Case law

Marquez v. Hardin

339 F. Supp. 1364 · District Court, N.D. California · Sep 5, 1969

In a “notice” dated October 18, 1968, 33 Fed.Reg. 15674, the acting Secretary of Agriculture set forth criteria which State agencies or CFPDOs must meet by July 1, 1969 in order to qualify for a government grant. … As with the National School Lunch Program, the Home Owners’ Act does not specifically mention or rely upon the commerce power but purposes involving it are clearly part of it.

Fischel v. Equitable Life Assurance

191 F.R.D. 606 · District Court, N.D. California · Mar 7, 2000

Plaintiffs are former Equitable life insurance agents who allege that defendant violated the Employee Retirement Income Security Act of 1974 (“ERISA”) and its contractual obligations by eliminating certain methods for qualifying … Clearly, the advice given is rendered in anticipation of litigation between the company and its agents.

In re Naturalization of Roble

207 F. Supp. 384 · District Court, N.D. California · Jun 28, 1962

Petitioner’s claim is that he is entitled to the benefits of Section 2 of the Act of August 16, 1940, in order to qualify under Section 324. He states: “1. … Clearly, it is the teaching of the Menasche case, and we are satisfied it was the intent of Congress, that the savings clause is not limited to cases involving affirmative action * * * but its preservation feature should

Guillory v. Contra Costa County

District Court, N.D. California · Jul 16, 2025

DeJesus is entitled to the absolute immunity afforded to parole officers engaging in their 6 duties, and DAPO is entitled to Eleventh Amendment immunity. … immunity.

Gilroy Canning Co. v. CALIFORNIA CANNERS AND GROW.

15 F. Supp. 2d 943 · District Court, N.D. California · Jul 21, 1998

Clearly this is true for pre-litigation cleanup costs. Meghrig v. … Conclusion Defendant has failed to establish that it is entitled to judgment as a matter of law, and thus its motion is DENIED. 1 .

Conner v. Raver

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

Connor argues that Raver can be held 23 individually liable and is not entitled to qualified immunity. ECF No. 11 at 12. 24 The parties’ arguments as to qualified immunity are irrelevant. … The complaint names 25 Raver in her official capacity, ECF No. 1 ¶ 8, and the defense of qualified immunity is 26 “unavailable” “[i]n an official-capacity action.” Kentucky v.

Richards v. Department of Building Inspection of The City and County of San Francisco

District Court, N.D. California · Nov 19, 2021

Defendants Are Not Entitled to Qualified Immunity 1 functions “from liability for civil damages insofar as their conduct does not violate clearly 2 established statutory or constitutional rights of which a reasonable … established law’ should not be 20 defined ‘at a high level of generality’” for the purpose of qualified immunity.

Scalant v. Santa Cruz County Jail Sheriffs Administration

District Court, N.D. California · Jan 6, 2025

App’x 245, 247 (9th Cir. 2021) (affirming summary judgment on pretrial detainee’s claim, where he established only a difference of medical opinion). … Defendant is advised that summary judgment cannot be granted, nor qualified immunity found, if material facts are in dispute.

Fireman's Fund Ins. v. Plant Insulation Co.

485 B.R. 203 · District Court, N.D. California · Oct 9, 2012

Co., 223 U.S. 1, 50 , 32 S.Ct. 169 , 56 L.Ed. 327 (1912)) (“[o]ur cases have clearly established that a person has no property, no vested interest, in any rule of the common law” (internal quotation marks omitted)). … Among other things, the establishment of such rights would require a judgment in the Coverage Action. .

California Spine and Neurosurgery Institute v. National Association of Letter Carriers Health Benefit Plan

District Court, N.D. California · Jul 12, 2021

Of course, not every action that a private carrier takes while administering a FEHBA plan on OPM’s behalf would qualify as an action taken “under” the agency’s authority. … Taken together, this is enough to establish a colorable defense of sovereign immunity. Whether the defendants ultimately prevail on that defense remains a question for another day.

Weston v. Deputy Sheriff 2549

District Court, N.D. California · Jul 23, 2025

Montaubaum actions, it is well-established that a dismissal for frivolity 17 constitutes a strike. … Weston therefore likely does not qualify for the imminent danger D. Conclusion In light of these dismissals, and because Mr.

Caldwell v. Caldwell

420 F. Supp. 2d 1102 · District Court, N.D. California · Mar 20, 2006

Hays, 515 U.S. 737, 743 , 115 S.Ct. 2431 , 132 L.Ed.2d 635 (1995) (burden on plaintiff “clearly to allege facts demonstrating that [plaintiff] is a proper party to invoke judicial resolution of the dispute”). … First, as the court stated in its prior order, plaintiff nowhere alleges any type of qualifying “legislative enactment” or congressional act.

WhatsApp Inc. v. NSO Group Technologies Limited

District Court, N.D. California · Jul 16, 2020

(quoting Ex parte Peru, 318 U.S. 578, 587 (1943)). 16 At this second step, the court will grant immunity if “the ground of immunity is one which it 17 is the established policy of the [State Department] to recognize … Jacobs Eng’g Grp., Inc., 790 F.3d 641, 647 (6th Cir. 2015) (“Yearsley immunity is, in our opinion, closer in nature to qualified 24 immunity

Risby v. Hawley

District Court, N.D. California · Nov 22, 2024

The 13 rights, privileges and immunities that section 1985(3) vindicates must be found elsewhere. … Therefore, Plaintiff has not stated a RICO claim 18 for the purposes of establishing federal jurisdiction. 19 IV.

Adams v. Jefferson Union High School District

District Court, N.D. California · Dec 12, 2019

Cal. 1993) 1 immunity and are therefore immune from liability under section 1983.”); Bratton v. Bd. of 2 Educ. of Emery Unified Sch. Dist., Case No. 92-cv-4510-FMS, 1997 WL 797943, at *2 3 (N.D. Cal. … The court can identify no way to determine, based 17 on a mere look to the language of the CBA, whether the weight training classes plaintiff 18 allegedly taught qualify as “0 periods.”

United States v. $191,910 in U.S. Currency

788 F. Supp. 1090 · District Court, N.D. California · Feb 7, 1992

The cases cited by the government in support of its position merely stand for the proposition that “the mere fact of the illegal seizure, standing alone, does not immunize the goods from forfeiture.” … The Buckwalter evidence cannot be used to establish this element.

Hasan v. Tigar

District Court, N.D. California · Sep 16, 2019

Ray, 386 U.S. 547, 553–55 (1967) (judges 11 immune from liability for damages for acts committed within their judicial discretion; immunity 12 extends to suits under 42 U.S.C. § 1983); see also Stump v. … of judicial immunity” is clearly contrary to well-established law. 18 Plaintiff also moves for the Court to order “its judicial officer” to provide financial 19 disclosure documents.

Baker v. Atchley

District Court, N.D. California · Mar 3, 2023

Furthermore, supervisor defendants are 15 entitled to qualified immunity where the allegations against them are simply “bald” or 16 “conclusory” because such allegations do not “plausibly” establish the supervisors’ … Defendant is advised that summary judgment cannot be granted, nor 13 qualified immunity found, if material facts are in dispute.

Constantin v. Navarrete

District Court, N.D. California · Sep 5, 2023

Quasi-Judicial Immunity 1 barred by quasi-judicial immunity. Dkt. No. 7 at 7-10. … Navarrete is immune from liability for damages for these actions.

Redd-Oyedele v. Santa Clara County Office of Education

District Court, N.D. California · Dec 11, 2020

Gov’t C. §§ 912.4, 945.4, and because SCCOE is entitled to 23 Eleventh Amendment immunity on that cause of action. Id. at 9-10, 14. … establish that Plaintiff sued Dewan in her official capacity.” 24 Dkt. 24 at 7.