Case law

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  • Barth v. C.S.R. Doe-1

    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 timesUnknown
  • General 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 timesPublished
  • Huemer 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 timesUnknown
  • Barth v. Matsuno

    District 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 timesUnknown
  • Tan

    District 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 timesUnknown
  • Redmond v. United States

    District 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 timesUnknown
  • Shaterian 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 timesPublished
  • Peterson 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 timesUnknown
  • Johnson 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 timesUnknown
  • Ashmus v. Calderon

    935 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 timesPublished
  • BHS 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 timesUnknown
  • Trustees 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 timesPublished
  • Walsh v. Kindred Healthcare

    798 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 timesPublished
  • United 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 timesPublished
  • Sierra 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 timesPublished
  • Gallant 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 timesPublished
  • Cheng v. Speier

    District 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 timesUnknown
  • Rowe 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 timesPublished
  • Muhammad v. Mendez

    District Court, N.D. California · Sep 24, 2024

    immunity. … immunity.

    Cited 0 timesUnknown
  • Harriss 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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