Case law

Harris v. Bolger

599 F. Supp. 1414 · District Court, C.D. California · Dec 26, 1984

To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection.” … giving to her the benefit of the doubt, it is arguable that plaintiff has established a prima facie case of discrimination as to the termination of her employment. (8) However, the defendant has clearly established valid

Bassilios v. City of Torrance

166 F. Supp. 3d 1061 · District Court, C.D. California · Dec 4, 2015

Plaintiff is a Qualified Person with a Disability. The undisputed facts establish that Plaintiff is a qualified person with a disability. … Plaintiff is therefore qualified to use and benefit from curbside parking in Torrance, so she has established that she is a qualified individual with a disability. 3.

Brown v. County of San Bernardino

250 F. Supp. 3d 568 · District Court, C.D. California · Apr 17, 2017

Defendants also contend they are entitled to qualified immunity. … The defense of qualified immunity protects government officials from - liability for civil damages as long as their conduct does not violate clearly established constitutional or statutory rights of which a reasonable person

Hatter v. Dyer

154 F. Supp. 3d 940 · District Court, C.D. California · Dec 31, 2015

Moreover, for those actors covered by qualified immunity, a plaintiff must still show that the official did not believe in good faith that’ his or her conduct was rationally related and proportionally measured to achieve … In other words,' is there anything about a “conditions of confinement”' case that renders Kingsley “clearly irreconcilable” with Hallstrom in a way that it was not “clearly irreconciliable” with Clouthier ?

Wible v. Aetna Life Insurance

375 F. Supp. 2d 956 · District Court, C.D. California · Jun 20, 2005

Wible was “clearly not disabled on the basis of her SLE.” ■ He stated that Ms. … Burton questioned these assertions or explained why they believed a physician who is not qualified to treat a Lupus patient is qualified to evaluate the disability status of a patient who claimed to have Lupus.

Doyle v. United States

530 F. Supp. 1278 · District Court, C.D. California · Jan 28, 1982

Nor is General Haldane’s decision to discharge Carson protected by the doctrine of judicial immunity. … In the court’s view, these provisions were clearly not intended to protect the public and cannot form the basis of a claim here.

Crane v. Arizona Republic

729 F. Supp. 698 · District Court, C.D. California · Dec 28, 1989

First, defendant claims that the article is immune under the California Civil Code section 47(4) which renders absolutely immune “fair and true” reports of a “public proceeding” by a public journal. … The House Select Committee was fully aware of these wild accusations but clearly felt that Vann’s testimony was credible.

Ahmad Raheem Price v. Ruslan Yeramishyn

District Court, C.D. California · Oct 25, 2024

The Final R&R correctly ruled there was (and is) no such “clearly 16 established” requirement. … F), Defendants 5 are entitled to qualified immunity and Plaintiff may not reassert these claims.

UMG Recordings, Inc. v. Veoh Networks Inc.

665 F. Supp. 2d 1099 · District Court, C.D. California · Sep 11, 2009

Congress means to incorporate the established meaning of these terms.’ ” Id. … Veoh objects that these affiants are not qualified as experts and argues that their testimony is irrelevant.

Trans World Airlines, Inc. v. American Coupon Exchange, Inc.

682 F. Supp. 1476 · District Court, C.D. California · Mar 24, 1988

TWA has established that ACE’s purchase and sale of FFB award certificates meet these requirements. … Characterizing TWA as a manufacturer of FFB award certificates, the vertical restraint it imposes on the distribution of its product is clearly reasonable and performs certain efficiencies.

Hendrickson v. Amazon. Com, Inc.

298 F. Supp. 2d 914 · District Court, C.D. California · Dec 8, 2003

Because Amazon qualifies as an ISP under the DMCA, it is entitled to the safe harbor affirmative defense against a claim of vicarious copyright infringement if it establishes the following three elements: A. … Thus, Amazon has proven that it qualifies for the safe harbor affirmative defense of the DMCA.

Donovan v. Mobley

291 F. Supp. 930 · District Court, C.D. California · Sep 17, 1968

The parties have readily agreed, and it clearly appears to the Court, that defendants, Askew and Reinbold, were acting under color of state law. … Defendants, Askew and Rein-bold, have attempted to insulate themselves from liability by seeking to invoke the protective cloak of the so-called governmental immunity doctrine.

In re Quality Systems, Inc. Securities Litigation

60 F. Supp. 3d 1095 · District Court, C.D. California · Oct 20, 2014

(See Order at 1102 [“[T]he alleged statements are forward-looking and, as discussed below, qualify for safe harbor under either ground.” (emphasis added) ].) … However, Eminence does not stand for such a blanket rule and clearly states that dismissal with prejudice may be appropriate if “it is clear on de novo review that the complaint could not be saved by amendment.”

Haley v. Medtronic, Inc.

97 Daily Journal DAR 7401 · District Court, C.D. California · Dec 12, 1996

As the party seeking class certification, the burden is on plaintiff to establish a prima facie showing of each of the prerequisites of Ride 23(a) of the Federal Rules of Civil Procedure and to establish an appropriate ground … This standard clearly seems satisfied by this common fact alone.

Hootkins v. Napolitano

645 F. Supp. 2d 856 · District Court, C.D. California · Apr 28, 2009

of a citizen, even though fhe qualifying marriage has terminated by death. … Defendants dispute that a petition is enforceable against a deceased petitioner, arguing that because the statute clearly requires that a sponsor be an "individual," the deceased's estate cannot qualify.

Newberry v. City of San Bernardino (In re City of San Bernardino)

558 B.R. 321 · District Court, C.D. California · Sep 19, 2016

This clearly reduces money available to the estate, and thus reduces the pot of money available to distribute to creditors. … The parties should not construe this as a determination that Newberry’s claims in fact qualify as administrative expenses, or what the priority of Newberry’s specific claims should be.

Galvez v. Howerton

503 F. Supp. 35 · District Court, C.D. California · Aug 20, 1980

The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates … In the present case, as in Yoo , the petitioners were clearly eligible for permanent resident status at the time they filed their applications.

Donna Haas v. Travelex Insurance Services Inc.

District Court, C.D. California · Apr 6, 2021

If only a portion or portions of the 27 material on a page qualifies for protection, the Producing Party also must clearly 1 identify the protected portion(s) (e.g., by making appropriate markings in the 2 margins). … If only a 12 portion or portions of the material on a page qualifies for protection, the Producing 13 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 14 markings in the margins

Perfect 10 v. Google, Inc.

416 F. Supp. 2d 828 · District Court, C.D. California · Feb 17, 2006

Under this standard, Google clearly benefits financially from third parties’ displays of PlO’s photos. … Google also contends that it qualifies for protection under each of the four DMCA safe harbors, 17 U.S.C. § 512 (a)-(d).

Villegas v. the Pep Boys Manny Moe & Jack of Cal.

551 F. Supp. 2d 982 · District Court, C.D. California · May 6, 2008

Applying Auer deference, the DOL’s interpretation of 29 C.F.R. 2510.3 — 1(b) in the Denny’s opinion is not clearly erroneous nor inconsistent with the regulation. … While a separate fund paying vacation benefits does not by itself establish an ERISA plan, as recognized by the DOL in the Denny’s opinion, this type of arrangement serves to distinguish a fund that might qualify as an ERISA