PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Constitutional Issues
10 Cards On This Topic:

Doctor's SJ motion based on qualified immunity properly denied where she violated parents' const'l rights by keeping injured C in hospital on suspic. of abuse w/out factual basis or reasonable belief, amounting to seizure of C.

Marital status claims cognizable under Unruh Act; registered DPs are same as spouses under Act and business which denies benefits to registered DPs that it gives to spouses engages in impermissible marital status discrimination.

Distinctions drawn by businesses between married couples and unmarried couples and individuals that are supported by legitimate business reasons do not constitute impermissible marital status discrimination under Unruh Act.

Mall rules barring peaceful, consensual, conversations about topics unrelated to activities of mall, tenants or noncommercial sponsored activities are content-based, unconstit'l restrictions; SA for mall rev'd.

SA should have been granted Ds as to civil rights C/As where law enforcement Os, DA and State had immunity under Gov. Code and DA shielded from §1983 liability under 11th Amend. and sovereign immunity.

Excess insurer did not establish dispute of fact re unconstitutionality of legislation for which primary insurer lobbied and allegedly benefited.

SJ for State appropriate on constitutionality of Talent Agencies Act because state met burden of showing legis. classification passed "rational relationship" test.

Cts impose more stringent burdens on opposing party in free speech cases and require a showing of high probability that opposing party will ultimately prevail.

Ps shoulder heavy burden to prove unconstitutionality of tax-related statute.

To declare statute unconstit’l on due process grounds, test is whether statute bears rational relationship to legitimate state purpose, if fundamental right not involved.