Case law

UnifySCC

District Court, N.D. California · Feb 23, 2026

Gov’t Code § 810 et seq., “establishes the basic rules 15 that public entities are immune from [noncontractual] liability except as provided by statute . . . 16 and that public entities are immune where their employees … First, a Title VII claimant files a charge with the EEOC 27 or a “qualifying state agency” (like the CRD) and receives a right-to-sue letter. Scott v.

Milliken v. Studervant

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

whether 25 defendants are entitled to qualified immunity. 26 Government officials are entitled to qualified immunity from suit if the officials did not 27 “violate clearly established … First, that is not the test for qualified immunity. The qualified immunity test asks 3 whether defendants violated a well-established right.

United States v. Hickey

997 F. Supp. 1206 · District Court, N.D. California · Feb 26, 1998

1353-54 (9th Cir.1991) (holding that where defendant *1208 was being prosecuted for tax evasion, the hazards were substantial and real, not remote and speculative because the “production of [the financial] documents would establish … The Court also notes that several circuits have resolved the conflict between the Fifth Amendment rights of a defendant and the interests of the government in limiting court appointment of counsel to financially qualified

Equal Employment Opportunity Commission v. Pacific Press Publishing Ass'n

482 F. Supp. 1291 · District Court, N.D. California · Dec 28, 1979

Cases interpreting the Establishment Clause have clearly rejected arguments that the First Amendment requires absolute church-state separation and that it bars any contact with government upon a finding that an institution … qualified; and (2) that plaintiff failed to use reasonable care and diligence in seeking such a position.

Innova Solutions, Inc. v. Baran

338 F. Supp. 3d 1009 · District Court, N.D. California · Oct 10, 2018

Innova can establish that Mr. … Complex and Unique Position Under this clause of the second regulatory criterion, the Technical Recruiter position may qualify as a "specialty occupation" if Innova establishes that the position "is so complex or unique that

Dragovich v. United States Department of the Treasury

872 F. Supp. 2d 944 · District Court, N.D. California · May 24, 2012

Currently, the CalPERS long-term care insurance program is a qualified state-maintained plan pursuant to § 7702B(f). … Congress was informed of domestic partnership registries established in various other jurisdictions.

Flickinger

District Court, N.D. California · Feb 25, 2026

The Foreign Sovereign Immunities Act 9 “The Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. § 1602 et seq., 10 establishes a comprehensive framework for determining whether a court … of that distress also does not qualify.”

Hong Kong T v. Video Program, Inc. v. Ilchert

685 F. Supp. 712 · District Court, N.D. California · Mar 4, 1988

Therefore, Congress clearly intended to permit a broad spectrum of occupations or positions with varying educational requirements to be treated as professions. … Similarly, a person does not necessarily have to possess a degree to qualify as a professional under the statute.

J.H. v. County of San Mateo

District Court, N.D. California · Apr 16, 2021

Although the documents clearly relate to the allegations in the complaint, they are never explicitly referenced in the complaint, nor does the complaint “necessarily rel[y]” on them. Coto Settlement v. … While some of the social workers’ challenged actions may be immune from suit, such as the decision to place J.H. with Dawson, others seem likely to not qualify for immunity, such as the more ministerial failures to conduct

United States v. Mobley

344 F. Supp. 3d 1089 · District Court, N.D. California · Oct 1, 2018

In addition, by the time the Ninth Circuit had decided JF , it had already established a "violent force" requirement under 18 U.S.C. § 16 and similar generic offense provisions. See United States v. … De La Fuente , 353 F.3d 766 , 770-71 (9th Cir. 2003) (concluding that a threat of anthrax poisoning constituted a "threatened use of physical force" because the defendant's "letters clearly threatened death by way of physical

Arellano v. Becton

District Court, N.D. California · Aug 20, 2024

Waco, 502 U.S. 9, 11 (1991) (“judicial immunity is an immunity from suit, 2 not just from ultimate assessment of damages. … initiation of judicial proceedings, may not be 5 entitled to absolute immunity, but is protected by qualified immunity.

Capolupo v. Eills

District Court, N.D. California · Aug 20, 2020

immunity. … because such seizures are clearly 3 established.

Bun v. City of Livermore

District Court, N.D. California · Jul 20, 2022

excessive force claim, Tabak is nonetheless entitled to 23 summary judgment based on his qualified immunity from liability under § 1983 because Tabak’s 24 conduct did not violate clearly established law. … As 21 discussed above, the circumstances of Deorle and Glenn are far from similar to those presented 22 here to qualify as “clearly established law.”

Hell's Angels Motorcycle Corp. v. County of Monterey

89 F. Supp. 2d 1144 · District Court, N.D. California · Mar 13, 2000

Defendants here may be entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … established at the time of the alleged violation.

Reed-Milton

District Court, N.D. California · Feb 25, 2026

immunity 20 with respect to claims brought under § 1983 in federal court, . . . and the Supreme Court has held 21 that § 1983 was not intended to abrogate a State’s Eleventh Amendment immunity.” … The party who seeks federal jurisdiction “bears the burden of 6 establishing subject matter jurisdiction.” Ashoff v.

Backus v. General Mills, Inc.

122 F. Supp. 3d 909 · District Court, N.D. California · Aug 18, 2015

his Complaint, and alleges that “There is ‘no safe level’ of artificial trans fat intake,”,..and that “Artificial trans fat damages vital organs, including the heart, by causing chronic systemic inflammation, where the immune … Additionally, as in Simpson and Guttmann , the presence of PHOs was clearly indicated on the baking mixes’ labels. Ex. A to Request for Judicial Notice.

Hall v. Equal Employment Opportunity Commission

456 F. Supp. 695 · District Court, N.D. California · Jul 19, 1978

Similarly, we conclude that these plaintiffs clearly have standing to bring this action. … The only “right” it establishes is the right to be free of discrimination.

Gibbons v. Interbank Funding Group

208 F.R.D. 278 · District Court, N.D. California · Apr 23, 2002

The court started with the premise that under the regulations, the notice must “clearly and conspicuously disclose ... … The burden is on the party seeking certification (Gibbons) to establish a prima facie showing of each of the Rule 23 prerequisites. 2. Application.

United States v. Diaz

236 F.R.D. 470 · District Court, N.D. California · Jun 30, 2006

Records reflecting the methods or procedures by which a grand jury is empaneled fall clearly within the definition of ministerial records as defined by the Ninth Circuit. … Plummer, 941 F.2d 799, 806 (9th Cir.1991), the Ninth Circuit applied the principle of particularized need for disclosure of nonministerial grand jury transcripts to an action challenging a defendant’s immunity agreement and

Gold v. California Highway Patrol

District Court, N.D. California · May 22, 2025

Clearly established “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established … Thus, “to overcome qualified immunity, Plaintiffs must show that [defendants] (1) ‘violated a federal statutory or constitutional right’ and (2) ‘the unlawfulness of their conduct was clearly established at the time.’”