Case law

Federal Agency of News LLC v. Facebook, Inc.

District Court, N.D. California · Jan 13, 2020

First, Facebook qualified as an “interactive computer service” based on Plaintiffs’ 10 allegations and ample case law. Id. at 8-9. … (internal quotation marks and citations omitted)). 15 Thus, because Facebook qualifies as an “interactive computer service,” Facebook satisfies 16 the first prong of Section 230’s immunity test.

Callahan v. Ancestry.com Inc.

District Court, N.D. California · Jun 15, 2021

City of Dallas, 493 U.S. 215, 231 (1990)). 24 “Where, as here, a case is at the pleading stage, the plaintiff must clearly allege facts 25 demonstrating’ each element.” Id. (cleaned up). … Thus, there was no immunity for its tortious conduct. Jd. at 1262-63. 12 In sum, Ancestry has immunity under § 230(c)(1).

Coffee v. Google LLC

District Court, N.D. California · Feb 10, 2021

Fourth, Google 26 argues that Loot Boxes do not qualify as illegal slot machines under California gambling laws. 27 Google’s first and fourth arguments do not constitute grounds for dismissal for the reasons 1 … Plaintiffs do not allege that the free 4 download of video games qualifies as “the sale or lease of goods or services” under the CLRA. 5 Moreover, courts in this district have held that virtual currency is not a good

United States v. Crocker-Anglo National Bank

263 F. Supp. 125 · District Court, N.D. California · Oct 6, 1966

It involves a determination and establishment of a public policy. See Finfrock, “Trial de Novo — Panacea?” … In this qualified sense, but in no other, is its hearing one de novo.” Another approach to a similar problem was made in American Beauty Homes Corp. v.

Tai Chiu Wong v. Ilchert

785 F. Supp. 822 · District Court, N.D. California · Nov 1, 1991

Wong states that he has established Chinese nationality and deserves a stay of deportation under the EO. … The PRC clearly considers Wong to be a national, as evidenced by its issuance of his passport.

Berenson v. Twitter, Inc.

District Court, N.D. California · Apr 29, 2022

five-strike COVID-19 misinformation 20 policy and, even if it applied those strikes in error, that alone would not show bad faith. 21 Rather, the allegations are consistent with Twitter’s good faith effort to respond to clearly … Twitter established a policy that set out standards for 24 account suspension for posting COVID-19 misinformation.

Florence v. Allison

District Court, N.D. California · Mar 6, 2023

“Not all 23 unsuccessful cases qualify as a strike under Section 1915(g). … It also does not establish that he was in imminent danger 24 insofar as the infected inmates were quarantined, he gained natural immunity from having had 25 COVID-19 previously, and he makes no allegation or indication

Regal v. County of Santa Clara

District Court, N.D. California · Apr 2, 2025

Consuelo Garcia was not deliberately indifferent. 16 “Qualified immunity shields government actors from civil liability under 42 U.S.C. 17 § 1983 if ‘their conduct does not violate clearly established … When evaluating 20 an assertion of qualified immunity, “a court considers whether (1) the state actor’s conduct 21 violated a constitutional right and (2) the right was clearly established at the time of the alleged

Spath v. County of Santa Clara

District Court, N.D. California · Jul 7, 2023

The plain language of section 5 855 clearly states that not all statutory or regulatory violations will provide a basis for liability, 6 only those that prescribe minimum standards. … and in whole by § 854.8 20 immunity.

Lewis

District Court, N.D. California · Aug 17, 2026

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). … Plaintiff fails to identify any federal statute or constitutional right that gives rise to a federal 1 insufficient to establish federal question jurisdiction.

Tesoro Refining & Marketing Co. v. Pacific Gas & Electric Co.

146 F. Supp. 3d 1170 · District Court, N.D. California · Nov 20, 2015

Moreover, the first paragraph of Rule 14 establishes that PG&E has a duty of reasonable diligence, and immunizes PG&E from liability for service interruptions that are not caused by PG&E’s failure to fulfill that duty. … There is no indication that PG&E intended to avoid such liability when it submitted Rule 14, or that the CPUC intended to grant such broad immunity when it approved the Rule.

Cooper v. United Air Lines, Inc.

82 F. Supp. 3d 1084 · District Court, N.D. California · Mar 10, 2015

Motorola, Inc., 703 F.2d 392, 393 (9th Cir.1983) (holding that the plaintiff established a prima facie case for age discrimination under the McDonnell Douglas framework because he “was clearly within the protected class, … Plaintiff could establish that Defendant’s articulated reasons were pretex-tual if her qualifications were “clearly superior” to the qualifications of the selected applicant. See Road v. Fairbanks N. Star Borough Sch.

United States v. Felix

76 F. Supp. 3d 984 · District Court, N.D. California · Dec 23, 2014

Defendant argues that he showed the defendant a broken gun, *989 “clearly suggesting by his actions and words that he was trying to get rid of that gun through Navarro,”- the informant. Reply at 8. … Defendant also argues that the government disingenuously stated that it granted immunity so that the informant could testify for the defense, when the government was aware, based on the informant’s previous statements, that

Waymo LLC v. Uber Technologies, Inc.

319 F.R.D. 284 · District Court, N.D. California · Apr 10, 2017

Even though Fisher clearly explained that the attorneys were immunized by reason of the attorney-client privilege, Levandowski misconstrues the foregoing snippets from Fisher as holding that “the lawyer stands in the shoes … Thus, the attorney-client privilege immunizes a lawyer against compelled production if two requirements are met.

Hoyt Heater Co. v. American Appliance Mfg. Co.

502 F. Supp. 1383 · District Court, N.D. California · May 29, 1980

Predatory intent may itself be established by a showing of predatory pricing. … Even that guess, though, was not adequately qualified in terms of the time period it referred to or the type of heaters involved.

Citizens for a Better Environment-California v. Union Oil Co.

861 F. Supp. 889 · District Court, N.D. California · Jul 8, 1994

Thus, in order to avoid dismissal, plaintiffs must establish that none of these objections is well-founded. *899 1. … This labeling clearly was not accidental. The CDO and settlement agreement resulted from lengthy and detañed negotiations among the parties.

Farris v. Cox

508 F. Supp. 222 · District Court, N.D. California · Feb 10, 1981

Second, the court establishes a fair, normal, hourly charge, recognizing differentials depending on the experience, standing and skill of each lawyer. … There was no long and complicated trial, but rather a clear prima facie case established by the defendants’ own records. Moreover, the risk involved in this litigation was not high.

Pacific Gas & Electric Co. v. Railroad Commission

13 F. Supp. 931 · District Court, N.D. California · Mar 9, 1936

company’s applications were held, and in- • terim rates were established. … In fact, the Company does not want the Commission to depart from its well established policy, except as to the rate of return allowed.

Kennedy Jr. v. Meta Platforms, Inc.

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

The Supreme Court added that the Fifth Circuit 18 “glossed over complexities in the evidence” in part because it “relied on the District Court’s 19 factual findings, many of which unfortunately appear to be clearly … The plaintiffs clearly do not argue that 23 Meta “performs a traditionally public function.” Id. at *5 (quoting Manhattan Cmty. Access, 587 24 U.S. at 804).

Hewlett-Packard Co. v. Bausch & Lomb, Inc.

116 F.R.D. 533 · District Court, N.D. California · Jul 17, 1987

Documents are not immune from discovery merely because they are damaging to the party from whom they are sought. … The first is that the Clark draft was clearly and thoroughly the work of a lawyer.