Case law

Michelle Suzanne Hadley v. City Of Anaheim

District Court, C.D. California · Sep 18, 2020

If no right was 5 violated, or the right was not clearly established at the time, then qualified immunity protects the 6 defendant official from suit. … , could not have been clearly established.

Jacobson v. Schwarzenegger

357 F. Supp. 2d 1198 · District Court, C.D. California · Nov 30, 2004

The Tort Claims Act “establishes the basic rules that public entities are immune from liability except as provided by statute (§ 815, subd. … (a)), and that public entities are immune where their employees are immune, except as otherwise provided by statute (§ 815.2, subd. (b)).” Caldwell v.

Wolpin v. Philip Morris Inc.

189 F.R.D. 418 · District Court, C.D. California · Feb 23, 1999

Section 103885 provides for the establishment of a statewide cancer registry, which is subject to the confidentiality provisions of section 100330. Cal. … The Second Circuit observed that, even if New York law did recognize a qualified privilege, the district court could allow disclosure of the data under an appropriate protective order.

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).

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 Offshore Fund, LTD., RTW Innovation Onshore Fund, LP, and RTW Fund Group GP, LLC

District Court, C.D. California · Jan 23, 2026

Except as otherwise 19 provided in this Order, or as otherwise stipulated or ordered, Disclosure of Discovery 20 Material that qualifies for protection under this Order must be clearly so designated 21 before the … If only a portion of the material on a page qualifies for 2 protection, the Producing Party also must clearly identify the protected portion(s) 3 (e.g., by making appropriate markings in the margins).

Lua v. Miller (In re Lua)

551 B.R. 448 · District Court, C.D. California · Nov 10, 2015

The Bankruptcy Court did not clearly err in finding the requisite intent, e. … Here, the Trustee— relying on the Debtor’s representation that she was not going to claim a homestead exemption — initiated litigation to establish the Debtor’s interest in the.

Salvador Flores v. City of Pasadena

District Court, C.D. California · Oct 10, 2019

Qualified Immunity for False Arrest and Detention 21 The Supreme Court has established a two-prong test to determine whether 22 qualified immunity applies. Pearson v. … A court must 23 deny qualified immunity when (1) the allegations, if true, amount to a constitutional 24 violation, and (2) the constitutional violation was clearly established at the time. Id.

Union Oil Co. v. United States Department of Energy

530 F. Supp. 717 · District Court, C.D. California · Jan 25, 1982

The *721 Order does not abrogate the right that accrued to a firm to establish prices for crude oil prior to January 28,1981. Thus, a firm may become a qualified producer ... on or after January 28, 1981. … This regulation clearly indicates that a producer must first initiate a qualified project and incur certain expenses before he or she can recertify oil sales using the two-month reporting procedure.

Williams v. Townsend

283 F. Supp. 580 · District Court, C.D. California · Apr 5, 1968

This section is applicable even though the public entity is immune from liability for the injury.” Section 950.2, as originally enacted in 1963, was amended in 1965. … This fact is clearly set forth and charged by the plaintiff in Paragraphs VII and X of his Complaint.

Estate of Richard Matus, Jr. v. County of Riverside

District Court, C.D. California · Aug 9, 2024

Even where Monell 9 claims are based upon the actions of individual officers, where those individual officers are 10 exonerated on the basis of qualified immunity—as opposed to a special verdict finding that there … Importantly, the Court noted that 16 “this may be true if the plaintiff established that he suffered a constitutional injury, and the officer’s 17 exoneration resulted from qualified immunity.” Id.

National Coalition Government of the Union of Burma v. Unocal, Inc.

176 F.R.D. 329 · District Court, C.D. California · Nov 5, 1997

establish standing. … Where the necessary party is immune from suit, however, balancing may not be necessary because immunity itself may be a compelling factor. Id.

Perfect 10, Inc. v. CCBILL, LLC

340 F. Supp. 2d 1077 · District Court, C.D. California · Jun 22, 2004

These documents were collected from so-called “celebrity” sites, which are easily locatable and are comprised of images that clearly infringe the copyrights and publicity rights of Perfect 10 and others. • The infringements … Infringing on a trademark is an unlawful business practice which may establish a violation of the UCL. See Century 21 Real Estate Corp. v.

AMCAL Multi-Housing, Inc. v. Pacific Clay Products

457 F. Supp. 2d 1016 · District Court, C.D. California · Oct 10, 2006

Indeed, the AMCAL entities argue that in addition to qualifying as an innocent landowner, they also qualify as a bona fide purchaser. … Such allegations in the complaint clearly portray the AMCAL entities as current owners of the property.

Garcia v. Wachovia Mortgage Corp.

676 F. Supp. 2d 895 · District Court, C.D. California · Oct 14, 2009

Exhibit 9 clearly indicates who the borrower is and provides the account number from the Note. … Second, Plaintiff alleges that the failure to respond to the Qualified Written Request, on its own, establishes enough facts to state a claim for damages under Section 2605(f)(1)(B) based on a “a pattern or practice of noncompliance

San Bernardino Public Employees Ass'n v. Stout

946 F. Supp. 790 · District Court, C.D. California · Nov 13, 1996

immunity, citing Branch v. … immunity.

Eric Henry Saldivar v. Riverside Police Dept. and Local Riverside Police Agentcies

District Court, C.D. California · Jul 30, 2025

Fourth Objection: Qualified Immunity 1 Lastly, defendants assert that they are entitled to qualified immunity … Accordingly, summary judgment on the basis of 17 qualified immunity is not appropriate. See Rosenbaum v.

Oei v. N. Star Capital Acquisitions, LLC

486 F. Supp. 2d 1089 · District Court, C.D. California · Nov 13, 2006

It is well established, for example, that claims for intentional infliction of emotion distress are subject to the litigation privilege. See Rusheen v. … Were the privilege to apply broadly to Rosenthal Act claims, however, it would effectively immunize conduct that the Act prohibits.

Salomaa v. Honda Long Term Disability Plan

542 F. Supp. 2d 1068 · District Court, C.D. California · Mar 6, 2008

LINA’s failure to clearly inform Plaintiff of medical tests that it would consider relevant to a diagnosis of CFS evidences an absence of meaningful dialogue. … LINA DID NOT ABUSE ITS DISCRETION IN DENYING BENEFITS To qualify for LTD benefits under the Plan, employees are not only required to establish that they suffer from a sickness or injury, but also that this sickness or injury

Arness v. Boeing North American, Inc.

997 F. Supp. 1268 · District Court, C.D. California · Jan 26, 1998

Before applying this test, however, “a defendant must qualify as a ‘person’ for the purposes of 28 U.S.C. § 1441 (a)(1).” Overly v. … Hughes Aircraft Co., 795 F.Supp. 965, 969 (finding assertion of official immunity by governmental contractor for dumping of toxic waste “a colorable federal defense” for purposes of § 1442(a)(1)).

Blake v. City of Los Angeles

435 F. Supp. 55 · District Court, C.D. California · May 13, 1977

Congress has not commanded that the less qualified be preferred over the better qualified simply because of minority origins. … There is nothing in Title VII which would require an employer to hire a qualified woman in preference to a more qualified man.