Case law

Surf and Sand, LLC v. City of Capitola

717 F. Supp. 2d 934 · District Court, N.D. California · Jun 9, 2010

Nevertheless, defendants have not established that Pullman abstention is the most appropriate course of action to take here. … Individual defendants The moving papers requested dismissal of the individual council members based on qualified immunity.

Visto Corp. v. Sproqit Technologies, Inc.

360 F. Supp. 2d 1064 · District Court, N.D. California · Mar 17, 2005

This privilege is absolute, not qualified. See Silberg v. Anderson, 50 Cal.3d 205, 215, 266 Cal.Rptr. 638 , 786 P.2d 365 (1990). … The bare possibility that the proceeding might be instituted is not to be used as a cloak to provide immunity for defamation when the possibility is not seriously considered." Rest. (2d) Torts § 586.

Sierra Club v. Johnson

614 F. Supp. 2d 998 · District Court, N.D. California · Jul 23, 2008

Defendants further contend that the provision must be narrowly construed in favor of the government because it constitutes a waiver of sovereign immunity. See, e.g., Irwin v. … That customary meaning was well-established when CERCLA was enacted. May is not generally considered to mean shall unless the legislative history clearly so indicates.

United States v. Humboldt Fir, Inc.

426 F. Supp. 292 · District Court, N.D. California · Jan 13, 1977

. § 1360 , clearly established the jurisdiction of state laws over disputes to which Indians are a party, particularly disputes involving commercial transactions because there is no federal commercial law. … The events transpiring subsequent to Humboldt’s second request for an extension do not clearly establish that Humboldt was in breach at that time.

Barth v. Serintero

District Court, N.D. California · May 21, 2021

Similarly, “where an 13 affirmative defense, such as immunity, [is] clear on the face of the complaint that dismissal 14 may qualify as a strike for failure to state a claim.” Harris v. … The 8 || response must clearly be labeled “RESPONSE TO ORDER TO SHOW CAUSE.”

Rodriguez v. Newsom

District Court, N.D. California · Oct 10, 2019

Furthermore, supervisor 27 defendants are entitled to qualified immunity where the allegations against them are simply “bald” 1 involvement in their subordinates’ constitutional wrong. Ashcroft v. … be given leave to file an amended complaint in which he clearly 7 links each defendant to the alleged injury, or injuries, for which that defendant is alleged to be 8 responsible.

Barth v. Vega

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

Similarly, “where an affirmative defense, such as immunity, [is] clear on the 14 face of the complaint that dismissal may qualify as a strike for failure to state a claim.” 15 Harris v. … The 10 || response must clearly be labeled “RESPONSE TO ORDER TO SHOW CAUSE.”

Barth v. Mojica

District Court, N.D. California · Jun 11, 2021

Similarly, “where an affirmative defense, such as immunity, [is] clear on the 14 face of the complaint that dismissal may qualify as a strike for failure to state a claim.” 15 Harris v. … The 9 || response must clearly be labeled “RESPONSE TO ORDER TO SHOW CAUSE.”

Harrison v. Singh

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

Qualified Immunity 21 Qualified immunity is an entitlement, provided to government officials in the exercise of 22 their duties, not to stand trial or face the other burdens … To determine whether an officer is entitled to qualified 27 1 right, and (2) that right was clearly established at the time of the incident.

United States v. Marin Alliance for Medical Marijuana

139 F. Supp. 3d 1039 · District Court, N.D. California · Oct 19, 2015

According to the letter, the “record clearly establishes that [MAMM] has been in clear and unambiguous compliance with existing state and local laws providing for the medical use of marijuana.” Id. … It also requires the State Attorney General to “develop and adopt appropriate guidelines to ensure the security and nondiversion of marijuana grown for medical use” by qualified patients. Id. at § 11362.81.

Bohnert v. Roman Catholic Archbishop

67 F. Supp. 3d 1091 · District Court, N.D. California · Sep 4, 2014

Nonprofit religious corporations are not “employers” under FEHA and therefore enjoy broad immunity from FEHA. See Cal. … The alleged conduct clearly occurred during the course of Bohnert’s employment. Opp. at 6-7. The question is whether the conduct occurred in the normal course of employment.

Hawthorne v. Kernan

District Court, N.D. California · Mar 7, 2023

Qualified Immunity 27 Qualified immunity is an entitlement, provided to government officials in the exercise of 1 200 (2001). … To determine whether an 12 officer is entitled to qualified immunity, the Court must consider whether (1) the officer’s conduct 13 violated a constitutional right, and (2) that right was clearly established at the time

In Re JDS Uniphase Corp. Securities Litigation

238 F. Supp. 2d 1127 · District Court, N.D. California · Oct 18, 2002

The Ninth Circuit has held that the Reform Act’s discovery stay provision “clearly contemplates that ‘discovery should be permitted in securities class actions only after the court has sustained the legal sufficiency of the … It certainly does not establish a public policy in favor of allowing employers to muzzle their employees with overbroad confidentiality agreements.

Martinez v. De La Torre

District Court, N.D. California · May 7, 2025

immunity. … immunity argument.

Briggs v. United States

564 F. Supp. 2d 1087 · District Court, N.D. California · Apr 7, 2008

“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 and that it is entitled to judgment as a matter of law.” … “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit. Sovereign immunity is jurisdictional in nature.

Lazcano v. Potter

468 F. Supp. 2d 1161 · District Court, N.D. California · Jan 4, 2007

Under the Rehabilitation Act of 1973, a plaintiff must establish that she is, among *1167 other things: (1) an individual with a disability, (2) otherwise qualified, and (3) subjected to discrimination solely by reason of … Boster’s alleged behavior clearly involved more than “the ordinary tribulations of the workplace.” Faragher v. City of Boca Raton, 524 U.S. 775, 788 , 118 S.Ct. 2275 , 141 L.Ed.2d 662 (1998).

Wright

District Court, N.D. California · Apr 30, 2026

In its review, the court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary relief from a defendant who is immune … Furthermore, supervisor defendants are entitled to qualified immunity where the allegations against them are simply “bald” or “conclusory” because such alle- gations do not “plausibly” establish the supervisors’ personal

Ochoa v. City of San Jose

District Court, N.D. California · Apr 14, 2022

of whether Officer Mosunic’s conduct was 27 protected by qualified immunity. … Given Plaintiff's failure to establish a constitutional 3 || violation under the first prong of the qualified immunity analysis, the Court need not consider the 4 second prong. 5 The Court notes that

Camarena v. Meissner

78 F. Supp. 2d 1044 · District Court, N.D. California · Dec 22, 1999

On November 29, 1990, Congress enacted the Immigration Act of 1990, which established a family unity program under which qualifying spouses and children of lawful permanent residents are allowed to remain and work in the … Summary judgment is warranted when no genuine and disputed issues of material fact remain; or, when viewing the evidence in the light most favorable to the non-moving party, the movant is clearly *1048 entitled to prevail

Chapman v. Pacific Telephone & Telegraph Co.

456 F. Supp. 65 · District Court, N.D. California · May 16, 1978

In those cases, however, the evidence clearly showed that the EEOC did not investigate the claims of discrimination which the plaintiffs attempted to add. … Thus Cochran was qualified for promotion to a second level position.