Case law

United States v. Boyce

38 F. Supp. 3d 1135 · District Court, C.D. California · Jul 8, 2014

At the hearing, the Boyces asserted that the court lacks jurisdiction to adjudicate the claims against them because they are immune under the Foreign Sovereign Immunities Act of 1976 (“FSIA”). … As a result, they contend, they are “foreign states” entitled to sovereign immunity under the FSIA, which provides in relevant part that “a foreign state shall be immune from the jurisdiction of the courts of the United States

County of Orange v. McGraw-hill Companies, Inc. (In Re County of Orange)

245 B.R. 138 · District Court, C.D. California · Mar 18, 1997

Courts are reluctant, however, to find a promise to limit First Amendment protection if it is not clearly part of the contract: ... … These cases also defeat S & P’s contention its ratings are opinions immunized from tort liability. 8 .

J. A. v. County of San Bernardino

District Court, C.D. California · Nov 9, 2023

not be protected by qualified immunity. … Defendants are not entitled to qualified immunity at this stage. 18 Defendants argue that qualified immunity shields them from this claim, and that even if there 19 was a violation, it was not of a clearly established

Mel Marin v. Trustees of the Santa Barbara City College District, et al.

District Court, C.D. California · Jan 7, 2026

Plaintiff is cautioned that the Ninth Circuit recently affirmed a grant of qualified immunity to administrators of a California university, holding that California law did not clearly establish an interest … The Court need not accept as true such conclusory allegations and unreasonable 7 A plaintiff establishes the notice or knowledge element by showing that he “alerted the public entity to his need

In re Syncor Erisa Litigation

229 F.R.D. 636 · District Court, C.D. California · Jul 6, 2005

Dynal, Inc., 164 F.R.D. 331, 333 (E.D.N.Y.1996) (establishing applicability of attorney-client privilege “requires the submission of affidavits or other competent evidence to establish sufficient facts to prove the applicability … 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.

Christopher Todd Brown v. M. Soto

District Court, C.D. California · Jan 24, 2024

conduct “violate[s] clearly established statutory or constitutional rights.”   … However, Defendants would still be  21  entitled to qualified immunity if their argument that the right at issue was not clearly  22  established is correct.   23  “To be 

In re Circuit Breaker Litigation

984 F. Supp. 1267 · District Court, C.D. California · Apr 1, 1997

While the Court finds that these witnesses are qualified to provide expert testimony in an antitrust matter, 12 the Court does not believe that their testimony or findings are helpful to determining whether Plaintiffs’ non-immune … While Defendants’ experts testify that Plaintiffs’ activities injured Defendants, they do not establish by evidence the requisite causal connection between Plaintiffs’ non-immune activities and Defendants’ injuries.

Erickson v. Knapp

938 F. Supp. 581 · District Court, C.D. California · Oct 1, 1990

Fourth Amendment principles for circumstances permitting arrests and seizures were clearly established in July of 1989. … “If the law was clearly established, the immunity defense ordinarily should fail, since a reasonable competent public official should know the law governing his conduct.” Harlow v.

Edward Plummer, Jr v. County of Los Angeles

District Court, C.D. California · Sep 19, 2024

Second, even if the Court were to consider the equitable tolling argument and find it meritorious, Defendant would be entitled to summary judgment on qualified immunity grounds. … Oct. 18, 2023) (granting qualified immunity because a pro se plaintiff failed to cite case law that showed the right was clearly established); Parker v. Dequito, No. 20- CV-661, 2022 WL 2106154, at *11 (S.D. Cal.

Saint-Gobain Ceramics & Plastics, Inc. v. Ii-Vi Inc.

369 F. Supp. 3d 963 · District Court, C.D. California · Mar 26, 2019

Defendants further contend that Lockheed was "surely aware of those sheets" when it qualified defendants to grow sheets, in the 2014-2015 timeframe. RSJ at 6. … As defendants argue, the record does not clearly establish the size of the sapphire sheets pictured. The method by which the sheets are grown is also unknown.

Davis v. Ma

848 F. Supp. 2d 1105 · District Court, C.D. California · Jan 24, 2012

Qualifying Disability To sustain a claim under the ADA Plaintiff must first demonstrate a qualifying disability. 42 U.S.C. § 12182 (a). … Here, Plaintiff's inability to sleep could on its own establish Plaintiff has a qualifying disability under the ADA. See 29 C.F.R. § 1630.2 (j)(l)(viii). .

Allen Bernard Shay v. County of Los Angeles

District Court, C.D. California · Sep 23, 2019

entitled to qualified immunity. … “Qualified immunity protects officers from liability for civil damages where their alleged unconstitutional conduct does not violate a clearly established right.” Ford v.

Song v. Immigration & Naturalization Service (INS)

82 F. Supp. 2d 1121 · District Court, C.D. California · Feb 10, 2000

INS, 601 F.2d at 466-467 (holding that only lawful permanent resident could qualify under statute requiring 7 years of lawful residence because permanent aliens had established closer ties to the United States). … entry may qualify for this relief.

Young Americas Foundation v. Gene D. Block

District Court, C.D. California · Aug 11, 2025

immunity. 18 “The doctrine of qualified immunity protects government officials from liability 19 for civil damages insofar as their conduct does not violate clearly established statutory 20 or constitutional … A court may address either prong of the 26 qualified immunity analysis first. Id. at 236.

United States v. Loran Medical Systems, Inc.

25 F. Supp. 2d 1082 · District Court, C.D. California · Dec 17, 1997

The government argues that this attempt at evading the body’s natural immune system is a “specific immune process” as required by the FDA’s regulations. Defendants read the regulation more narrowly. … Accordingly, although the Cell Product clearly falls within the plain language of the FD & C Act’s definition of drug, the plain wording does not control.

Green v. Baca

306 F. Supp. 2d 903 · District Court, C.D. California · Feb 20, 2004

No issue of qualified immunity is raised by this case, because unlike individual officers, local governments are not entitled to qualified immunity. Owen v. … 472-73 , 105 S.Ct. 873 (holding that qualified immunity was inapplicable in an action against a public official in his official capacity). 35 .

Phillips v. Allstate Insurance

702 F. Supp. 1466 · District Court, C.D. California · Jan 10, 1989

In the Foreign Sovereign Immunities Act of 1976, Congress had expanded the privilege of foreign states to remove suits against them to federal court. … Id. at 1038 (Congress amended 28 U.S.C. § 1441 (d) to allow the § 1446(b) limitations period to be extended for cause shown where removal is made pursuant to Immunities Act).

Arminak & Associates, Inc. v. Saint-Gobain Calmar, Inc.

789 F. Supp. 2d 1201 · District Court, C.D. California · Jun 7, 2011

‘conduct forming the basis for a substantial claim of restraint of trade’ ” or “ ‘conduct that is clearly threatening to competition or clearly exclusionary,’ ” but the “focus must be on proof of unfair or predatory conduct … As the Bankruptcy Court observed, no other qualified bidder even submitted a bid for these assets. Id. at 2.

Moshe Leichner v. United States of America, et al.

District Court, C.D. California · Feb 9, 2018

Third, he argues that he is 16 entitled to qualified immunity. … whether or not the right was clearly 28 established at the time of the violation.” Bull v.

Zeeshan H. Khan v. City of Los Angeles

District Court, C.D. California · Oct 7, 2024

Kiefer argues that he is entitled to qualified immunity because Astorga cannot provide case law clearly establishing that his specific conduct was unconstitutional. MSJ 2 at 17-18. … Cnty. of San Diego, 708 F.3d 1075, 1086 (9th Cir. 2013) (affirming denial of summary judgment on qualified immunity grounds to officers, including supervisors who did not directly participate in the clearly established