Case law

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.

Fowler v. United States

258 F. Supp. 638 · District Court, C.D. California · Sep 21, 1966

Pitchess, the facts clearly and unequivocally show the following: Plaintiff, Rev. William V. … But even more important than these considerations is the fact that, with respect to defendant United States of America, the well-established principle of law summed up in the phrase, “doctrine of sovereign immunity”, stands

Yau v. District Director of United States Immigration & Naturalization Service

293 F. Supp. 717 · District Court, C.D. California · Nov 4, 1968

3) 1 of the Immigration and Nationality Act is clearly erroneous and contrary to law. … However, that claim is not supported in the Administrative Record, and the record of petitioner’s employment by itself does not establish that petitioner has the high academic preparation and work experience that qualify

Terminal-Hudson Electronics, Inc. of California v. Dept. of Con. Aff.

407 F. Supp. 1075 · District Court, C.D. California · Jan 6, 1976

June 16, 1975). [1] Therein the majority at 818, 95 S.Ct. at 2231 say of the Chrestensen rationale of non-First Amendment protection "to paid commercial advertisements" that: "Our cases, however, clearly establish that speech … Opti-Cal seeks identical temporary and permanent relief from state law infringement of First Amendment privileges and immunities.

Martino Recchia v. City of Los Angeles Department of Animal Services

District Court, C.D. California · Mar 22, 2022

to qualified immunity because the law on pigeon ownership was not “clearly established” in 2011. 1 2 … immunity: (1) whether the facts alleged show that the officer violated a constitutional right; and (2) if so, whether that right was clearly established at the time of the event.”

Daniel Turner v. City of Los Angeles

District Court, C.D. California · Jul 24, 2020

Qualified Immunity 23 “The doctrine of qualified immunity protects government 24] officials from liability for civil damages insofar as their conduct does not violate clearly established … Clearly Established Law 13 Even if Officer Johnigan’s use of a taser was objectively 14 unreasonable, she is entitled to qualified immunity if it was not 15 clearly established

Sonya Huerta v. The City of Santa Barbara

District Court, C.D. California · Oct 1, 2019

Callahan, 555 U.S. 15 223, 231-232 (2009). 16 Qualified immunity attaches when an official’s conduct does not violate a clearly 17 established constitutional right … Defendants are entitled to qualified 20 immunity for Plaintiffs’ excessive force claim.

HSMV CORP. v. Adi Ltd.

72 F. Supp. 2d 1122 · District Court, C.D. California · Nov 8, 1999

Here, ADI implicitly waived any sovereign immunity claim by (1) its agreement to arbitrate in Los Angeles and (2) its failure to raise the sovereign immunity defense in its Answer. … Schmitz is controlling. 12 Here, Gibson’s law firm’s contemporaneous representation of ADI’s owner clearly presented a conflict of interest.

Occidental Petroleum Corp. v. Buttes Gas & Oil Co.

331 F. Supp. 92 · District Court, C.D. California · Mar 17, 1971

The plaintiff, however, asserts that this immunity is only an immunity from suit which has no bearing upon the defendant’s liability. But, as we have seen, the immunity is far broader than this. … But as those two cases intimate, 28 and as other analy *110 ses clearly establish, 29 the holding of American Banana that has endured is that the act of state doctrine bax-s a claim for antitrust injury flowing from foreign

Guinto v. District Director of the U. S. Immigration & Naturalization Service

303 F. Supp. 1094 · District Court, C.D. California · Jul 11, 1969

In fact, one school of dentistry in the United States had estimated that he would need four years of full-time study to meet established standards. … Part 60) and the alien clearly comes within the terms of such certification, or unless the alien is clearly not within the purview of section 203(a) (3).

Button Depot, Inc. v. United States Department of Homeland Security

386 F. Supp. 2d 1140 · District Court, C.D. California · Aug 18, 2005

Noting that “[t]he backgrounds of both of these learned individuals would qualify them as recognized authorities in the field of accounting,” the AAO discounts the opinions as “insufficient” to establish that Mrs. … Further, the AAO acknowledges that “[t]he petitioner seeks to qualify the beneficiary by establishing that the beneficiary meets the requirements of 8 C.F.R. § 214.2 (h)(4)(iii)(C)(2),” which establish that a foreign national

California Insurance Guarantee Ass'n v. Sylvia Mathews Burwell

170 F. Supp. 3d 1270 · District Court, C.D. California · Mar 16, 2016

CIGA was created by the California Legislature to establish a fund from which insureds could obtain financial and legal assistance in the event their insurers became insolvent. (Id. ¶ 10.) … Absent such a waiver, Summerlin clearly controls here.

Yott v. North American Rockwell Corp.

428 F. Supp. 763 · District Court, C.D. California · Jan 10, 1977

. § 2000e(j), violates the establishment clause of the First Amendment of the United States Constitution. … Berg’s letter does not qualify as commission opinion. Even though the Court finds that Mr.

G. Ashley v. Michael Rey Moore

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

Qualified Immunity 6 To defeat the defense of qualified immunity, Ashley must show that Clark’s conduct 7 is clearly established as unlawful, even viewing the evidence in the … qualified immunity by describing violations of clearly established general 17 or abstract rights outside “an obvious case.”

Electronic Frontier v. Office of the Director

542 F. Supp. 2d 1182 · District Court, C.D. California · Apr 4, 2008

Defendants ODNI and the DOJ acknowledge that the requested information qualifies for expedited processing, but nonetheless, the defendant agencies have failed to process Plaintiffs requests within the statutory time frame … The standards for obtaining a preliminary injunction are well established.

Masimo Corporation v. Joe E. Kiani, Roderick Wong, Naveen Yalamanchi, RTW Investments, LP, RTW Investments GP, LLC, RTW Master Fund, LTD., RTW Offshore Fund One, LTD., RTW Onshore Fund One, LP, RTW Innovation Master Fund, LTD., RTW Innovation

District Court, C.D. California · Aug 28, 2026

Except as otherwise 5 provided in this Order, or as otherwise stipulated or ordered, Disclosure of Discovery 6 Material that qualifies for protection under this Order must be clearly so designated 7 before the material … If only a portion of the material on a page qualifies for 16 protection, the Producing Party also must clearly identify the protected portion(s) 17 (e.g., by making appropriate markings in the margins).

Slade Douglas v. City of Los Angeles

District Court, C.D. California · Oct 3, 2023

clearly established? … This is the standard to detain as clearly 28 established by WIC § 5150. Accordingly, qualified immunity is not applicable to the Officers here. 1 B.

Rieve v. Coventry Health Care, Inc.

870 F. Supp. 2d 856 · District Court, C.D. California · Apr 25, 2012

Yet, even though Plaintiff existed in a hierarchy, she was clearly still required to exercise independent judgment and discretion in the course of her duties. … Plaintiff is thus not automatically immunized from exemption arguments by § 1(A)(3)(f).

Bagley v. United States

963 F. Supp. 2d 982 · District Court, C.D. California · Aug 5, 2013

The right to recovery clearly exists primarily to give relators incentives to bring claims. … Therefore, in order for Bagley to succeed on his claims, he must establish that his attorneys’ fees qualified as “ordinary and necessary expenses” paid or incurred during the taxable year in carrying on a “trade or business

John Gonzalez v. City of El Monte

District Court, C.D. California · Oct 4, 2019

Qualified Immunity 10 Defendants assert they are entitled to qualified immunity. (Mot. 24.) … qualified immunity.