Case law

Altmann v. Republic of Austria

142 F. Supp. 2d 1187 · District Court, C.D. California · May 9, 2001

Burden of Proof Under FSIA If a plaintiffs allegations and un-controverted evidence establish that an FSIA exception to immunity applies, the party claiming immunity bears the burden of proving by a preponderance of the evidence … The Slade court also had the same concerns as the Jackson court regarding interfering with the foreign sovereign’s established expectations of absolute immunity. Id. at 357.

US EX REL. DEPT. OF FISH AND GAME v. Montrose

788 F. Supp. 1485 · District Court, C.D. California · Mar 31, 1992

The Court need not decide this question, however, as it appears clearly from the allegations of the counterclaims that the Defendants may be able to prove facts which would establish that the United States and the Defendants … . *1494 (b) The liability of a public entity established by this part (commencing with Section 814) is subject to any immunity of the public entity provided by statute, including this part, and is subject to any defenses

P.P. v. Compton Unified School District

135 F. Supp. 3d 1098 · District Court, C.D. California · Sep 29, 2015

Section 504 claim, Plaintiffs must establish that: (1) they are individuals with a disability; (2) they are otherwise qualified to receive the benefit; (3) they were “denied the benefits of the program solely by reason of … Plaintiffs also contend that “California law establishes that the Individual Defendants have authority to establish rules and policies in CUSD schools.” (Id. (footnote omitted)).

Pinkus v. Arnebergh

258 F. Supp. 996 · District Court, C.D. California · Sep 27, 1966

Pitchess provide petitioner with a Board of Review to pass on the obscenity or non-obscenity of films displayed by petitioner in his business establishment. … The breasts and pubic areas are clearly shown on the female models and the penis of the male model is clearly shown.

Underwood v. Pierce

547 F. Supp. 256 · District Court, C.D. California · Mar 25, 1982

HUD also contends that the clear waiver of sovereign immunity in the Equal Access to Justice Act does not waive immunity for work performed before the act’s effective date. This argument is unpersuasive. … The Equal Access to Justice Act unequivocally waives sovereign immunity for “pending” cases.

Cory Mac A Ghobhainn v. City of Los Angeles

District Court, C.D. California · Sep 17, 2024

If the official violates a 22 constitutional right, but that right was not “clearly established,” then the official is 23 protected by qualified immunity. Id. … Thus, if an official 28 “reasonably but mistakenly believed that his or her conduct did not violate a clearly 1 established right,” he or she is entitled qualified immunity. Jackson v.

Chavez-Salido v. Cabell

427 F. Supp. 158 · District Court, C.D. California · Mar 14, 1977

Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961) it has been established law that a political subdivision of a state is immune from a damage claim under § 1983 because it is not a “person”. … [the] rights, privileges, or immunities secured by the Constitution . . . .” (§ 1983).

A. Farber & Partners Inc. v. Garber

234 F.R.D. 186 · District Court, C.D. California · Feb 15, 2006

Bonanno Organized Crime Family of La Cosa Nostra, 119 F.R.D. 625, 627 (E.D.N.Y.1988) (tax returns “clearly relevant” in civil RICO litigation). … The work product doctrine establishes a qualified immunity, rather than a privilege, and the qualification of the immunity is to be determined upon a showing of necessity or good cause. Admiral Ins.

Hendrickson v. eBay, Inc.

165 F. Supp. 2d 1082 · District Court, C.D. California · Sep 4, 2001

See 17 U.S.C. 512(n). eBay argues that it qualifies for protection under the third and fourth categories. … Because the record establishes that eBay qualifies for protection under Section 512(c), the Court need not address the applicability of Section 512(d). 3.

Los Angeles News Service v. CONUS COM. CO. LTD. PARTNERSHIP

969 F. Supp. 579 · District Court, C.D. California · Jul 9, 1997

CBC is not Immune from Suit Under the Foreign Sovereign Immunities Act. CBC also contends that as a “foreign state” it is immune from suit under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et seq. (“FSIA”). … CBC qualifies as a foreign state for purposes of the FSIA.

Sessions Tank Liners, Inc. v. Joor Manufacturing, Inc.

786 F. Supp. 1518 · District Court, C.D. California · Dec 11, 1991

Obviously, proof that a private association's standard-setting activities do not qualify for Noerr immunity is also proof of the “concerted action” requirement of § 1. … This “collapse” of, the immunity and liability issues does not obviate the need for plaintiff to establish the remaining elements of an antitrust violation.

Escamilla v. City of Santa Ana

606 F. Supp. 928 · District Court, C.D. California · Mar 6, 1985

Good Faith Immunity An alternative ground for summary judgment also exists concerning Officers Huerth and Garcia: they are protected by good faith immunity. … Good faith immunity is a qualified federal immunity, and it is available to police officers in § 1983 actions. Harris v. City of Roseburg, 664 F.2d at 1127 .

BV Engineering v. Univ. of Cal., Los Angeles

657 F. Supp. 1246 · District Court, C.D. California · Apr 17, 1987

Louisiana, supra, has established the proposition that when Congress enacts legislation pursuant to a plenary power articulated in the Constitution (primarily found in Article I, § 8, and in the Fourteenth Amendment), it … In the Mills Music case, the 9th Circuit Court of Appeals recognized the longstanding doctrine that Congress needed to express clearly its intent to subject an unconsenting state to a federally created cause of action for

Catch Curve, Inc. v. Venali, Inc.

519 F. Supp. 2d 1028 · District Court, C.D. California · May 3, 2007

Counts Two, Three, and Four each allege that j2 and Catch Curve have engaged in conduct that may qualify as anti-competitive to form the basis of a claim of monopolization under Section Two of the Sherman Act. … Furthermore, anti-competitive conduct alone can satisfy the specific intent requirement if the conduct “form[s] the basis for a substantial claim of restraint of trade” or is “clearly threatening to competition or clearly

In Re Baldinger

356 F. Supp. 153 · District Court, C.D. California · Mar 14, 1973

.” *159 Clearly, the term “false statement” used in § 6002 is not coterminous with the class of statements prosecutable under the perjury statute, § 1621. … It is well established that the term “false statement” in § 1001 encompasses statements not made under oath as well as those made under oath.

Davoyan v. Republic of Turkey

116 F. Supp. 3d 1084 · District Court, C.D. California · Mar 26, 2013

Clearly, however, the confiscation of land in Turkey nearly a century ago did not have- immediate effects in the United States such that no intervening acts broke the chain of causation. … Circuit emphatically repudiated this view in Filartiga , holding that the Dreyfus dicta “is clearly out of tune with the current usage and practice of international law.

La Park La Brea A LLC v. Airbnb, Inc.

285 F. Supp. 3d 1097 · District Court, C.D. California · Dec 29, 2017

It qualifies each prospective tenant through a lease application process and requires each approved tenant to execute a standard form lease. Id. at ¶ 26 . … Cal. 2013) ("Motions to strike are generally disfavored and 'should not be granted unless the matter to be stricken clearly could have no possible bearing on the subject of the litigation ...' " (quoting Platte Anchor Bolt

Lone Star Security & Video, Inc. v. City of Los Angeles

989 F. Supp. 2d 981 · District Court, C.D. California · Dec 20, 2013

Also, the prohibition on parking mobile billboard advertising displays clearly addresses the visibility problem to drivers because these displays will not be present. … Fourteenth Amendment Privileges or Immunities Clause Lone Star also raises a claim for a violation of the Fourteenth Amendment’s privileges or immunities clause. (Am. Compl. ¶¶ 28-30.)

Hardy v. 3 UNKNOWN AGENTS

690 F. Supp. 2d 1074 · District Court, C.D. California · Feb 9, 2010

Echendu also contends that he is entitled to qualified immunity. (Motion at 17-18.) State officials acting in their official capacities enjoy qualified immunity from suit. … The qualified immunity doctrine protects them not only from ultimate liability, but also from having to litigate at all. Saucier v.

Cagle v. Cooper Companies

318 F. Supp. 2d 879 · District Court, C.D. California · Apr 22, 2004

as established by animal studies and biophysical data.” … immune system.