The following excerpt is from Arellano v. Blahnik, Case No.: 16-cv-02412-CAB (RNB) (S.D. Cal. 2018):
1. Although plaintiff's access-to-court claim survived defendant's motion to dismiss, it is still too early to determine the likelihood of success on the merits. Without more, it is not certain whether plaintiff's claim will survive summary judgment. See Garcia v. Smith, 2012 WL 2499003, at *3 (S.D. Cal. June 27, 2012).
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