Case law

Noel v. United States

893 F. Supp. 1410 · District Court, N.D. California · Jul 19, 1995

Discretionary Function Exception The FTCA provides a limited waiver of the United States’ sovereign immunity in lawsuits alleging negligent conduct of a United States employee. 28 U.S.C. § 1346 (b). … Allowing such a broad application of the discretionary function exception would, in effect, immunize almost all governmental activity from suit under the FTCA.

Lui Su Nai-Chao v. Boeing Co.

555 F. Supp. 9 · District Court, N.D. California · Apr 12, 1982

All these witnesses are clearly subject to process in this Court, and it is clearly more convenient for such witnesses to attend trial in this country than in Taiwan. … States and China and Japan regarding access by citizens of those countries to the United States courts renders this Court’s consideration of the plaintiffs’ residence improper, the Court notes that such treaties do not immunize

In Re World War II Era Japanese Forced Labor Litigation

114 F. Supp. 2d 939 · District Court, N.D. California · Sep 21, 2000

The official record of treaty negotiations establishes that a fundamental goal of the agreement was to settle the reparations issue once and for all. … See War Claims Act of 1948, 50 USC §§ 2001 -2017p (establishing War Claims Commission and assigning top priority to claims of former prisoners of war).

Aquino v. Credit Control Services

4 F. Supp. 2d 927 · District Court, N.D. California · Mar 19, 1998

The text of the message clearly identifies CCS as the recipient for payment of the debt and provides the company’s name and address for this purpose. … In two other cases, district courts have found that a message company which provided essentially the same service as Western Union did not qualify as a debt collector under the FDCPA. See Laubach v.

Lenci v. United States

District Court, N.D. California · May 5, 2020

, the United States and its agencies are immune from suit. … Thus, if 5 Lenci chooses to amend his complaint, he must establish that the government has waived its 6 sovereign immunity for any claim(s) he seeks to bring against it. 7

Loewen v. Lyft, Inc.

129 F. Supp. 3d 945 · District Court, N.D. California · Sep 15, 2015

To qualify, a new driver had to: (1) apply on or after midnight on February 25th; (2) enter a code upon signup; and (3) complete his or her first ride on or before March 5th. Id. … Ex. 4 (2014 TOS) at 24 (specifying no employment relationship established by’agreement and drivers are independent contractors).

Cross v. City of S.F.

386 F. Supp. 3d 1132 · District Court, N.D. California · May 2, 2019

And if Defendants destroyed documents while knowing the Plaintiffs were claiming selective enforcement, that would clearly be problematic. … It would not be a reason to immunize the officers from liability for their discriminatory actions. 4.

United States v. Layton

509 F. Supp. 212 · District Court, N.D. California · Mar 6, 1981

Florida, supra, but not to consider so an assault on the officials of one of the three branches of government established by the Constitution. … Congress, moreover, clearly intended to enforce the obligations of the United States under the treaties completely.

Fierro v. Gomez

865 F. Supp. 1387 · District Court, N.D. California · Oct 4, 1994

However, this court does not read Campbell to forbid resort to objective analysis of legislative trends in cases where the quantum of pain is neither clearly within nor clearly beyond constitutional bounds. … The medical personnel making the execution records clearly did not consider every movement to be conscious or volitional.

Guancione v. Espinosa

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

To 15 qualify for removal under the statute, “an officer of the federal courts must raise a colorable 16 federal defense, . . . and establish that the suit is ‘for an[] act under color of office.’” Id. … A waiver of sovereign immunity must 7 be “unequivocally expressed in statutory text.” Lane v. Pena, 518 U.S. 187, 192 (1996).

NGV Gaming, Ltd. v. Upstream Point Molate, LLC

355 F. Supp. 2d 1061 · District Court, N.D. California · Jan 31, 2005

Plaintiffs complaint clearly alleges each of these elements, and is therefore sufficient on its face. … Because the Court declines to find the Tribe a necessary party at this time, it does not proceed to the questions of indispensability under Fed.R.Civ.P. 19(b) or the Tribe’s immunity from suit.

(PC) Hill v. J. Beltran

District Court, N.D. California · Apr 13, 2021

Furthermore, supervisor defendants are entitled 26 to qualified immunity where the allegations against them are simply “bald” or “conclusory” … C 20-6557 YGR (PR)—on the form, clearly label the 2 || complaint “Amended Complaint,” and complete all sections of the form.

Capricorn Coffees, Inc. v. Butz

432 F. Supp. 917 · District Court, N.D. California · May 19, 1977

The Court held the statutory classification of households to be “clearly irrelevant to the stated purposes of the Act”, 413 U.S. at 534 , 93 S.Ct. at 2824 , see pp. 918-919, above. … The Act makes it plain that all such definitionally qualified stores are not ipso facto admitted to the program.

Hall v. California Department of Corrections

835 F. Supp. 522 · District Court, N.D. California · Oct 19, 1993

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Rather, Plaintiff seeks to establish a property interest in § 995 legal representation in general. 7 .

Roller v. City of San Mateo

399 F. Supp. 358 · District Court, N.D. California · Aug 12, 1975

Subsequently, she qualified for an appointment as a policewoman, and received such appointment effective July 1, 1974. On May 17, 1975, she informed Lieutenant Piacente that she was three months pregnant. … Further, the evidence before this court clearly establishes that the City of San Mateo does not have or implement an arbitrary policy of placing female employees on leave as soon as they are three months pregnant.

Foster v. Crosby

District Court, N.D. California · May 31, 2022

review, the court must identify any 25 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 26 upon which relief may be granted or seek monetary relief from a defendant who is immune … Furthermore, supervisor defendants are entitled to qualified 9 immunity where the allegations against them are simply “bald” or “conclusory” because 10 such allegations do not “plausibly” establish the supervisors’

Tobias v. Heckler

605 F. Supp. 233 · District Court, N.D. California · Mar 29, 1985

The language of the provision itself clearly does not support such an interpretation. … The regulations clearly require appropriate motor, sensory and reflex losses in association with muscle weakness in order to establish per se disability. 20 C.F.R., Subpart P, Appendix 1, § 1.05 C(2).

United Grocers, Ltd. v. United States

186 F. Supp. 724 · District Court, N.D. California · Aug 10, 1960

established by the legal papers of the cooperative. … There are also cases which have established that there must be equality of treatment for nonmembers if the cooperative is to qualify within the statutory policies laid down for exemption.

Allen v. United Financial Mortgage Corp.

660 F. Supp. 2d 1089 · District Court, N.D. California · Sep 15, 2009

Allen clearly received and signed these documents, including the Riders, as they bear his signature. Id. … In addition, in seeking to establish a violation of any statutory scheme, Allen must clearly indicate the specific requirements and subsections that he is alleging were violated. IT IS SO ORDERED. 1 .

Associated General Contractors of California, Inc. v. City & County of San Francisco

748 F. Supp. 1443 · District Court, N.D. California · Oct 9, 1990

While the level of scrutiny demanded is clearly exacting, it is not beyond satisfaction. … In other cases, qualified MBE firms were told they were not qualified, but were awarded contracts when outside parties evaluated the proposals.