Case law

Rodriguez v. Gigamon Inc.

325 F. Supp. 3d 1041 · District Court, N.D. California · Jul 11, 2018

Burns' factual representations regarding Gigamon's existing "large deferred service," "healthy product backlog," and "consistent quarterly linearity" are clearly distinguishable from the "assumptions" regarding gynecology … The fact that Gigamon's financial results turned out differently from the guidance, however, does not establish that the guidance was false when made. See In re Rackable Sys., Inc. Sec.

L.T. v. Eleanor Murray Fallon Middle School

District Court, N.D. California · Aug 5, 2024

Cal. 1993) (“California school districts are arms of the state for 22 purposes of Eleventh Amendment immunity and are therefore immune from liability under section 23 1983.”); Bratton v. … App’x 775, 776 (9th Cir. 2012) (“To meet this high standard, there must, in 3 essence, be an official decision not to remedy the violation and this decision must be clearly 4 unreasonable.”).

Regents of the Univ. of Cal. & Janet Napolitano v. U.S. Dep't of Homeland Sec. & Kirstjen Nielsen

298 F. Supp. 3d 1304 · District Court, N.D. California · Jan 12, 2018

Thus, to qualify as a statement of policy two requirements must be satisfied: (1) the policy operates only prospectively, and (2) the policy does "not establish a binding norm," and is not "finally determinative of the issues … An agency's past practice of generally granting a government benefit is also insufficient to establish a legal entitlement. Ibid.

Drevaleva v. Beeler

District Court, N.D. California · Feb 3, 2020

The complaint, therefore, must allege facts that plausibly establish the 4 defendant’s liability. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-57 (2007). … Thus, judicial immunity applies.

Ziyue Zhang v. Internal Revenue Service, et al.

District Court, N.D. California · Jul 30, 2026

“It is well settled that the United States is a sovereign, and, as such, is immune from suit 5 unless it has expressly waived such immunity and consented to be sued.” … failed to comply with the 8 scheme established by Congress by timely filing a claim for refund”); Larson v.

Padilla v. Internal Revenue Service

District Court, N.D. California · Jun 24, 2024

review the court must identify any cognizable claims, and 20 dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief 21 may be granted, or seek monetary relief from a defendant who is immune … Id., Ex. 4. 13 Question 15 asked “Does someone who is incarcerated qualify for the Payment [i.e., an EIP]?”

California v. Trump

267 F. Supp. 3d 1119 · District Court, N.D. California · Oct 25, 2017

CSR payments established by 42 U.S.C. §'18071. … Any significant interference with that goal not clearly permitted by law is a major harm that would justify an injunction.

Ybarra v. Town of Los Altos Hills

370 F. Supp. 742 · District Court, N.D. California · Feb 15, 1973

. § 1401 et seq. 3 Plaintiffs Ybarra and Yasquez allege that their respective incomes are low enough to qualify them for residence in the proposed housing project. … The second is that the requirements of due process are met unless the ordinance is shown to be clearly arbitrary and unreasonable. 7 The leading case is Village of Euclid v.

United States v. Crocker-Anglo National Bank

277 F. Supp. 133 · District Court, N.D. California · Oct 30, 1967

In addition, preference in establishing branches in those areas will be given to the newly established small banks (Saxon, Tr. 2058-2059). … This approach was clearly rejected in the majority opinion in Penn-Olin. The third proposition is that if “potential competition” is defined as in El Paso, the Government’s case clearly fails.

Federal Express Corp. v. California Public Utilities Commission

716 F. Supp. 1299 · District Court, N.D. California · Mar 30, 1989

LEGAL STANDARD Under Federal Rule of Civil Procedure 56, summary judgment shall be granted “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and … Comm’n, 659 F.2d 903, 919 (9th Cir.1981), aff'd, 461 U.S. 190, 206 , 103 S.Ct. 1713, 1723 , 75 L.Ed.2d 752 (1983) (courts assume that states’ police powers take precedence unless Congress clearly demonstrated contrary intent

Franklet v. United States

578 F. Supp. 1552 · District Court, N.D. California · Jan 9, 1984

The constitutionality of tax collection without a predeprivation hearing has long been established. … Given the claims for which plaintiffs have been penalized, it is in any case doubtful that any rule of which they could complain would qualify as "substantive,” and thus be subject to the notice and comment procedures, rather

Allstate Insurance v. Morgan

806 F. Supp. 1460 · District Court, N.D. California · Sep 25, 1992

Andrews, 915 F.2d 500 (9th Cir.1990) which found that negligent misrepresentations made in conjunction with the sale of property did not qualify as an “accident” for insurance coverage purposes). … IV CONCLUSION Controlling case authorities clearly indicate that none of the claims asserted against the Morgans in the underlying Trombler action are covered by Allstate Insurance Policy No. 034088479.

In Re Grand Jury Subpoenas

438 F. Supp. 2d 1111 · District Court, N.D. California · Aug 15, 2006

Movants argue that the Court should quash the subpoenas because “it is well-established within this Circuit that the First Amendment provides reporters with a qualified reporter’s privilege.” (Mot. at 31.) … that the material requested is “(1) unavailable despite exhaustion of all reasonable alternative sources; (2) noncumulative; and (3) clearly relevant to an important issue in the case”).

Kay v. Wells Fargo & Co.

247 F.R.D. 572 · District Court, N.D. California · Nov 30, 2007

Some mortgage lenders established their own affiliated or “captive” reinsurers (id. ¶ 23). … The service provided by the private mortgage insurer is clearly a “service provided in connection with a real estate settlement” (12 U.S.C. 2602(3)).

Simmons v. Koh

District Court, N.D. California · Sep 17, 2021

Ray, 386 U.S. 17 547, 553-54 (1967) (“Few doctrines were more solidly established at common law than the 18 immunity of judges from liability for damages for acts committed within their judicial jurisdiction, 19 … ); Zamora v. 22 Gonzalez, 15 F.3d 1095 (9th Cir. 1994) (unpublished) (affirming dismissal at screening of 23 complaint against defendants obviously entitled to qualified immunity).6 24

Motekaitis v. USI Insurance Services National, Inc.

District Court, N.D. California · Mar 5, 2025

establish its validity[.]” … As to MMA, Plaintiffs fail to state a legally cognizable claim 25 sufficient to overcome Section 230 immunity.

Pandolfi v. AviaGames, Inc.

District Court, N.D. California · Dec 3, 2024

8 immunity] appeal”); Mitchell v. … Feb. 14, 9 2020) (noting that “‘a complete stay of discovery pending an interlocutory appeal in qualified 10 immunity cases is not automatic’[;] [i]n some cases, ‘a more limited stay’ may be appropriate, 11 such

Bernstein v. United States Department of Housing & Urban Development

District Court, N.D. California · Apr 19, 2021

Kelly Servs., 488 F.3d 1163, 1167 n.3 (9th Cir. 2007) (“It is well 27 established, however, that § 1981 does not apply to claims of religious discrimination.”) … for acts done in 26 their official capacity.1 The doctrine of judicial immunity provides a “complete immunity from 27 1 suit, not just from

Hartley

District Court, N.D. California · Dec 4, 2025

The fact that a pro se 18 litigant would be better served with the assistance of counsel does not necessarily qualify plaintiff 19 to be appointed pro bono counsel. See Wilborn v. … Defendant is advised that summary judgment 2 cannot be granted, nor qualified immunity found, if material facts are in dispute. 3 7.

In Re Dynamic Random Access Memory (Dram) Antitrust Litigation

536 F. Supp. 2d 1129 · District Court, N.D. California · Jan 29, 2008

Instead the court looked *1136 at plaintiffs’ proposed new allegations in view of the Ninth Circuit’s liberal standards regarding leave to amend, and concluded only that the allegations were, at a minimum, not clearly futile … Rather, the court’s statement set forth the principle that consumers or competitors are qualifying examples of market participants. 6 .