant.”
Caseload & timing
From public federal docket records for this judge.
Lemmon's reported Northern District of California decisions include patent, insurance, bankruptcy, labor, tax, maritime, venue, and habeas disputes. No electronic records are available to quantify his caseload.
A historical record
Judge Lemmon no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.