Case law
Opinions from 1658 to today.
4,050 results
1.14s
District Court, N.D. California · Sep 2, 2021
Similarly, “where an affirmative defense, such as immunity, [is] clear on the 19 face of the complaint that dismissal may qualify as a strike for failure to state a claim.” 20 Harris v. … a 16 || The response must clearly be labeled “RESPONSE TO ORDER TO SHOW CAUSE.”
Cited 0 timesUnknownGeneral Star Indemnity Co. v. Schools Excess Liability Fund
888 F. Supp. 1022 · District Court, N.D. California · Mar 21, 1995
Because workers’ compensation was the sole and exclusive remedy for the employee, the allegations underlying the case established the insurance company’s “potential” liability. … She alleged that her supervisor intentionally attempted to deprive her of her rights, privileges and immunities secured by the Constitution, including but not limited to her First Amendment rights. (Id., Ex. D at ¶ 56.)
Cited 7 timesPublishedHuemer v. Santa Cruz County Animal Shelter Foundation
District Court, N.D. California · Jun 23, 2022
They do not establish that any of the alleged policymakers, such as 10 Defendants Sobel and Stosuy, had policymaking authority. … of section 17 821.6 immunity.
Cited 0 timesUnknownDistrict Court, N.D. California · Aug 18, 2021
Similarly, “where an affirmative defense, such as immunity, [is] clear on the 19 face of the complaint that dismissal may qualify as a strike for failure to state a claim.” 20 Harris v. … a 16 || The response must clearly be labeled “RESPONSE TO ORDER TO SHOW CAUSE.”
Cited 0 timesUnknownDistrict Court, N.D. California · Sep 11, 2026
15 immunity. … The Court Does Not Address Defendants’ Remaining Arguments 9 Defendants also bring arguments of qualified immunity and theory of respondeat 10 superior. Mot. at 14, 15.
Cited 0 timesUnknownDistrict Court, N.D. California · Mar 17, 2022
Mitchell, 445 U.S. 535, 538 (1980) 15 (citation, alterations, and internal quotation marks omitted). 16 Moreover, public officials may be entitled to qualified immunity. … “Qualified immunity is 17 an affirmative defense to damage liability” and “federal officials are immune from liability for 18 damages ‘insofar as their conduct does not violate clearly established statutory or constitutional
Cited 0 timesUnknownShaterian v. Wells Fargo Bank, N.A.
829 F. Supp. 2d 873 · District Court, N.D. California · Nov 7, 2011
These allegations are sufficient to establish the elements of aiding and abetting. … Diablo is not clearly identified in Shaterian’s Complaint or the papers filed before the Court.
Cited 31 timesPublishedPeterson v. Sutter Medical Foundation
District Court, N.D. California · Feb 2, 2022
To determine whether a state’s actions are 17 immune from Sherman-Act liability, courts employ a two-step test: “First, the challenged restraint 18 must be one clearly articulated and affirmatively expressed as state … The Unruh Act claim does not qualify for the same reasons the federal discrimination 2 claims do not, as explained above.
Cited 0 timesUnknownJohnson v. Petaluma Health Center, Inc.
District Court, N.D. California · May 30, 2025
First, whether the defendant qualifies as a “deemed employee” for the relevant time period. … might qualify for that immunity (and therefore about whether to remove the case to federal court).
Cited 0 timesUnknown935 F. Supp. 1048 · District Court, N.D. California · Jun 14, 1996
Plaintiffs have clearly demonstrated that both factors are present. … between “establishes” and “mechanism.”
Cited 19 timesPublishedBHS Law LLP v. Michael Markman
District Court, N.D. California · Apr 3, 2026
dismiss into a factual motion by presenting affidavits or 13 other evidence properly before the court, the party opposing the motion must furnish affidavits or 14 other evidence necessary to satisfy its burden of establishing … These actions qualify as routine judicial functions. Meek, 183 F.3d at 965; New Alaska 27 Dev. Corp., 869 F.2d at 1302. 1 Venture LLC v. Real Soda in Real Bottles, Ltd.
Cited 0 timesUnknownTrustees of the IL WU-PMA Pension Plan v. Peters
660 F. Supp. 2d 1118 · District Court, N.D. California · Sep 21, 2009
The Qualified Domestic Relations Order (“QDRO”) contains the following provisions: 1. … The Court finds that Dorothy qualifies as a surviving spouse under that section while Emelda does not.
Cited 5 timesPublished798 F. Supp. 2d 1073 · District Court, N.D. California · Jun 15, 2011
To the extent Plaintiffs seek leave to conduct discovery in order to amend their complaint, they should move for such leave, clearly setting forth the particular facts they hope to obtain. C. … As the Court explains below, Section 1276.5(a) directs the CDPH to establish minimum nursing hours at SNFs.
Cited 11 timesPublishedUnited States v. Seventy Thousand Four Hundred & Seventy Six Dollars in U.S. Currency
677 F. Supp. 639 · District Court, N.D. California · Sep 24, 1987
The claimants bear the burden of establishing the defense. United States v. … The issue before this court is the qualified right to counsel of choice. 5 A. The qualified right to counsel of choice was recognized by the U.S. Supreme Court in Powell v.
Cited 1 timesPublishedSierra Pacific Industries v. Block
643 F. Supp. 1256 · District Court, N.D. California · Aug 8, 1986
The objective of the Forest Service timber appraisers is to establish fair market value. … Each timber sale contract establishes the standards which must be met to qualify for a diligent performance extension.
Cited 11 timesPublishedGallant v. Board of Trustees of California State University
997 F. Supp. 1231 · District Court, N.D. California · Mar 27, 1998
McCaffrey, 122 F.3d 1207 (9th Cir.1997) (denying qualified immunity in Title IX case and citing Doe v. … Plaintiff affirmed at oral argument that she is only claiming under a hostile environment theory in the present case. *1234 To establish a hostile environment claim, the plaintiff must show: (1) she was subjected to sexual
Cited 1 timesPublishedDistrict Court, N.D. California · Jul 4, 2022
A plaintiff must point to a statute 9 by Congress that has waived immunity to establish subject matter jurisdiction when asserting a claim 10 against a defendant in their official capacity. See Jachetta v. … As such, 19 the Court does not address the parties’ arguments regarding whether Congresswoman Speier would 20 be entitled to qualified immunity on this claim. 21
Cited 0 timesUnknownRowe v. City & County of San Francisco
186 F. Supp. 2d 1047 · District Court, N.D. California · Feb 13, 2002
While they did not clearly state a legal conclusion as to whether the plaintiff was “substantially limited” in her major life activities, they did provide the City with a substantial amount of medical information about her … Although "an employer cannot ask an employee for documentation unrelated to establishing the existence of a disability and the necessity of accommodation,” Barnett, 228 F.3d at 1115 n. 6, it surely has the ability to review
Cited 2 timesPublishedDistrict Court, N.D. California · Sep 24, 2024
immunity. … immunity.
Cited 0 timesUnknownHarriss v. Pan American World Airways, Inc.
74 F.R.D. 24 · District Court, N.D. California · Jan 24, 1977
Their counsel are qualified, experienced, and competent. … Their attorneys appear to be qualified to represent them.
Cited 76 timesPublished
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