Case law

Encuentro Del Canto Popular v. Christopher

930 F. Supp. 1360 · District Court, N.D. California · Apr 22, 1996

It is well established that the decision of a consular official to deny an alien’s request for a visa, even if erroneous, is immune from judicial review. See, for example, Li Hing v. … The court held that “plenary congressional power to make policies and rules for exclusion of aliens has long been firmly established.

Baca v. Anderson

District Court, N.D. California · Jun 6, 2024

Id.7 17 Qualified immunity cannot be resolved on this motion. … Sanford, 991 F.3d 1027, 1033, 11 1037 (9th Cir. 2021) (explaining the question for qualified immunity is whether “clearly 12 established law prohibited” the officer “from using the degree of force that he did in the

Lenz v. Universal Music Corp.

572 F. Supp. 2d 1150 · District Court, N.D. California · Aug 20, 2008

Whether fair use qualifies as a use “authorized by law” in connection with a take-down notice pursuant to the DMCA appears to be an issue of first impression. … If copyright owners are immune from liability by virtue of ownership alone, then to a large extent Section 512(f) is superfluous.

Rocha v. City of Antioch

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

immunity. … immunity, as Rocha fails to cite to any 20 "clearly established law," such that, at the time of the challenged conduct, "every 21 reasonable official would have understood" that the decision to use a WRAP violated

State of California v. Department of Navy

631 F. Supp. 584 · District Court, N.D. California · Apr 2, 1986

In view of the strict reading that must be given when sovereign immunity is at stake the intent to include states must be clearer than it is now. … Congress clearly contemplated that states would seek civil and criminal penalties in state court under state law.

Constantin v. Navarrete

District Court, N.D. California · Mar 10, 2025

A “qualified individual” is 13 someone who “was otherwise qualified to participate in or receive the benefit of some public 14 entity’s services, programs, or activities.” Prado v. … Constantin has not established a likelihood of future injury warranting the 8 declaratory relief he seeks in the proposed SAC. Dkt.

Catholic League for Religious & Civil Rights v. City & County of San Francisco

464 F. Supp. 2d 938 · District Court, N.D. California · Nov 30, 2006

qualified to be parents as are heterosexual couples.” … When legislation in favour of the recognition of homosexual unions is proposed for the first time in a legislative assembly, the Catholic law-maker has a moral duty to express his opposition clearly and publicly and to vote

Kanawi v. Bechtel Corp.

590 F. Supp. 2d 1213 · District Court, N.D. California · Nov 3, 2008

First of all, the evidence does not clearly establish whether retaining FIA was a prohibited transaction with a “party in interest” under § 406(a). … Because there appear to be genuine disputes about whether the Plan was a 404(e)-qualified Plan, this issue is inappropriate for summary judgment.

East Bay Water Co. v. McLaughlin

24 F. Supp. 222 · District Court, N.D. California · Aug 21, 1938

Later, in 7 Cal.R.C. 787, the Commission said: “The Commission thus clearly stated that the value found was one for the purpose of the present proceeding only. … It was clearly in excess of 25%. Similar rulings have been made frequently. See *226 Bluefield Water Works & Improvement Co. v.

Wood v. County of Alameda

875 F. Supp. 659 · District Court, N.D. California · Jan 30, 1995

Plaintiff alleges that the County’s actions represent a denial of “reasonable accommodation” to a “qualified individual with a disability” in violation of the Americans With Disabilities Act (“ADA”), 42 U.S.C. § 12101 et … LEGAL STANDARD [1-3] Under Federal Rule of Civil Procedure 12(c), judgment on the pleadings is proper when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved

Rubalcava v. City Of San Jose

District Court, N.D. California · Jul 15, 2021

Qualified Immunity 23 The City Defendants seek dismissal of all Rubalcava’s claims against the individual SJPD 24 officers on the basis of qualified immunity. … “The doctrine of qualified immunity protects 25 government officials from liability for civil damages insofar as their conduct does not violate 26 clearly established statutory or constitutional rights of which a reasonable

In re Bautista

245 F. 765 · District Court, N.D. California · Nov 5, 1917

The act would clearly have no such effect. … The power to establish rules of naturalization is vested exclusively in Congress, and a rule so established must be observed by the courts. Chirac v. Chirac, 2 Wheat. 259, 268 , 4 L. Ed. 234 ; United States v.

In re Hoo

63 F. Supp. 439 · District Court, N.D. California · Nov 13, 1945

If this marriage is valid, petitioner is qualified for citizenship. … The petitioner must, by satisfactory evidence, establish the validity of his marriage, before he may acquire the valued gift of citizenship.

Segovia v. Shoenmann

404 B.R. 896 · District Court, N.D. California · Mar 30, 2009

A decision to extend benefits is not the establishment of a plan or program. … For these reasons, the court concludes that the bankruptcy court’s finding that the LTICP does not constitute an ERISA plan was not clearly erroneous. 8 B.

Cleveland v. United States

546 F. Supp. 2d 732 · District Court, N.D. California · Apr 18, 2008

This waiver of sovereign immunity is limited by certain statutory exceptions. … Alternatively, they must establish the existence of material issues of disputed fact as to any element that they have not affirmatively established.

Stiener v. Apple Computer, Inc.

556 F. Supp. 2d 1016 · District Court, N.D. California · Mar 12, 2008

Thus, in Shroyer , the court had little problem finding $69.98 in damages also qualified as a “small amount of damages” for this step of the test. … Rather clearly, AT & T used its superior bargaining power to carry out a scheme to deliberately cheat large numbers of consumers out of individually small sums of money. 4.

Rollins v. Dignity Health

338 F. Supp. 3d 1025 · District Court, N.D. California · Sep 6, 2018

Plaintiffs also allege that even if the Dignity Plan could otherwise qualify as a church plan, the church plan exemption as claimed by Dignity violates the Establishment Clause. … Instead, Defendants argue that Dignity Health and the Sub-Committee "are clearly associated with the Catholic Church." Id. at 29.

Harris v. VECTOR MARKETING CORP.

656 F. Supp. 2d 1128 · District Court, N.D. California · Sep 4, 2009

Harris — and most factors do not clearly weigh in favor of either. … Harris was clearly an independent contractor rather than an employee. 2 C.

United States v. 500 Pounds, More or Less, of Veal & Beef

319 F. Supp. 966 · District Court, N.D. California · Nov 20, 1970

Defendants argue that the procedures for seizure and condemnation set up by §§ 672, 673 must be seen as qualifying and controlling any powers enjoyed by the Department under the old Act. … Those sections of Sub-chapter IV are clearly labeled “auxiliary”. The earlier, older sections of the Act remain its heart and soul.

Leahy v. Farmon

177 F. Supp. 2d 985 · District Court, N.D. California · Oct 26, 2001

Because its analysis of that error and its effect cannot be said to have resulted in a decision contrary to “clearly established Federal law,” habeas relief is not warranted. i. … established Federal law.