Cathy Ann Bencivengo

United States District Court for the Southern District of California district Appointed by Barack Obama (Democratic) 9 signed orders read

How Judge Bencivengo decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Denies a defendant's motion for summary judgment where a genuine issue of material fact remains for trial.

“For the foregoing reasons, Defendants' motion for summary judgment is DENIED.”

Procedural preferences

In Social Security appeals, denies the claimant's summary judgment and grants the Commissioner's where the decision is supported.

“Defendant's motion for summary judgment is GRANTED;”

Cautions

On a motion to dismiss, grants dismissal with prejudice of Fourteenth Amendment, Monell, and false-arrest claims that cannot be cured.

“(3) GRANTS the motion to dismiss (a) the Fourteenth Amendment claims against all parties, (b) Monell claims against all parties, and (c) false arrest claims against all parties with prejudice; ... (6) GRANTS the motion to dismiss the Bane Act claims without prejudice.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

eMove, Inc. v. Hire A Helper LLC
Summary judgment (defendant) Denied

“For the foregoing reasons, Defendants' motion for summary judgment is DENIED.”

Weiss v. Astrue (Commissioner of Social Security)
Summary judgment (plaintiff) Denied

“Plaintiff's motion for summary judgment is DENIED;”

Summary judgment (defendant) Granted

“Defendant's motion for summary judgment is GRANTED;”

NuVasive, Inc. v. Alphatec Holdings, Inc.
Motions to strike (plaintiff) Denied

“Statutory estoppel does not apply to either the on-sale bar or indefiniteness challenges asserted by Alphatec. The motion is DENIED.”

Tyler v. Matruz

Under the PLRA three-strikes rule, 28 U.S.C. 1915(g), Bencivengo denied the prisoner-plaintiff's in forma pauperis motion after finding five qualifying prior strikes and dismissed the Section 1983 action without prejudice for failure to pay the filing fee, with no imminent-danger exception. Quote: 'the Court... DISMISSES this civil action without prejudice based on Tyler's failure to pay the full $405 civil filing fee required by 28 U.S.C. 1914(a).' The dismissal arose from screening rather than a merits motion.

Manlove v. County of San Diego et al
3:24-cv-00801-CAB-MMP
Motions to dismiss (defendant) Granted in part

“(3) GRANTS the motion to dismiss (a) the Fourteenth Amendment claims against all parties, (b) Monell claims against all parties, and (c) false arrest claims against all parties with prejudice; ... (6) GRANTS the motion to dismiss the Bane Act claims without prejudice.”

Mirbod et al v. Blinken et al
3:24-cv-01430-CAB-MMP
Motions to dismiss (defendant) Granted

“Plaintiffs' claims against Defendants are DISMISSED without leave to amend as no amendments to the complaint would change the Court's conclusion. This dismissal, however, as to Plaintiffs' unreasonable delay claim, is WITHOUT PREJUDICE to refiling should later circumstances demonstrate an unreasonable delay.”

Estate of Lonnie Rupard et al v. County of San Diego et al
3:23-cv-01357-CAB-BLM
Motions to dismiss (defendant) Denied

“For the reasons stated above, County Defendants' partial motion to dismiss is DENIED. County Defendants must file their answer to the TAC by November 5, 2025.”

United States v. Felipe Rosales Herrera
3:23-cr-00871-CAB
Motion to vacate 2255 (defendant) Granted in part

“the Court hereby vacates the defendant's sentence and reenters the judgment in this case, thereby allowing the defendant to notice an appeal if he elects to do so.”

Jot Parkash Singh v. Warden of Imperial Regional Detention Facility et al
3:26-cv-00557-CAB-BLM
Habeas petition (petitioner) Granted

“The Court thus ORDERS Respondents to provide Petitioner an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. 1226(a) and its associated regulations by February 20, 2026.”

Caseload & timing

From public federal docket records for this judge.

The 2018-2022 caseload sample includes immigration and controlled-substance prosecutions, patent and intellectual-property disputes, insurance coverage, consumer protection, employment, civil rights, warranty claims, and detainee litigation. The sample reflects Bencivengo's substantial patent docket while also showing a broad general civil caseload; many civil cases resolved after early neutral evaluation.

Put Judge Bencivengo's record to work

Ezel drafts and answers grounded in this exact profile: how Judge Bencivengo actually rules, not a generic AI guess.

Opens in Ezel Pro. Every answer is grounded in Judge Bencivengo's own signed orders and cites them.