Case law

Joshua Forster v. Orange County

District Court, C.D. California · Aug 29, 2022

Garcia has invoked qualified immunity, which shields her from civil liability unless her conduct violated Plaintiff’s clearly established statutory or constitutional rights. Mullenix v. Luna, 577 U.S. 7, 11 (2015). … established rights, she is entitled to summary judgment based on qualified immunity.

Paulette Smith v. City of Los Angeles

District Court, C.D. California · Jan 6, 2025

City of Los Angeles et al _ entitled to qualified immunity as a matter of law” because a jury could find that Agdeppa's use of deadly force violated clearly established law. Id. 16, 18. … Defendant was thus entitled to summary judgment as to plaintiff's Section 1983 claim based on qualified immunity. Dkt. 89.

Lidia Gonzalez v. County of Los Angeles

District Court, C.D. California · Jun 2, 2021

13 Nevertheless, even absent probable cause, Defendants may be entitled to 14 qualified immunity as to Arciga and Martinez’s claims if the right that was violated 15 was not clearly established. … In any event, Plaintiffs do 12 not submit any case clearly establishing a constitutional violation under similar 13 circumstances, and Defendants are therefore entitled to qualified immunity as to 14

California Paralyzed Veterans Ass'n v. Federal Communications Commission

496 F. Supp. 125 · District Court, C.D. California · Aug 1, 1980

The language of section 503 clearly identifies handicapped individuals as the benefitted class. First, the statute requires federal contractors to “employ and advance in employment qualified handicapped individuals.” … While contemporary legislative history is silent, subsequent evidence regarding Congress’ original intent clearly indicates that Congress contemplated private actions under section 503.

PUREX CORPORATION, LTD. v. General Foods Corporation

318 F. Supp. 322 · District Court, C.D. California · Oct 27, 1970

Furthermore, allowing these two defenses to stand might well result in the grant of a windfall to the defendants, who would effectively be immunized from liability if it were ultimately determined that the originally injured … Also, as discussed above, it establishes quite clearly that the relative equities between private litigants must yield to public policy considerations when antitrust suits are concerned.

Franco-Gonzales v. Holder

828 F. Supp. 2d 1133 · District Court, C.D. California · May 4, 2011

Plaintiff Is Likely To Succeed On The Merits Of His Claims Defendants do not challenge the fact that Plaintiff is a “qualified individual with a disability” as defined by the Rehabilitation Act and that Plaintiff has established … Defendants argue (1) that consent is not required for a Qualified Representative to appear and speak for an incompetent alien under 8 C.F.R. § 1240.4 and (2) that once the Qualified Representative is established or permitted

Deutsche Bank National Trust Co. v. Federal Deposit Insurance

784 F. Supp. 2d 1142 · District Court, C.D. California · Jan 7, 2011

as a qualified financial contract]. … Federal Tort Claims Act The FTCA waives sovereign immunity in tort actions brought against any governmental employee acting within the course and scope of his employment. 28 U.S.C. § 1346 (b).

Shiley, Inc. v. Bentley Laboratories, Inc.

115 F.R.D. 169 · District Court, C.D. California · Jan 26, 1987

A rough, general description or a photograph is not sufficient to establish knowledge of infringement. … As both the Federal Circuit, 794 F.2d at 1569 , and Judge Marshall (Order of Jan. 13, 1987 at 3 & 4) have noted, Bentley clearly implied that no bellows-type device was being made at the time trial commenced, but that one

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

298 F. Supp. 413 · District Court, C.D. California · Mar 28, 1969

Estoppels against the government are not favored and should be declared only where the interests of justice clearly so require. 31 C.J.S. Estoppel § 138, p. 675. … In entering Pacific States he could not have been misled into believing that a degree from that school would qualify him for preference status.

Carl Gordon v. Gavin Newsom

District Court, C.D. California · Jul 31, 2025

established. … As the Report thoroughly 6 addressed, Plaintiff’s claims for prospective injunctive and 7 declaratory relief are moot, and his claim for damages is barred 8 by qualified immunity. (Dkt.

McVey ex rel. Bittersweet Distributors, Inc. v. McVey ex rel. Estate of McVey

26 F. Supp. 3d 980 · District Court, C.D. California · Jun 16, 2014

The Court set forth a bright line rule for determining when courts should treat a defect in a plaintiffs claim as jurisdictional: “If the Legislature clearly states that a threshold limitation on a statute’s scope shall count … Because plaintiff will be unable to establish that the plan is ERISA qualified, amendment would be futile and the action must be dismissed without leave to amend. *998 III.

Paulette Smith v. City of Los Angeles

District Court, C.D. California · Nov 6, 2020

The Isayeva court found the second officer enjoyed qualified immunity because the suspect did not hold a clearly established right to be free from deadly force in those circumstances. Id. at 951. … To this point, the Isayeva court explicitly stated that the “clearly established” prong of qualified immunity “must be answered ... with reference to the facts of specific cases.” Isayeva, 872 F.3d at 947.

Morbeto v. United States

293 F. Supp. 313 · District Court, C.D. California · Oct 18, 1968

The need for trained and qualified officers in the Army and other branches of the Armed Forces is critical at the present time. … In addition, this regulation clearly establishes that there is no vested right to a discharge, rather that such action lies within the discretion of the military, and requests will be granted to the extent practicable and

Cerda v. HEDGPETCH, KERN STATE PRISON

744 F. Supp. 2d 1058 · District Court, C.D. California · Oct 5, 2010

THE COURT: Either counsel have a position as to whether he qualifies for drug court? THE DEFENDANT: Your Honor— MR. MACBRIDE: He does, clearly. The question of whether he’s suitable would be something that Mr. … For the foregoing reasons, petitioner received ineffective assistance of counsel, and the state court’s determination to the contrary is an unreasonable application of clearly established Supreme Court law.

Buraye v. Equifax

625 F. Supp. 2d 894 · District Court, C.D. California · Jun 6, 2008

Standard Governing Motions for Judgment on the Pleadings Judgment on the pleadings is appropriate “when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved … The allegations in Buraye’s complaint clearly implicate the subject matter of § 1681s-2.

Neilson v. Union Bank of California, N.A.

290 F. Supp. 2d 1101 · District Court, C.D. California · Oct 20, 2003

The question is whether these cases, which clearly applied the financial gain requirement as an exception to the agent’s immunity rule, mandate a finding that it is properly applied only in that context. … for conduct undertaken for one’s own financial gain applies only to the agent’s immunity rule.

I.A. v. City of Redondo Beach

District Court, C.D. California · Oct 17, 2023

Defendant then filed 10 a Notice of Appeal, purporting to appeal “from that portion of [the 11 summary judgment] order that denied defendant Anderson’s request 12 for qualified immunity.” … Mungarro’s 4 statement is deemed to be an accurate description of what happened, 5 the clearly established law not only did not explicitly prohibit 6 Sgt.

Pereira v. Shalala

841 F. Supp. 323 · District Court, C.D. California · Dec 14, 1993

This time it told him that he was no longer qualified for disability benefits beginning, amazingly, June, 1991. (defendant’s motion, pp. 32-33.) … His commencement of this action in April, 1993, was clearly beyond the time permitted by law. 42 U.S.C. § 405 (g).

Gritchen v. Collier

73 F. Supp. 2d 1148 · District Court, C.D. California · Oct 18, 1999

Some states have an absolute or qualified privilege for citizen complaints against public officials. Others decline to adopt any statutory privilege. … See Cal.Civ.Code § 47 (establishing privilege encompassing such complaints).

Robinson v. City of San Bernardino Police Department

992 F. Supp. 1198 · District Court, C.D. California · Jan 26, 1998

immunity — applicable only to governmental entities.”). … A good faith defense, unlike qualified immunity, depends on the subjective state of mind of the private person. Jordan, 20 F.3d at 1277.