Case law

County of Santa Clara v. Trump

275 F. Supp. 3d 1196 · District Court, N.D. California · Nov 20, 2017

Szalczyk, 745 F.3d 634, 643 (3d Cir. 2014) (“[Settled constitutional law clearly establishes that [immigration detainers] must be deemed requests” because any other interpretation would render them unconstitutional under … as funding related to Medicare, Medicaid, transportation, child welfare services, immunization and vaccination programs, and emergency preparedness.

Gallardo v. Westfal-Larsen & Co. A/S

435 F. Supp. 484 · District Court, N.D. California · Jun 3, 1977

Yet, the authors of the Restatement clearly indicate that the contributory negligence of the plaintiff and assumption of risk have a direct bearing upon liability under Sections 343 and 343A. … The inspection sheet would then contain a comment regarding the need for sawdust or sand, but the sheet for October 25, 1974, contained no qualifying remarks whatsoever. 7 .

Frazier v. San Francisco IRS

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

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]?”

Sunlift International, Inc. v. Wolf

District Court, N.D. California · Jul 22, 2021

The evidence does not clearly show how the petitioner’s staff functions to relieve the beneficiary from performing 2 non qualifying tasks and is not sufficient to establish that … Application of Legal Standards 6 As discussed above, to establish eligibility for an EB-1C visa as a “function manager” a 7 petitioner must establish that “(1) the function is a clearly

Balu v. Druckman

District Court, N.D. California · Jan 7, 2025

Plaintiff’s claims against 27 Druckman, Hedstrom, and Layfield are clearly barred. 1 are in privity with the defendants in the prior suit. … the injury leading to that harm. 14 Defendants Hedstrom and Druckman also raise defenses based on the Eleventh 15 Amendment’s grant of immunity to states and prosecutorial immunity.

Dunaway v. Webster

519 F. Supp. 1059 · District Court, N.D. California · Jul 9, 1981

Document 42, attached to the Lang Affidavit, clearly falls within the test of Goland and is properly withheld. … dissemination it was to have within the agency, for whatever purpose the FBI wished, leads this court to conclude that the Congress had surrendered control over the transcript in question, and that therefore it does not qualify

Benda v. Grand Lodge of the International Association of Machinists & Aerospace Workers

442 F. Supp. 431 · District Court, N.D. California · Dec 15, 1977

A local lodge consists of not less than 35 persons in any locality, qualified for membership and organized under a charter issued by the Grand Lodge. … Inasmuch as the LMRA clearly proscribes such conduct, the.Court must find and conclude that the trusteeship was not established in good faith for a purpose allowable under Section 462. Gordon v.

Cabo Distributing Co., Inc. v. Brady

821 F. Supp. 601 · District Court, N.D. California · Oct 22, 1992

Upjohn Co., 780 F.2d 1190, 1194 (5th Cir. 1986) (party with burden “must establish beyond peradventure all of the essential elements ...” (emphasis original)). … The product is clearly labeled as *615 “vodka.” Plaintiffs’ Motion for Summary Judgment Brief at 8.

Villalpando v. Exel Direct Inc.

303 F.R.D. 588 · District Court, N.D. California · Nov 20, 2014

Exel does not dispute that Plaintiffs are represented by qualified counsel. … That provision (which is not expressly cited in the ITA) requires that where carriers provide transportation services in vehicles that they do not own, there must be a written lease that clearly states "the amount to be paid

Shuler v. The Honorable Stuart J. Scott

District Court, N.D. California · Dec 12, 2023

Shuler alleges that Judge Scott improperly 14 adjudicated the Nemec action by “us[ing] an incorrect criteria and standard in attempt to qualify 15 the case as one under the purview of the DVPA”; demonstrating “extreme … Shuler’s allegations do not establish that Judge Scott acted in the 2 clear absence of all jurisdiction. See id.

Martinez v. Internal Revenue Service

District Court, N.D. California · Feb 11, 2022

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]?”

Rejoice! Coffee Company, LLC. v. The Hartford Financial Services Group, Inc.

District Court, N.D. California · Dec 9, 2021

“The plaintiff, as the party invoking federal 3 jurisdiction, bears the burden of establishing these elements,” which at the pleadings stage means 4 “clearly . . . alleg[ing] facts demonstrating each element.” … However, an as-applied challenge is not 15 so immunized. MacKay, 188 Cal. App. 4th at 1450.

Levy v. Urbach

447 F. Supp. 712 · District Court, N.D. California · Feb 28, 1978

Generally, it is to be anticipated that such a facility will have been officially designated as a ‘leprosarium’ but, notwithstanding the absence of any such official designation, where the facts clearly establish that the … Neither party has clearly articulated a definition of the crucial phrase.

Sorace v. Orinda Care Center, LLC

District Court, N.D. California · Nov 9, 2021

The PREP Act’s 7 immunity provision provides as follows: 8 The immunity under paragraph (1) applies to any claim for loss that has a causal relationship with the … None of the Defendants’ conduct alleged by Plaintiffs qualifies as 9 administration or use of a covered countermeasure within the meaning of the PREP Act.

Petersen v. Clark

285 F. Supp. 693 · District Court, N.D. California · Jan 23, 1968

Hendrix, 277 F.Supp. 660 (N.D.Ga.1967), came to the same conclusion as this court: Carpenter said “Clearly, the court has no jurisdiction to consider or grant the relief sought by plaintiff at this point. … latter proposition is generally true, although theories as to * * * due process * * * may constitute peripheral qualifications upon the otherwise unlimited power of Congress to withdraw, curtail or in some other manner qualify

Cortez v. Hart

District Court, N.D. California · Dec 29, 2023

immunity. … immunity argument.

Harris v. Cisneros

District Court, N.D. California · Sep 8, 2022

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. 14 Question 15 asked “Does someone who is incarcerated qualify for the Payment [i.e., an EIP]?”

Pejouhesh

District Court, N.D. California · Dec 8, 2021

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]?”

Parklyn Bay Co. v. Liberty Insurance

119 F. Supp. 3d 1143 · District Court, N.D. California · Aug 12, 2015

Indeed, the duty to defend is then established. … State Farm Fire and Casualty Co., 156 Cal.App.4th 1469, 1486 , 68 Cal.Rptr.3d 216 (2007) (holding that ordinary dust can qualify as pollutant under certain circumstances where the dust is widely enough dispersed).

Clay v. Department of Treasury

District Court, N.D. California · Nov 23, 2021

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]?”