Case law

Western Addition Community Organization v. Weaver

294 F. Supp. 433 · District Court, N.D. California · Dec 16, 1968

Section 1455(c) also provides, however, that the Secretary shall issue rules and regulations implementing the act by requiring that there be established, at the earliest practicable time for each urban renewal project involving … Kentucky Utilities Co., 390 U.S. 1, 5-7 , 88 S.Ct. 651 , 19 L.Ed.2d 787 (1968) the Supreme Court, dealing with the Tennessee Valley Authority Act, has, made clear that, when a statute clearly reflects a Congressional purpose

Doe v. Samuel Merritt University

921 F. Supp. 2d 958 · District Court, N.D. California · Feb 1, 2013

Public Interest Considering that the Court has already found that there are “serious questions” going to the merits, it follows that that there is considerable public interest weighing in favor of Plaintiff since “the public clearly … Defendant’s argument that Plaintiff is not “otherwise qualified” does not overcome this finding.

Asante v. California Department of Health Care Services

155 F. Supp. 3d 1008 · District Court, N.D. California · Dec 21, 2015

Rather r-4 is a definitional provision that describes certain procedures that a state must satisfy, such as submitting a qualified plan to the Secretary of Health and Human Services by a certain date to establish an adequate … The Court stated that its precedents “clearly establish that the degree of a differential burden or charge on interstate commerce ‘measures only the extent of the discrimination’ and ‘is of no relevance to the determination

United States v. Avila

227 F. Supp. 3 · District Court, N.D. California · May 31, 1963

To so hold would in effect immunize defendants from the use against them of all subsequently obtained evidence concerning income tax evasion no matter how properly obtained from independent sources. … ’ tax return could be established without use of the books or the bookkeeper.

Valeriano-Delacruz

District Court, N.D. California · Aug 19, 2026

Absent any 20 details linking the injury to the defendant, the mere fact that the injury occurred at some 21 time after the defendant’s challenged action does not establish causation. … Supervisor 26 defendants are entitled to qualified immunity where the allegations against them are simply 27 “bald” or “conclusory” because such allegations do not “plausibly” establish the 1 supervisors’ personal

Lyons v. Alameda Health System

District Court, N.D. California · Apr 8, 2021

Defendant argues that hospital districts are “arms of the 24 state” that “enjoy the state’s immunity from liability under the ADEA.” Id. … In the amended complaint, 3 Plaintiff should clearly identify the facts and theory supporting any sex discrimination claim. 4 || Plaintiff should also identify the legal authority establishing her failure to

Rodriguez

District Court, N.D. California · May 20, 2026

However, 22 “[o]nce the district court ha[s] filed a pretrial scheduling order pursuant to Federal Rule of Civil 23 Procedure 16 which established a timetable for amending pleadings that rule’s standards control.” … 2011), “the tenor of the case changed significantly” after the 27 parties’ first round summary judgment briefing, further justifying a finding of good cause for 1 allow the defendant to amend his answer to assert a qualified

Gregory Village Partners, L.P. v. Chevron U.S.A., Inc.

805 F. Supp. 2d 888 · District Court, N.D. California · Aug 2, 2011

The burden of establishing that a cause lies within this limited jurisdiction rests upon the party asserting jurisdiction. Kokkonen v. Guardian Life Ins. … Moreover, the plaintiff, who bears the burden of proof that jurisdiction does in fact exist, must establish jurisdiction with evidence from other sources.

Snyder v. United States (In Re Snyder)

285 B.R. 712 · District Court, N.D. California · Mar 14, 2002

The Court noted that this language “clearly imposes a ‘restriction on the transfer’ of a debtor’s ‘beneficial interest’ in the trust.” … "The inalienability of the pension interests does not destroy their character as property or immunize the interest from the attachment of a federal tax lien.” Id.

On Command Video Corp. v. LodgeNet Entertainment Corp.

976 F. Supp. 917 · District Court, N.D. California · Aug 8, 1997

Accordingly, Plaintiff fails to establish the purpose of the Protective Order. … And, both parties fail to establish the purpose of the protective order.

Kinman v. United States

139 F. Supp. 925 · District Court, N.D. California · Apr 9, 1956

limitations became a bar, in spite of the holding of the court that the statute was suspended during the time that the plaintiff was legally prevented from bringing suit; but the principle on which libelant here relies was clearly … Although legislation for the benefit of seamen is to be construed liberally in their favor, it is also the rule that statutes waiving the immunity of the Government from suit are to be construed strictly in favor of the Government

Schiff v. City and County of San Francisco

816 F. Supp. 2d 798 · District Court, N.D. California · Sep 8, 2011

A plaintiff may establish a prima facie case of disparate treatment by showing that he is a member of a protected class; that he was qualified for his position and performing his job satisfactorily; that he experienced an … Other arguments Defendants also contend that Chief Fong is entitled to qualified immunity in connection with the equal protection claim under § 1983, that any claims challenging the August 2005 adoption of banding for the

SWINGLESS GOLF CLUB CORPORATION v. Taylor

679 F. Supp. 2d 1060 · District Court, N.D. California · Dec 24, 2009

These settled principles are qualified- by the more stringent pleading standard recently articulated by the Supreme Court in Ashcroft v. … Here, counter-claimants clearly state that counterdefendants did nothing up until the point that counterclaimant Roy Taylor paid the one patent maintenance fee in 2007.

Samura v. Kaiser Foundation Health Plan, Inc.

715 F. Supp. 970 · District Court, N.D. California · Jul 18, 1989

His amended complaint added one purely procedural count which clearly did not alter the character of the suit ... and a number of other federal counts, all apparently makeweights and some never pressed at all. … They should have known that their tenuous contentions could not overcome the firmly established policy that “removal statutes are construed strictly against removal.” Libhart v.

Rodriguez v. Corpus

District Court, N.D. California · Jul 8, 2025

Koile, 883 F.3d 1228, 1241 (9th Cir. 2018). 16 Furthermore, supervisory defendants are entitled to qualified immunity where the 17 allegations against them are simply “bald” or “conclusory” because such allegations … do not 18 “plausibly” establish the supervisors’ personal involvement in their subordinates’ 19 constitutional wrong.

Cupolo v. Bay Area Rapid Transit

5 F. Supp. 2d 1078 · District Court, N.D. California · Sep 29, 1997

By 1996, the number of mechanics qualified to work on elevators and escalators had dwindled to 14, despite authorization for twenty positions. … Preliminary injunctions that require the enjoined party to undertake affirmative conduct “should not be issued unless the facts and law clearly favor the moving party.” Dahl v.

Vigars v. Valley Christian Center of Dublin, Cal.

805 F. Supp. 802 · District Court, N.D. California · May 20, 1992

If so, I cannot find the statute applicable unless there is an “affirmative intention of Congress clearly expressed” to apply it. Id. Application of the statute would clearly raise serious constitutional questions. … The primary purpose of Title VII is clearly secular.

Kennedy v. Knowles

558 F. Supp. 2d 960 · District Court, N.D. California · Mar 31, 2008

Because petitioner has not established that his Sixth Amendment rights were violated, the rejection of this claim by the state appellate courts could not have been contrary to, or an unreasonable application of, clearly-established … Because counsel was not ineffective, the state courts’ rejection of this claim was not contrary to, or an unreasonable application of, clearly-established Supreme Court authority.

LoRusso v. Chevron Corporation

District Court, N.D. California · Jan 13, 2023

“Not all 5 unsuccessful cases qualify as a strike under § 1915(g). … The McCabe court’s dismissal qualifies as a strike for 21 failure to state a claim because the prosecutorial immunity defense was readily apparent without 22 resort to any additional information outside the four corners

Campbell v. Callis

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

Qualified Immunity 18 Qualified immunity is an entitlement, provided to government officials in the exercise of 19 their duties, not to stand trial or face the other burdens … To determine whether an 3 officer is entitled to qualified immunity, the Court must consider whether (1) the officer’s conduct 4 || violated a constitutional right, and (2) that right was clearly established