Case law

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  • Garcia v. County of Napa

    District Court, N.D. California · Apr 26, 2023

    Ackman was entitled to qualified immunity and granted summary judgment in favor of 23 Defendants as to the federal claims. Garcia v. Cnty. of Napa, No. 21-CV-03519-HSG, 2023 WL 24 355148, at *11 (N.D. Cal. … This case involved a particularly challenging 18 application of the second prong of qualified immunity, as well as interpretation of a new Ninth 19 Circuit case decided after the Court held the hearing on the motion

    Cited 0 timesUnknown
  • Reiffin v. Microsoft Corp.

    158 F. Supp. 2d 1016 · District Court, N.D. California · Mar 30, 2001

    An evaluation of the strength or weakness of a party’s case, however, does not qualify as the type of personal bias contemplated by section 144. See Henderson, 901 F.2d at 1296 . … As stated, he clearly has not made such a showing. Moreover, several additional factors suggest that the likelihood of irreparable harm is low here.

    Cited 18 timesPublished
  • Lockheed Missile & Space Co. v. Hughes Aircraft Co.

    887 F. Supp. 1320 · District Court, N.D. California · Jun 7, 1995

    On June 9,1995, the government is expected to decide which of the three contractors are qualified to be selected for the next phase of the project. … G, clearly envisioning the need for further negotiations.

    Cited 97 timesPublished
  • Granite Rock Co. v. California Coastal Commission

    590 F. Supp. 1361 · District Court, N.D. California · May 21, 1984

    The CCC itself was originally named as a defendant but was dismissed by this Court based on its immunity from suit under the Eleventh Amendment. See Alabama v. … The second Act authorizes the sale of federal land to qualified holders of unpatented mining claims found to be invalid. The third Act establishes mandatory health and safety standards for miners.

    Reversed on other grounds by Granite Rock Company, a Corporation v. California Coastal Commission, an Administrative Agency of the State of California, 768 F.2d 1077 (1985)Cited 4 timesPublished
  • Steshenko v. Board of Trustees of Foothill-De Anza Community College District

    District Court, N.D. California · Sep 5, 2025

    immunity immunity and retrospective without LTA – 1 … These allegations do not plausibly establish or create an inference 1 inability to enroll in the practicum courses.

    Cited 0 timesUnknown
  • In Re Hsia

    183 B.R. 201 · District Court, N.D. California · Jun 8, 1995

    It is well established that a court determines a debtor’s right to an automatic homestead as of the date of the filing of the petition in bankruptcy. Owen v. … In the case at bar, debtor/appellant qualifies for an automatic exemption under the provisions of Cal.Code Civil Proc. § 704.730(a)(2). This exemption amounts to $75,000.00.

    Cited 1 timesPublished
  • Filice v. United States

    621 F. Supp. 1184 · District Court, N.D. California · Nov 20, 1985

    Plaintiffs have clearly prevailed in the action; they received refund checks total-ling $2,757.22 on May 30, 1985, in satisfaction of the amount claimed in the complaint, including interest. 2. … its answer to plaintiff’s complaint ..., the government knew or should have known that plaintiff’s charitable contributions which had *1187 been disallowed by the IRS, ... had in truth and in fact been made to a bona fide qualified

    Cited 2 timesPublished
  • Stafford v. Social Security Admin.

    437 F. Supp. 2d 1113 · District Court, N.D. California · Jun 28, 2006

    By contrast, CPS was not investigating whether Plaintiff qualified for a parallel state or local income maintenance program, but rather whether G.S. should be removed from Plaintiffs home. … The stress also weakened my immune system, contributing to numerous severe skin infections subsequent to the incident”). There is evidence that both Drs.

    Cited 3 timesPublished
  • Coho Salmon v. Pacific Lumber Co.

    61 F. Supp. 2d 1001 · District Court, N.D. California · Mar 22, 1999

    Environmental organizations therefore qualify as a “person” and may bring suits under the ESA in their own name. II. … Finally, an environmental organization such as EPIC or the Sierra Club *1008 may have standing to sue “in its own right ... to vindicate whatever rights and immunities the association itself may enjoy,” and in doing so, “

    Cited 1 timesPublished
  • Dragovich v. United States Department of the Treasury

    848 F. Supp. 2d 1091 · District Court, N.D. California · Jan 26, 2012

    Hardwick, 478 U.S. 186 , 106 S.Ct. 2841 , 92 L.Ed.2d 140 (1986) ], it ‘undercut the theory [and] reasoning underlying’ High Tech Gays and Philips ‘in such a way that the cases are clearly irreconcilable,’ under Miller v. … Plaintiffs have not demonstrated how their allegations, if proven, would establish an equal protection violation based on sex discrimination. II.

    Cited 3 timesPublished
  • Rambus Inc. v. Hynix Semiconductor Inc.

    254 F.R.D. 597 · District Court, N.D. California · Dec 29, 2008

    An expert must be qualified by virtue of his or her “knowledge, skill, experience, training, or education.” FRE 702. … The parties dispute what the proponent of commercial success evidence must establish before such evidence is admissible.

    Cited 7 timesPublished
  • Richter v. Ausmus

    District Court, N.D. California · Mar 24, 2020

    QUALIFIED IMMUNITY 12 Defendants request that I grant them qualified immunity, but provide no analysis of 13 qualified immunity for the individual causes of action. … In general, government 14 officials enjoy qualified immunity from civil damages, including from Section 1983 claims, unless 15 (i) the law governing the official was clearly established, and (ii) under that law, a reasonable

    Cited 0 timesUnknown
  • Waters v. Heublein, Inc.

    485 F. Supp. 110 · District Court, N.D. California · Nov 9, 1979

    Defendants clearly intended to offer plaintiff the sum of $10,000 plus costs. … However, defendants’ offer of judgment herein clearly complied with the good faith and reasonable amount requirements set out in August .

    Cited 24 timesPublished
  • Baldwin

    District Court, N.D. California · Nov 25, 2025

    The court must 15 identify cognizable claims and dismiss claims that are frivolous, malicious, fail to state a claim 16 upon which relief may be granted, or seek monetary relief from a defendant immune from such 17 … A plaintiff 14 accordingly bears the burden of establishing the existence of specific reasonable accommodations 15 that the defendant public entity failed to provide. See id. at 978.

    Cited 0 timesUnknown
  • W. v. Santa Rosa City Schools

    District Court, N.D. California · Jul 1, 2025

    “[G]overnment defendants have the burden of establishing that they are entitled to 2 immunity for an actual policy decision made by an employee who ‘consciously balanc[ed] risks and 3 advantages . . .” AE ex rel. … Cnty. of Tulare, 666 F.3d 631, 640 (9th Cir. 2012) (“It would be odd indeed if a 21 plaintiff included in a Complaint allegations that would establish a basis for finding discretionary 22 act immunity on the part of

    Cited 0 timesUnknown
  • LAURIE Q. v. Callahan

    973 F. Supp. 925 · District Court, N.D. California · May 22, 1997

    Under the Social Security Act (“Act”), a qualified individual or organization may be appointed as a representative payee for an SSI beneficiary. 42 U.S.C. § 1383 (a)(2)(A)(ii)(I). … This is clearly a claim “arising under” sub-chapter II of the SSA.

    Cited 6 timesPublished
  • Horton v. Molina

    District Court, N.D. California · Dec 15, 2020

    Consequently, neither party may receive 11 summary judgment on the excessive force claim. 12 Defendants also argue that Molina is entitled to qualified immunity. … A court 13 considering a claim of qualified immunity must determine whether the plaintiff has 14 alleged the deprivation of an actual constitutional right and whether such right was 15 clearly established such that it

    Cited 0 timesUnknown
  • Sabir

    District Court, N.D. California · Jan 21, 2026

    claims that are frivolous, malicious, fail to state a claim 20 upon which relief may be granted or seek monetary relief from a defendant who is immune … And supervisor defendants are entitled to qualified immunity where 8 the allegations against them are simply “bald” or “conclusory” because such allegations do 9 not “plausibly” establish the supervisors’ personal involvement

    Cited 0 timesUnknown
  • Sierra Club v. United States Postal Service

    386 F. Supp. 1102 · District Court, N.D. California · Nov 1, 1973

    Basically, the determination of mailing status by the Postmaster is an exercise of discretion and will not be interfered with by the courts unless clearly wrong. Bates and Guild Co. v. … It is well established that rulings by administrative agencies do not have the effect of stare decisis on one another.

    Cited 3 timesPublished
  • Golden Gate Restaurant Ass'n v. City of San Francisco

    535 F. Supp. 2d 968 · District Court, N.D. California · Dec 26, 2007

    The Ordinance also establishes a government health care program operated by the Department of Public Health. … The majority of health care options provided for employees by private employers qualify as an “employee welfare benefit plan,” defined by ERISA as “any plan, fund, or program which ... was established or is maintained for

    Cited 4 timesPublished

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