Case law

Sky Valley Ltd. Partnership v. ATX Sky Valley, Ltd.

93 Daily Journal DAR 12290 · District Court, N.D. California · Aug 30, 1993

It also is important to emphasize that the mode of analysis or the criteria for determining whether a party qualifies as a “client”, or has established that an “attorney-client relationship” existed between itself and a particular … These facts, while clearly relevant, are equally clearly not sufficient to establish that ATX was a client of Luce Forward for purposes of the joint client exception to the attorney-client privilege.

Thompson v. Rodriguez (In Re Rodriguez)

196 B.R. 537 · District Court, N.D. California · May 15, 1996

The fiduciary obligations accompanying these licensed activities are sufficient to establish a “fiduciary capacity” within the meaning of § 523(a)(4). Lewis v. … Rodriguez was not the borrower and that the transaction went through an escrow and a title company, I do not think immunizes him from liability * * * Record Transcript at 193-196.

Gaudin v. Saxon Mortgage Services, Inc.

297 F.R.D. 417 · District Court, N.D. California · Aug 5, 2013

that I do not qualify for the Offer. … Second, a plaintiff must also establish that one of the bases for certification in Rule 23(b) are met.

White Swan, Ltd. v. Clyde Robin Seed Co., Inc.

729 F. Supp. 1257 · District Court, N.D. California · Sep 8, 1989

White Swan asserts that there is no need to establish secondary meaning where a trade dress is “inherently distinctive.” … The Ninth Circuit has ruled that while such a trade dress may be protectable in whole, it is not the kind of trade dress which could qualify as “inherently distinctive”.

Behne v. Microtouch Systems, Inc.

58 F. Supp. 2d 1096 · District Court, N.D. California · Jul 15, 1999

Hopkins, 490 U.S. 228 , 109 S.Ct. 1775 , 104 L.Ed.2d 268 (1989), the decision of the United States Supreme Court establishing that in mixed motive cases, a plaintiff has no recovery where a defendant establishes that it had … The court explained that: Congress has clearly chosen to address illegal discrimination and wrongful retaliation separately and in distinct statutory sections.

Tovar, Sr. v. City of San Jose

District Court, N.D. California · Jul 25, 2023

That 12 said, the Officer Defendants seek to assert two affirmative defenses that the City does not, namely 13 the defenses of qualified immunity and self-defense. E.g., Chow Decl., Exs. … A–E, ECF No. 65-1. 14 Although Plaintiffs likely would have been on notice that the Officer Defendants intended 15 to invoke qualified immunity, it is less clear whether Plaintiffs had received notice that the

Lockheed Missile & Space Co. v. Hughes Aircraft Co.

887 F. Supp. 1320 · District Court, N.D. California · Jun 7, 1995

On June 9,1995, the government is expected to decide which of the three contractors are qualified to be selected for the next phase of the project. … G, clearly envisioning the need for further negotiations.

Am. Small Bus. League v. Dep't of Def. & Dep't of Justice

372 F. Supp. 3d 1018 · District Court, N.D. California · Mar 8, 2019

This order finds that the government's submitted declarations establish that its searches were reasonably calculated to uncover all relevant documents. … "Documents exchanged before a common interest agreement is established are not protected from disclosure." Id. at 285 .

Willner v. Manpower Inc.

35 F. Supp. 3d 1116 · District Court, N.D. California · Mar 31, 2014

The plain language of section 203(a) clearly indicates that its penalties are limited to violations of sections 201.3(b)(4) and 201.3(b)(5). … Willner’s proposed construction of Section 226(e)(1) is unsound because it essentially excises the qualifier “knowing and intentional” from the statute; this contravenes the canon of statutory construction requiring that

Cervantes v. Elsen

District Court, N.D. California · Nov 14, 2023

review, the Court must identify any cognizable claims and dismiss any claims 8 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 9 monetary relief from a defendant who is immune … Id. 27 Furthermore, supervisor defendants are entitled to qualified immunity where the allegations 1 establish the supervisors’ personal involvement in their subordinates’ constitutional wrong. 2 Ashcroft v.

Filice v. United States

621 F. Supp. 1184 · District Court, N.D. California · Nov 20, 1985

Plaintiffs have clearly prevailed in the action; they received refund checks total-ling $2,757.22 on May 30, 1985, in satisfaction of the amount claimed in the complaint, including interest. 2. … its answer to plaintiff’s complaint ..., the government knew or should have known that plaintiff’s charitable contributions which had *1187 been disallowed by the IRS, ... had in truth and in fact been made to a bona fide qualified

Floyd v. Santa Clara Department of Correction

District Court, N.D. California · Oct 10, 2024

The legal uncertainty 24 around the scope of Penal Code § 851.5 in this context means that Defendants are entitled 25 to qualified immunity. … See Ashcroft v. al-Kidd, 563 U.S. 731, 743 (2011) (qualified 26 immunity protects government officials who make “mistaken judgments about open legal 27 questions”); Rico v.

Garcia v. County of Napa

District Court, N.D. California · Apr 26, 2023

Ackman was entitled to qualified immunity and granted summary judgment in favor of 23 Defendants as to the federal claims. Garcia v. Cnty. of Napa, No. 21-CV-03519-HSG, 2023 WL 24 355148, at *11 (N.D. Cal. … This case involved a particularly challenging 18 application of the second prong of qualified immunity, as well as interpretation of a new Ninth 19 Circuit case decided after the Court held the hearing on the motion

United States Postal Service v. City of Berkeley

228 F. Supp. 3d 963 · District Court, N.D. California · Jan 12, 2017

[[Image here]] I have submitted the attached item which would establish a Civic Center District zoning overlay.... … The Postal Clause provides that Congress may “establish Post Offices and post Roads.” U.S. Const. Art. I, § 8, cl. ,7.

Westley v. Oclaro, Inc.

897 F. Supp. 2d 902 · District Court, N.D. California · Sep 21, 2012

Safe Harbor/Bepeaks Caution Defendants argue that, even if there is enough in the SAC to establish falsity, the safe harbor provision of the PSLRA and/or the bespeaks caution doctrine immunize them from liability. … Nor have Plaintiffs alleged there was a significant downward trend negating an otherwise strong quarter and which would have clearly signaled to management a problem of the magnitude in Berson . c.

In re Beer Distribution Antitrust Litigation

188 F.R.D. 549 · District Court, N.D. California · Nov 10, 1998

Plaintiffs contend that this action qualifies for class action status only under the third alternative of that Rule. … Clearly, individual questions would predominate in such an analysis.

In re Marraccini

187 F. Supp. 610 · District Court, N.D. California · Sep 28, 1960

In the Christ’s Church case, supra, it was held that the Trustee was entitled to choose his own qualified multiple counsel, where the facts of the case established that several attorneys were needed. … The proper rule is that if more than one attorney or firm of attorneys is clearly shown to be necessary for the proper administration of the estate, the Referee may, and should, authorize their employment by the Trustee,

In Re Abbott Laboratories Norvir Anti-Trust Litigation

562 F. Supp. 2d 1080 · District Court, N.D. California · May 16, 2008

Accordingly, the claims on which Abbott relies for its patent immunity defense are anticipated by the '882 patent and are invalid. 3 II. … The Court GRANTS Plaintiffs’ motion for summary adjudication on Abbott’s defense of patent immunity (Docket No. 460). IT IS SO ORDERED. 1 .

Granite Rock Co. v. California Coastal Commission

590 F. Supp. 1361 · District Court, N.D. California · May 21, 1984

The CCC itself was originally named as a defendant but was dismissed by this Court based on its immunity from suit under the Eleventh Amendment. See Alabama v. … The second Act authorizes the sale of federal land to qualified holders of unpatented mining claims found to be invalid. The third Act establishes mandatory health and safety standards for miners.

In re Roundup Prods. Liab. Litig.

390 F. Supp. 3d 1102 · District Court, N.D. California · Jul 10, 2018

NHL is a cancer that affects lymphocytes, a type of white blood cell that is part of the immune system. … There is little to her analysis of this criterion, and she has not established that she would be qualified to offer an opinion addressing the toxicology evidence in any detail.