Case law

Delacruz v. The State Bar of California

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

Specifically, the State Bar Defendants argue that Moawad is entitled to absolute or 21 qualified immunity. State Bar MTD at 6–7. … Similarly, the Ninth Circuit has held that 27 12 1 qualified immunity is

Bias v. Wells Fargo & Co.

942 F. Supp. 2d 915 · District Court, N.D. California · Apr 25, 2013

“[A] party must ... (1) establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show that that economic injury was the result of, i.e., caused by, the unfair … Taking these allegations as true, Plaintiffs have alleged an economic injury that qualifies as injury-in-fact.

In re Google, Inc. Privacy Policy Litigation

58 F. Supp. 3d 968 · District Court, N.D. California · Jul 21, 2014

purporting to permit Google to “combine the information you submit under your account with information from other services.” 8 However, before the introduction of the new privacy policy on March 1, 2012, this statement was qualified … have not amended or altered their claim to avoid that immunity in this iteration.

Reconstruction Finance Corp. v. Tuolumne Gold Dredging Corp.

137 F. Supp. 855 · District Court, N.D. California · Jun 5, 1953

Johnson is a Nevada corporation, duly qualified to transact business in California. … Finally, the fifth counterclaim, based as it is upon the quaint theory that A can be held liable because he “admits” that B owes C a debt, is clearly untenable.

In Re Argonaut Financial Services, Inc.

164 B.R. 107 · District Court, N.D. California · Jan 26, 1994

To say that these Investors established no interest and were therefore deserving of no notice begs the question, where the absence of notice gave them no opportunity to appear before the Bankruptcy Court to establish their … Clearly, there is some threshold of potentiality of claims beyond which notice would no longer be required.

Jacobsen v. Marin General Hospital

963 F. Supp. 866 · District Court, N.D. California · Apr 16, 1997

The fact that the INS records were not checked during the search does not establish that it was unreasonable. … Congress would certainly be surprised to find that by making this procedural change, they had eviscerated state sovereign immunity. 7 .

Canon v. United States

111 F. Supp. 162 · District Court, N.D. California · Mar 11, 1953

By Section 1346 of 28 U.S.C.A., Federal Tort Claims Agí, the United States waives its sovereign immunity to suits for damages for personal injuries “caused by the negligent or wrongful act or omission of any employee of the … The Johansen case, however, does not govern here as Johansen clearly sustained the injury for which suit was brought while in the performance of his duty.

Northern California River Watch v. Honeywell Aerospace

830 F. Supp. 2d 760 · District Court, N.D. California · Nov 14, 2011

The Site does not qualify as a landfill under 42 U.S.C. § 6944 , and does not qualify as a facility for the disposal of hazardous waste. … The Site does not qualify as a landfill under 42 U.S.C. § 6944 , and does not qualify as a facility for the disposal of hazardous waste.

Valenzuela v. California Department of Corrections and Rehabilitation

District Court, N.D. California · Oct 30, 2020

that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 6 monetary relief from a defendant who is immune … California Senate Bill 260 added section 3051 18 to the California Penal Code, effective January 1, 2014, and established a parole eligibility

Fitzgerald v. Procunier

393 F. Supp. 335 · District Court, N.D. California · May 7, 1975

Clearly, where no disciplinary infraction has been committed, there can be no relationship, disproportionate or otherwise, between the offense and the confinement. … Accordingly, they are immune from suit as to such actions.

Haskell v. Brown

317 F. Supp. 3d 1095 · District Court, N.D. California · Jun 22, 2018

LEGAL STANDARD Judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) is proper " when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved … "A dismissal on the pleadings for failure to state a claim is proper only if 'the movant clearly establishes that no material issue of fact remains to be resolved....' " McGlinchy v. Shell Chem.

Wiegmann & Rose International Corp. v. NL Industries

735 F. Supp. 957 · District Court, N.D. California · Apr 19, 1990

by a preponderance of the evidence that the release ... and the damages resulting therefrom were caused solely by— (1) an act of God; (2) an act of war; (3) an act or omission of a third party ... if the defendant establishes … The court qualified its holding by noting that, even if state law is incorporated as a general matter, courts should reject specific state rules that are aberrant or hostile to federal interests. Id. at 1458 .

Jones v. United States

933 F. Supp. 894 · District Court, N.D. California · Jul 3, 1996

This tactic does not qualify as good science. For example, Plaintiffs’ witnesses relied heavily upon the Back article to support their testimony. … However, this is clearly just an anecdotal observation, not the result of a broad-based, statistically valid study of the subject. 13 .

Thornton v. New York Life Insurance

211 F.R.D. 606 · District Court, N.D. California · Dec 10, 2002

Three of the four factors are clearly inapplicable. First, the request is not unduly delayed. Plaintiff made the request promptly following the Court’s determination that her first complaint was insufficient. … Plaintiffs amended complaint, like the original complaint, makes only the latter type of general allegation, and thus does not qualify for this exception.

United States v. Mallory

305 F. Supp. 915 · District Court, N.D. California · Nov 3, 1969

The United States Supreme Court clearly held in Oestereich v. … illegal, nor does it clearly interfere with the administration of the Selective Service system.

Das v. Smith

District Court, N.D. California · May 28, 2025

To state a 11 claim under Title II of the ADA, a plaintiff must sufficiently allege (1) he is an individual 12 with a disability; (2) he is otherwise qualified to participate in or receive the benefit of 13 some … Plaintiff is allowed to append only 10 pages of 10 exhibits, which must be separated clearly from the complaint itself. 11 It is plaintiff’s responsibility to prosecute this case.

Haskell v. Brown

677 F. Supp. 2d 1187 · District Court, N.D. California · Dec 23, 2009

The court went on to find that, beyond the extraction of blood, “the DNA profile derived from [it] establishes only a record of the defendant’s identity — otherwise personal information in which the qualified offender can … claim no right of privacy once lawfully convicted of a qualifying offense (indeed, once lawfully arrested and booked into state custody).”

HTC CORP. v. Technology Properties Ltd.

715 F. Supp. 2d 968 · District Court, N.D. California · Jun 7, 2010

TPL has asserted consistently that Leekrone’s direct communication with HTC’s upper management qualifies as proper principal-to-principal communication. Id., Ex. … While the Court acknowledges that a perversion of Rule 2-100 is possible, the present record does not establish such impropriety here.

Cloutier v. Prudential Insurance Co. of America

964 F. Supp. 299 · District Court, N.D. California · Apr 22, 1997

Nonetheless, the language and the legislative history of the statute makes clear that Congress did not intend for § 501(c) to confer blanket *303 immunity on insurers in every insurance-related decision. … In a nation with hundreds of thousands of HIV-positive citizens, clearly Prudential could find studies of some kind on the disease.

Sam Sohn v. California Housing Financing Agency

District Court, N.D. California · Dec 29, 2020

Sohn had not clearly alleged any basis for a claim giving rise to federal 22 subject matter jurisdiction. Id. at 2. … Sohn was qualified to receive federal 25 funds for her home mortgage payments, but defendants reportedly declined to award her the funds 26 and committed perjury in a state court action.