Case law

Jones v. Turnage

699 F. Supp. 795 · District Court, N.D. California · Nov 14, 1988

The VA then reviews the application and determines whether the veteran qualifies for a VA guaranty. … United States, 259 F.2d 540 (9th Cir.1958) clearly hold that state anti-deficiency laws may not impair this right.

Miller v. Hotel & Restaurant Employees & Bartenders Union, Local 2

107 F.R.D. 231 · District Court, N.D. California · May 24, 1985

Similarly, we do not believe that because the matter was raised by the Court, as opposed to the parties, that the government is immune from liability. … Under established principles, we .find this argument unavailing.

ABDUL RAHIM SABIR II v. ADAM BURKE, et al.

District Court, N.D. California · Feb 4, 2026

review, the court must identify any 7 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 8 upon which relief may be granted or seek monetary relief from a defendant who is immune … Furthermore, supervisor defendants are entitled to qualified immunity 18 where the allegations against them are simply “bald” or “conclusory” because such 19 allegations do not “plausibly” establish the supervisors’

Wolfe v. George

385 F. Supp. 2d 1004 · District Court, N.D. California · Aug 22, 2005

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. … sufficient to establish standing).

Apple Inc. v. Psystar Corp.

673 F. Supp. 2d 943 · District Court, N.D. California · Dec 15, 2009

This harm to Apple’s reputation and goodwill, supported by compelling evidence, is sufficient to establish irreparable harm. RentA-Center, Inc. v. … See Rent-A-Center, 944 F.2d at 603 (noting that damage that is “difficult to calculate[ ] qualifies as irreparable harm”).

Jones v. Regents of the University of California

District Court, N.D. California · Apr 18, 2022

(AR 45-47.) 9 This allegation is insufficient to establish that Roykh personally caused the deprivation of any 10 federal right. … As an initial matter, DHCS does not qualify as a “health 22 facility” subject to Health and Safety Code 1278.5. See id. § 1250.

Kupfer v. Salma (In re Kupfer)

526 B.R. 812 · District Court, N.D. California · Aug 26, 2014

In such proceedings, “[t]he district court acts as an appellate court, reviewing the bankruptcy court’s findings of fact under the clearly erroneous standard and its conclusions of law de novo.” … The rent reserved test was established in McSheridan , and El Toro did not overrule that portion of McSheridan.

Lamb v. Starks

949 F. Supp. 753 · District Court, N.D. California · Dec 5, 1996

The trailer clearly is a derivative of the full-length copyrighted movie. … Rather, the record could only lead a rational trier of fact to clearly find in favor of the Plaintiff on the copyright infringement claim.

Dukes v. Wal-Mart Stores, Inc.

222 F.R.D. 137 · District Court, N.D. California · Jun 21, 2004

Qualified Counsel Plaintiffs have submitted declarations that sufficiently establish their counsel’s abilities to handle a case of this nature and magnitude. Defendant does not contest the adequacy of class counsel. … Thus, a female employee need not show she expressed interest in a promotion in order to establish that she was qualified for a promotion.

In Re Pacific Gas & Electric Co.

280 B.R. 506 · District Court, N.D. California · Jun 24, 2002

On February 7, 2002, the bankruptcy court issued its memorandum decision regarding preemption and sovereign immunity. RJN, Exh B. … It is clearly one of the largest bankruptcies in United States history, and definitely the largest involving a public utility.

Electronic Frontier Foundation v. Department of Commerce

58 F. Supp. 3d 1008 · District Court, N.D. California · Jul 12, 2013

The FOIA reflects “a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language.” Dep’t of Air Force v. … [or] establishes particular criteria for withholding ... [or] refers to particular types of matters to be withheld.” 5 U.S.C. § 552 (b)(3)(A).

Lucia v. Wells Fargo Bank, N.A.

798 F. Supp. 2d 1059 · District Court, N.D. California · Apr 22, 2011

On July 17, 2009, Wells Fargo sent Corvello a form letter indicating that he may qualify for a HAMP TPP. (Id. at ¶ 75.) … “To establish a breach of an implied covenant of good faith and fair dealing, a plaintiff must establish the existence of a contractual obligation, along with conduct that frustrates the other party’s rights to benefit from

Miller v. Laird

318 F. Supp. 1401 · District Court, N.D. California · Apr 28, 1970

The Board states that petitioner “qualified his claim by seemingly propositioning or bargaining with the U. S. Army.” … The court held that this established no basis in fact as it “clearly relates to a contingency and provides no inference as to Owen’s state of mind when the incident occurred. * * * ” The Ninth Circuit in United States v.

Facebook, Inc. v. Power Ventures, Inc.

844 F. Supp. 2d 1025 · District Court, N.D. California · Feb 16, 2012

This is particularly true where, as here, Defendant Vachani’s own statements provide compelling evidence that he anticipated attempts to block access by network owners and intentionally implemented a system that would be immune … Plaintiff objects to Vachani's testimony regarding Facebook’s blocks of the Power site on the grounds that Vachani lacks personal knowledge of how such technical measures worked and because he is not an expert qualified to

Serv. Women's Action Network v. Mattis

320 F. Supp. 3d 1082 · District Court, N.D. California · May 1, 2018

Carried to its logical extent, under the government's position herein, even race-based exclusions from the military or racial segregation within would be immune from judicial review. … "The complaint ... clearly alleges that Plaintiffs changed their behavior as a result of Nevada's alleged violation of Section 7.

Glesenkamp v. Nationwide Mutual Insurance

71 F.R.D. 1 · District Court, N.D. California · Apr 11, 1974

Plaintiff also argues that, even in-the absence of evidence in the form of affidavits or depositions, the legal definition of passenger so clearly covers boarding and alighting that amending the policy and denying her claim … Plaintiff contends that although this amendment will not qualify under Rule 15(c) for relation back, the claim is not barred by the statute of limitations because the fraud was discovered no earlier than February 26, 1973

Scripps Clinic & Research Foundation v. Genentech, Inc.

666 F. Supp. 1379 · District Court, N.D. California · Jul 20, 1987

If accused matter falls clearly within the claim, infringement is made out and that is the end of it. … The undisputed physical evidence, confirmed by Genentech’s own consistent statements, establishes that Factor VIILC produced by recombinant processes falls clearly within the product claims as here interpreted.

Ecological Rights Foundation v. Pacific Gas & Electric Co.

803 F. Supp. 2d 1056 · District Court, N.D. California · Mar 31, 2011

The threshold issue central to both claims is whether the Poles qualify as a point source subject to the Act. … These allegations, accepted as true, fail to establish a point source discharge actionable under the CWA.

Ferreira-Dias v. Castillo

District Court, N.D. California · Apr 18, 2022

immunity. … If the four 7 officers searched the family home without a warrant in hand, they could be held liable and might 8 not be protected by qualified immunity. Cf. Groh v.

Horton v. Molina

District Court, N.D. California · Dec 15, 2020

Consequently, neither party may receive 11 summary judgment on the excessive force claim. 12 Defendants also argue that Molina is entitled to qualified immunity. … A court 13 considering a claim of qualified immunity must determine whether the plaintiff has 14 alleged the deprivation of an actual constitutional right and whether such right was 15 clearly established such that it