Case law

Coffee v. Google LLC

District Court, N.D. California · Jan 10, 2022

“The majority 25 of federal circuits have interpreted the CDA to establish broad federal immunity to any cause of 26 action that would make service providers liable for information originating with a third-party user … Plaintiffs do not allege that the free download of video games qualifies as “the sale or lease of goods 13 or services” under the CLRA.

United States v. Rozet

183 F.R.D. 662 · District Court, N.D. California · Nov 3, 1998

The agency bears the burden of establishing “the character of the decision, the deliberative process involved, and the role played by the documents in the course of that process.” Strang v. … Although opinion work product requires a stronger showing than ordinary work product, it is not absolutely immune from discovery.

R.H. v. Los Gatos Union School District

33 F. Supp. 3d 1138 · District Court, N.D. California · Apr 2, 2014

It was clearly set out at the end of a short form that Plaintiffs filled out with R.H.’s medical and contact information. … Because the Court dismisses Plaintiffs’ Section 1983 claims on this ground, the Court need not reách Defendants' argument that Defendants are entitled to qualified immunity. See Mot. at 16-17. .

Blevins v. Iwuagwu

District Court, N.D. California · Sep 26, 2019

S. 603, 609 (1999) 4 (qualified immunity analysis same under Bivens and § 1983). Accordingly, when 5 reviewing a Bivens action for which there is no case on point, § 1983 cases may be applied 6 by analogy. … Because the purpose of Bivens is to 14 deter the individual officer, the Bivens remedy does not extend to damages actions against 15 federal agencies, even where individual officers are protected by qualified immunity

Lucus v. Koenig

District Court, N.D. California · Jun 4, 2021

immunity. … to address Defendant’s qualified immunity argument on this claim.

Johnson v. United States

District Court, N.D. California · Sep 12, 2022

Accordingly, 24 that claim must be dismissed because the court does not have jurisdiction to hear the claim.11 25 10 Johnson references “qualified … Johnson 3 must: 4 e Clearly label the complaint “First Amended Complaint.” 5 e Present a single statement of facts that encompasses all facts alleged, including facts in

Lee v. Sullivan

787 F. Supp. 921 · District Court, N.D. California · Mar 26, 1992

We find that the provisions of Section 102 are clearly procedural and remedial under Ninth Circuit authority. … Likewise, Section 102 does not establish any new substantive rights.

Georgia Pacific Corporation v. County of Mendocino

357 F. Supp. 380 · District Court, N.D. California · Apr 12, 1973

The Government’s theory was that the purchases were made by and for the United States for purposes of immunity from state sales taxes. … Georgia-Pacific is, and at all times herein mentioned was, qualified to do business and doing business within the State of California. 5.

Woods v. City of Hayward

District Court, N.D. California · Mar 13, 2020

Qualified immunity protects government 5 officials performing discretionary functions “from liability for civil damages insofar as their 6 conduct does not violate clearly established statutory or constitutional rights … “A police officer 8 generally has qualified immunity for conducting [even] an unconstitutional search if he is acting 9 on the basis of a facially valid warrant.” Barlow v.

Ray v. Kernan

646 F. Supp. 2d 1102 · District Court, N.D. California · Jan 22, 2009

Clearly Established Federal Law “Clearly established federal law, as determined by the Supreme Court of the United States” refers to “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time … may be that only the general principle can be regarded as “clearly established.”

Gatlin v. Contra Costa County

District Court, N.D. California · Aug 16, 2024

Previously, the Court denied County 24 defendants’ bid for qualified immunity on the First Claim, finding plaintiffs had adequately alleged 25 the violation of a constitutional right. Prior Order at 10-12. … According to County defendants, they are 8 therefore entitled to qualified immunity because there was no constitutional violation of Edison’s 9 substantive due process rights.

Kellman v. Spokeo, Inc.

District Court, N.D. California · Apr 19, 2022

To establish statutory standing to sue for a violation of the UCL, a plaintiff must “(1) 20 establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., 21 economic injury, and … “The majority of federal 26 circuits have interpreted the CDA to establish broad federal immunity to any cause of action that 27

Pifferini v. City of Eureka

District Court, N.D. California · Aug 4, 2025

Qualified Immunity 10 Defendants argue that they are entitled to qualified immunity in their individual capacities. 11 However, the Ninth Circuit has cautioned that “[d] … etermining claims of qualified immunity at the 12 motion-to-dismiss stage raises special problems for legal decision making.”

Williams v. Kernan

District Court, N.D. California · Feb 4, 2021

immunity. 6 1. … (granting qualified immunity to officials for deprivation of outdoor 6 exercise during four extended lock-downs over the course of two years); Noble v.

Hatch v. Heckler

626 F. Supp. 1367 · District Court, N.D. California · Feb 6, 1986

These figures, in conjunction with the actual settlement amount, then establish the proportion of EDD’s lien which might reasonably be paid from the settlement. … Under the terms of the settlement, payments of medical expenses clearly had to be made from sources other than the award and hence none of the $86,900 could be excluded from offset.

Friends of the Earth, Inc. v. Mosbacher

488 F. Supp. 2d 889 · District Court, N.D. California · Mar 30, 2007

Global warming and its effects on our planet clearly have gained increased public attention. … Plaintiffs argue that this evidence establishes that Defendants have energy programs, which qualify as major federal actions, and that these programs require a programmatic EIS under NEPA.

Cataphote Corporation v. DeSoto Chemical Coatings, Inc.

235 F. Supp. 931 · District Court, N.D. California · May 19, 1964

Generally, a separate trial should not be granted unless the issue is clearly sever-able from the other issues in the case and does not involve the same evidence. 5 Moore, Federal Practice, Sec. 4203 at 1217 (2d ed. 1951) … However, the test for establishing a reduction to practice is different than the test for establishing an experimental use.

Nevares v. Flose

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

Defendants also contend that they are entitled to qualified 25 immunity, arguing that they did not violate any clearly established right in handcuffing Mr. 26 Nevares, or in detaining him and giving him a citation for … Nevares’s First or Fourth 2g || Amendment rights, disposing of the claims against them, the Court does not reach the issue of qualified immunity.

Whitall v. Gutierrez

District Court, N.D. California · Oct 24, 2023

immunity grounds. … established law.

Nevin v. California

413 F. Supp. 1039 · District Court, N.D. California · Mar 12, 1976

However, Nevin has failed to establish any abridgment of the rights protected by 42 U.S.C. § 1973aa-l. … Blumstein, supra, the state clearly has an interest in regulating its franchise in this regard. See also, Blassman v. Markworth, 359 F.Supp. 1 (N.D.Ill.1973).