Case law

Bey v. Malec

District Court, N.D. California · Apr 28, 2020

In the alternative, defendants argue that they are entitled 27 to qualified immunity. … still be entitled to qualified immunity.

Sabir

District Court, N.D. California · Feb 4, 2026

claims that are frivolous, malicious, fail to state a claim 9 upon which relief may be granted or seek monetary relief from a defendant who is immune … Furthermore, supervisor defendants are entitled to qualified immunity 19 where the allegations against them are simply “bald” or “conclusory” because such 20 allegations do not “plausibly” establish the supervisors’

Harper v. City of San Jose

District Court, N.D. California · Dec 10, 2021

These facts are sufficient to plead 9 an ITED claim at this juncture. 10 Finally, Defendants in one sentence in their Motion raise the issue of qualified immunity. 11 See Motion at 7 (stating that … Sergeant Sciba is entitled to qualified immunity for his training 12 || presentation).

Harper v. City of San Jose

District Court, N.D. California · Dec 10, 2021

These facts are sufficient to plead 9 an ITED claim at this juncture. 10 Finally, Defendants in one sentence in their Motion raise the issue of qualified immunity. 11 See Motion at 7 (stating that … Sergeant Sciba is entitled to qualified immunity for his training 12 || presentation).

Kacludis v. GTE Sprint Communications Corp.

806 F. Supp. 866 · District Court, N.D. California · Oct 1, 1992

Id. at 217, n. 6 , 228 Cal.Rptr. 160 , 721 P.2d 41 . 10 .This assumes that the privilege is in fact a qualified one at all. … The caselaw is split, with some cases holding the privilege to be absolute and others holding it to be qualified. See Aalgaard v.

Kohn v. State Bar of California

District Court, N.D. California · Oct 27, 2020

Id. at 533–34. 16 The Court left open whether other violations of the Fourteenth Amendment could 17 establish whether Congress validly abrogated state sovereign immunity. 18 In United States v. … Plaintiff’s claim also fails because the Unruh Act only 15 applies to “business establishments,” Cal. Civ.

Kaufman and Broad-South Bay v. Unisys Corp.

868 F. Supp. 1212 · District Court, N.D. California · Nov 30, 1994

Rather United Technologies clearly holds that only innocent parties may bring cost recovery actions and makes no distinction between liable parties who have been forced to incur cleanup costs and those who have done so voluntarily … In order to qualify as an innocent landowner and take advantage of the third party defense, K & B must establish that (1) it acquired the facility after the initial deposit of the hazardous substances; (2) at the time of

L. Tarango Trucking v. County of Contra Costa

202 F.R.D. 614 · District Court, N.D. California · Aug 27, 2001

WBEs”) who are ready, willing and otherwise qualified to enter into contracts to perform work for the County now and who will be ready, willing and otherwise qualified to do so in the future and their women owners. … Plaintiffs further seek that the following facts be deemed to be established: 1.

Zuegel v. Mountain View Police Department (MVPD)

District Court, N.D. California · Aug 27, 2020

QUALIFIED IMMUNITY 7 “The doctrine of qualified immunity protects government officials from liability for civil 8 damages ‘unless a plaintiff pleads facts showing (1) that … Katz, 533 U.S. 194 (2001), the Supreme Court set forth a 12 two-part approach for analyzing qualified immunity. The analysis contains both a constitutional 13 inquiry and an immunity inquiry. Johnson v.

Torres

District Court, N.D. California · Oct 17, 2025

that the allegation of poverty is untrue, or that the action (1) is frivolous or 13 malicious, (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief 14 against a defendant who is immune … The complaint, therefore, must allege facts that plausibly establish the 18 defendant’s liability. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555–57 (2007).

Jones v. County of Marin

District Court, N.D. California · Feb 1, 2024

any clearly established wrongful act.” … immunity.”

Massachusetts Mutual Life Insurance v. Cerf

177 F.R.D. 472 · District Court, N.D. California · Jan 16, 1998

As discussed above, this argument is clearly without merit. Second, Cerf argues that the requested discovery is prohibited by Fed.R.Evid. 608. … generally regarded as the leading case on attorney depositions, the Eighth Circuit Court of Appeals explained the judicial attitude toward such depositions as follows: We do not hold that opposing trial counsel is absolutely immune

Nidez v. IRS

District Court, N.D. California · Mar 7, 2025

review the court must identify any cognizable claims, and 20 dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief 21 may be granted, or seek monetary relief from a defendant who is immune … Id., Ex. 4. 13 Question 15 asked “Does someone who is incarcerated qualify for the Payment [i.e., an EIP]?”

Gomez v. Garcia

District Court, N.D. California · Jan 17, 2023

Plaintiff argued at the 22 hearing that Defendant Garcia was not legally qualified to make the final conclusion that 23 the tablet was altered or to determine that it qualified as a “wireless device component” 24 … First of all, 10 Plaintiff was not placed in segregation or assessed good-time credits which clearly 11 implicate liberty interests.

United States v. Adeyemo

624 F. Supp. 2d 1081 · District Court, N.D. California · Apr 4, 2008

Hugs found that the defendants lacked standing to challenge the eagle parts permitting system where they asserted not that they were unable to qualify for the type of permit in question, but that, even though they qualified … If Defendant establishes that the prosecution substantially burdens his free exercise of religion, the burden shifts to the Government to establish that prosecuting Defendant is the least restrictive means of furthering a

Beasley v. Lucky Stores, Inc.

379 F. Supp. 3d 1039 · District Court, N.D. California · May 10, 2019

Original Jurisdiction under CAFA "[I]t is the proponent's burden to establish a prima facie case of removal jurisdiction." See Serrano , 478 F.3d at 1021 . … Nov. 21, 2005) (holding "[b]ecause the term ["principal injuries"] is facially ambiguous and there is no clearly applicable meaning derivable from the case law, it is ... appropriate to look at the legislative history").

Estate of Charles Chivrell v. City of Arcata

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

State Defendants argue that a 26 reasonable belief in probable cause for an arrest is grounds for summary judgment based on 27 qualified immunity for illegal search and seizure. Dkt. … State Defendants 3 sufficiently contend that this issue is critical to their qualified immunity defense and explain why. 4 Accordingly, the Court grants the Plaintiffs’ motion to strike State Defendants’ Fourteenth

Gibson

District Court, N.D. California · Dec 11, 2025

review, the court must identify any 2 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 3 upon which relief may be granted or seek monetary relief from a defendant who is immune … Furthermore, supervisor defendants are entitled to qualified immunity 1 allegations do not “plausibly” establish the supervisors’ personal involvement in their 2 subordinates’ constitutional wrong.

UCP International Co. v. Balsam Brands Inc.

252 F. Supp. 3d 828 · District Court, N.D. California · May 9, 2017

Med Immune, at 1318, 127 S.Ct. 764 (internal citations omitted). UCP has satisfied this burden. I. … Because it has not done so these requests are clearly deficient. The requests to seal these documents are also DENIED.

Heath v. Google Inc.

215 F. Supp. 3d 844 · District Court, N.D. California · Oct 5, 2016

To establish a prima facie case of an ADEA violation, the plaintiff must show, among other things, that he was qualified for the position. Reeves v. … The Court's case scheduling order clearly required Heath to file this motion no later than March 11, 2016. He was four months late in bringing this motion.