Roger Thomas Foley
Judge Foley no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Foley decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Foley treated administrative action committed to agency discretion as outside judicial review when it rested on substantial evidence and lawful authority.
“The adoption and the application of this special rule (defendant’s Ex. #2) ‘was agency action committed by law to agency discretion.’”
He distinguished common-law negligence from a liability created by statute when applying a limitations period.
“In the case at bar, the action is based upon a charge of negligence and a liability for negligence is clearly not a liability created by statute.”
He granted securities summary judgment when the admitted record left no material factual dispute.
“No genuine issue as to any material fact remains in controversy.”
Procedural preferences
Foley described striking pleading matter as disfavored unless it was unrelated and prejudicial.
“A motion to strike under Fed. Rifes Civ.Proc. rule 12(f), 28 U.S. C.A., is not favored and should be granted only when the allegations complained of have no possible relation to the controversy.”
He allowed defective diversity allegations to be amended when diverse citizenship might actually exist.
“The allegations are defective and if it is a fact that diverse citizenship existed between the parties at the time this action was brought, plaintiff should be given an opportunity to amend her complaint by virtue of 28 U.S.C.A. § 1653.”
He looked to the substance of damage allegations rather than their division into separately labeled causes of action.
“The Court should look to the substance of the pleading rather than to its form.”
Cautions
Judicial immunity defeated a damages claim even though the challenged proceedings were later treated as void.
“He is immune from civil liability for the complained of acts and procedures here.”
Foley declined to force antagonistic parties into a continuing hotel partnership through specific performance.
“Another consideration moves the Court to deny specific performance.”
He required compliance with administrative-claim pleading prerequisites but allowed amendment before dismissal.
“Plaintiffs have not alleged the prerequisites defined by § 2675 of 28 U.S.C.A. but this defect may be met by amendment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“That the motion to dismiss be, and the same hereby is, denied;”
“That plaintiff’s motion for summary judgment be, and the same hereby is, granted;”
“That plaintiff Richard Edward Bandy has been damaged in the sum of $15,000.00 and is entitled to judgment against the defendant United States of America in the sum of $15,000.00, less the amount of payments made to him by the Veterans’ Administration and the present cash value of prospective payments actually made to him in the future by the Veterans’ Administration.”
“It is ordered-that this action be dismissed, without prejudice, as to each of said defendants, City of Los Angeles, California, a municipal corporation of the State of California, and the Department of Water and Power of the City of Los Angeles, for want of jurisdiction and invalidity of the service of process.”
“It is therefore ordered, adjudged and decreed that the motion of the plaintiff for a preliminary injunction be, and the same hereby is, -granted”
“That portion of defendant’s motion asking for the dismissal of the action is denied.”
“That part of the motion requesting a more definite statement of the matters stated in plaintiffs’ complaint is granted to the extent hereinafter indicated”
“That within six months from the date of the filing and entry of the decree made pursuant to these Findings and Conclusions of Law herein and hereinafter contained, the defendant Edgar A. Sadler shall sell the real property known and referred to herein as the Diamond Valley Ranch for the best price obtainable”
“That defendant is entitled to judgment denying the prayer of plaintiff’s Complaint and for costs herein incurred.”
“It is Ordered that said defendant’s Motion to Dismiss the First Cause of Action of plaintiffs’ Complaint be, and the same hereby is, granted upon the ground that the alleged right of action set forth therein did not accrue within three years next before the commencement of this action.”
“It is Ordered that said defendant’s Motion to Dismiss the Second Cause of Action of plaintiffs’ Complaint be, and the same hereby is, granted upon the ground that the alleged right of action set forth therein did not accrue within three years next before the commencement of this action.”
“It is Ordered that said defendant’s Motion to Dismiss the Third Cause of Action of plaintiffs’ Complaint be, and the same hereby is, granted upon the ground that the alleged right of action set forth therein did not accrue within three years next before the commencement of this action.”
“It is Ordered that the determination of said motions be deferred until the trial, in the event there is a trial, of this action.”
“It is therefore ordered, adjudged and decreed that the defendant’s Motion to Dismiss be, and the same hereby is, granted and the above entitled action dismissed.”
“That plaintiff take nothing by virtue of his First Amended Complaint.”
“Adjudging and decreeing that said Mary Jane Gulley is the beneficiary in said policy of National Service Life Insurance of Wallace Phillip Gulley, deceased, and that she have all the proceeds from said policy of life insurance including attorneys' fees as hereinafter indicated;”
“That the plaintiff is not entitled to recover damages from the defendant by virtue of any matters alleged in either her first or' third cause of action.”
Caseload & timing
From public federal docket records for this judge.
The 23 reviewed decisions cover a broad litigation sample but do not establish the distribution of Foley's full caseload.
A historical record
Judge Foley 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.