Case law

Morongo Band of Mission Indians v. Stach

951 F. Supp. 1455 · District Court, C.D. California · Jan 16, 1997

Otherwise, the opinion in Seminole had no effect on the well-established principle that despite the immunity for states and state agencies provided by the Eleventh Amendment, “federal courts have jurisdiction to hear suits … Its workings, procedures, establishment, powers, makeup and how it generally is constituted are matters of state, rather than local, direction and control.

Zaks v. American Broadcasting Companies, Inc.

626 F. Supp. 695 · District Court, C.D. California · Dec 10, 1985

Plaintiff, at oral argument, claimed that because defendants’ conduct violated a clearly established public policy of California, i.e., non-discrimination because of sexual orientation, the second and ninth claims also should … T4, 595 P.2d 592 (1979), is clearly distinguishable.

Church of Scientology v. United States Department of Justice

410 F. Supp. 1297 · District Court, C.D. California · Apr 2, 1976

Those decisions held that if investigatory files were initially compiled for law enforcement purposes they were immune from required disclosure under the Act whether or not any legitimate law enforcement purpose or interest … Thus it is not necessary to score the debater’s point that information emanating from law enforcement agencies would necessarily come from people in the agencies who would qualify as sources even if the term source' were

Christine Gralow v. City of Palos Verdes Estates

District Court, C.D. California · Apr 22, 2025

Id. at 11. 19 Plaintiff objects that the police officer Defendants are not entitled to qualified 20 immunity because she was arrested without probable cause. [Dkt. 102 at 12-14]. … As the 21 Report found, Plaintiff s argument depends on clearly established law that is defined at 22 too high a level of generality. [Dkt. 101 at 12].

Northrop University v. Harper

580 F. Supp. 959 · District Court, C.D. California · Jul 18, 1983

Closely related to this point, defendants contend that this action is barred by sovereign immunity. … Plaintiff cites no authority for the proposition that the United States has waived its sovereign immunity for claims such as the ones raised here.

At & T Management Pension Plan v. Tucker

902 F. Supp. 1168 · District Court, C.D. California · Aug 14, 1995

It is well-established that ERISA’s preemption clause is “clearly expansive”, New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins. … determine the qualified status of domestic relations orders and to administer distributions under such qualified orders. 29 U.S.C. § 1056 (d)(3)(G)(i) and (ii).

Nuno v. County of San Bernardino

58 F. Supp. 2d 1127 · District Court, C.D. California · Jul 28, 1999

Span, 75 F.3d 1383 , 1386 n. 5 (9th Cir.1996) (probation establishes custody for purposes of 28 U.S.C. § 2255 ). … The statutory reference to "the defendant” clearly refers to the criminal action defendant entering the relevant plea.

Ammari v. City of Los Angeles

988 F. Supp. 2d 1139 · District Court, C.D. California · Dec 20, 2013

California Constitution Privileges and Immunities Clause The California Constitution’s Privileges and Immunities Clause provides that a “citizen or class of citizens may not be granted privileges or immunities not granted … But since Ammari has not established any viable claims, he could not obtain damages from the City in any event. V.

Gendron v. Saxbe

389 F. Supp. 1303 · District Court, C.D. California · Jan 7, 1975

much to the withdrawal of public assistance benefits as to disqualifications for unemployment compensation * * Apparently, the Court was considering a “right” in terms of a property interest as applying to withdrawal of an established … At page 577, 92 S.Ct. at page 2709 , it is stated: “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.

Klor v. Hannon

278 F. Supp. 359 · District Court, C.D. California · Dec 19, 1967

He then had a civilian photographer photograph the interior of Plaintiff’s apartment to establish the fact that the motion pictures of “Candy” and “Lorrie” had been photographed there. … The power to search at this time clearly existed. A search, as incident to a lawful arrest, may be made of premises on which the arrest was made and which are under the suspect’s control at the time of the arrest.

CYBERSITTER, LLC v. People's Republic of China

805 F. Supp. 2d 958 · District Court, C.D. California · Aug 1, 2011

Intentional Act Plaintiff clearly satisfies the intentional act requirement as to Dazheng, Haier, and Jinhui. … Sovereign Immunity Haier moves to dismiss the action in its entirety because a necessary and indispensable party — the People’s Republic of China (“PRC”) — is immune from this suit. (Haier Mot. at 1, 8-21.)

Cohen v. San Bernardino Valley College

883 F. Supp. 1407 · District Court, C.D. California · Apr 14, 1995

and are not considered “persons” under 42 U.S.C. § 1983 . 5 On October 31, 1994, the Court ruled that the individual defendants are entitled to qualified immunity from damages under § 1983. … The concept of academic freedom, however, is more clearly established in academic literature than it is in the courts. See generally Symposium, Academic Freedom in a Changing Society, 66 Texas L.Rev. 1247 (1988).

Allen v. Academic Games Leagues of America, Inc.

831 F. Supp. 785 · District Court, C.D. California · Sep 14, 1993

Advice of this nature from a licensed attorney would clearly establish a conflict of interest under Rule 3-310(E). Wright’s actions fail to establish an attorney-client relationship with plaintiff. … Wright’s extensive and lengthy involvement with NAGP, his failure to resign in a timely fashion and his personal involvement with the representation of defendants clearly establish a significant conflict of interest.

Brown v. Ruckelshaus

364 F. Supp. 258 · District Court, C.D. California · Sep 7, 1973

SOVEREIGN IMMUNITY The Defendant asserts that the United States, as sovereign, is immune *261 from suit unless it consents to be sued. United States v. … Even if these programs would otherwise qualify for grants, the lack of allotted funds would preclude the Administrator from granting them funds.” 8 Similarly, in City of New York v.

Lourdes Toman v. Jerry Glomboske

District Court, C.D. California · Dec 27, 2021

Officers who violate a clearly established 13 constitutional right are not entitled to qualified immunity. 14 Here, because the Court has determined that Plaintiffs’ constitutional 15 rights were violated … Qualified Immunity 4 Likewise, a genuine issue of material fact exists regarding whether 5 Macshane and McCaskill are entitled to qualified immunity.

Wright v. Federal Bureau of Investigation

381 F. Supp. 2d 1114 · District Court, C.D. California · Jun 10, 2005

The third factor that plaintiff must address is whether the information sought is clearly relevant to an important issue in the case. … Here, plaintiff issued press releases, held press conferences, and established a website discussing the information of which he now complains.

Geoffrey Strehl v. Guitar Center, Inc.

District Court, C.D. California · Feb 26, 2024

If only a portion of the material on a page qualifies for 21 protection, the Producing Party also must clearly identify the protected portion(s) 22 (e.g., by making appropriate markings in the margins). … If only a 4 portion of the material on a page qualifies for protection, the Producing Party also 5 must clearly identify the protected portion(s) (e.g., by making appropriate markings 6 in the margins).

Sykes Laboratory, Inc. v. Kalvin

610 F. Supp. 849 · District Court, C.D. California · Jun 3, 1985

Plaintiff’s trademark, “Sykes’ Perfect Nail,” has achieved sufficient secondary meaning to qualify as a strong, well-recognized mark. See Toho Co., 645 F.2d at 793 ; Olay Company, Inc. v. … Public Service Commission of New York, 447 U.S. 557, 563 , 100 S.Ct. 2343, 2350 , 65 L.Ed.2d 341 (1980), this fact alone does not immunize defendants’ conduct from regulation.

Professional Towing, LLC v. The City of Orange

District Court, C.D. California · Aug 22, 2023

Miller, 14 F.4th 1021, 1027 (9th Cir. 2021) 19 (holding qualified immunity barred § 1983 liability for due process claims unless 20 the plaintiff’s constitutionally protected property interest was clearly established) … Since this 5 right was not clearly established when the Individual Defendants voted on the RFP 6 responses, they have qualified immunity for Plaintiff’s due process claims. 7 6.

Sysco Riverside, Inc. v. International Brotherhood of Teamsters Local No. 495

District Court, C.D. California · Jan 13, 2020

If only a portion or portions of the material on a page 3 qualifies for protection, the Producing Party also must clearly identify the protected 4 portion(s) (e.g., by making appropriate markings in the margins). … If only a portion or portions of the 14 material on a page qualifies for protection, the Producing Party also must clearly 15 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 16