Case law

Rubio v. Allison

District Court, N.D. California · Jul 26, 2021

Furthermore, supervisor defendants are entitled to qualified immunity where the 13 allegations against them are simply “bald” or “conclusory” because such allegations do not 14 “plausibly” establish the supervisors’ … Does not name any Defendant who did not act but is linked solely in his or 11 her respondent superior capacity or against whom Plaintiff cannot allege facts that would establish 12 either supervisorial or municipal

Chamberlan v. Ford Motor Co.

369 F. Supp. 2d 1138 · District Court, N.D. California · May 4, 2005

Alone, this anecdotal testimony would be insufficient to establish materiality. However, Mr. … Plaintiffs’ evidence is sufficient to establish a dispute of fact regarding materiality. C.

California Ex Rel. Lockyer v. US FOREST SER.

465 F. Supp. 2d 917 · District Court, N.D. California · Aug 22, 2006

Nor can it fairly be described as "clearly defined" if it redundantly and abstractly defines a plan merely by reference to its purposes. … To the extent that the MSA is not a part of the 1988 LRMP, it qualifies as a "valid existing right" because its termination terms have not been met.

Newton v. American Debt Services, Inc.

854 F. Supp. 2d 712 · District Court, N.D. California · Feb 22, 2012

Plaintiff filled out the Application, establishing a “Special Purpose Account” with Defendant Rocky Mountain Bank & Trust (“RMBT”). FAC ¶ 37. … It places a premium with dis-positive effect upon the location of the objectionable clause — whether they are written within the arbitration paragraph or the paragraph preceding it — even though the arbitration clause clearly

Mayo v. Dean Witter Reynolds, Inc.

258 F. Supp. 2d 1097 · District Court, N.D. California · Apr 22, 2003

On November 12, 2002, Judge Samuel Conti dismissed the declaratory relief action filed by Intervenors on the ground that the defendants are immune from suit under the Eleventh Amendment. NASD Dispute Resolution, Inc. v. … Unless a qualified arbitration panel could not be seated at all, application of the California standards would not render unenforceable an agreement to arbitrate.

Hall v. City of Walnut Creek

District Court, N.D. California · Jan 24, 2020

To state a claim of disability discrimination under Title II, 2 “the plaintiff must allege four elements: (1) the plaintiff is an individual with a disability; 3 (2) the plaintiff is otherwise qualified to participate … Immunity from Section 1983 claims only extends to state officials.

The Estate of Demetrius Stanley v. City of San Jose

District Court, N.D. California · Jan 20, 2024

constitutes negligence/wrongful death; (2) whether Officer Baza’s use of deadly force 18 constitutes battery; and (3) what amount of damages should be awarded to plaintiffs for any of the 19 above-listed violations that are established … to 11 the showing of the video must be made at least 7 days in advance of trial. 12 In this district, all prospective jurors fill out a standard online questionnaire to determine 13 whether they are legally qualified

Ham v. Allison

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

Furthermore, supervisor defendants are entitled to qualified immunity where the 12 allegations against them are simply “bald” or “conclusory” because such allegations do not 13 “plausibly” establish the supervisors’ … Does not name any Defendant who did not act but is linked solely in his or 10 her respondent superior capacity or against whom Plaintiff cannot allege facts that would establish 11 either supervisorial or municipal

Hibernia Bank v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers

411 F. Supp. 478 · District Court, N.D. California · Mar 26, 1976

In order to qualify under Section 186(c)(5), a trust fund must meet certain statutory conditions. … The court was clearly not attempting to establish a separate test for standing under Section 302, but even if it were, the Bank would lack standing.

Livadas v. Aubry

749 F. Supp. 1526 · District Court, N.D. California · Oct 12, 1990

Clearly, such contracts were merely a privilege, rather than a right, but the Supreme Court held that the privilege could not be conditioned upon the relinquishment of NLRA rights. … A fortiori, the State is clearly not preempted from providing this benefit to employees who work under CBA’s. Fort Halifax Packing Co. v.

Richter v. CC-Palo Alto, Inc.

176 F. Supp. 3d 877 · District Court, N.D. California · Mar 31, 2016

The enumerated subsections that Plaintiffs contend define, and thus limit, what qualifies as “operating costs” are non-exhaustive. … In an effort to establish an injury in fact and thus establish standing, Plaintiffs argue that they have a “vested security interest in the entrance fees created by statute.” Opp. at 6.

Benedict v. Hewlett-Packard Co.

314 F.R.D. 457 · District Court, N.D. California · Apr 8, 2016

Exh. 2 to Pilotín Deck at HP0002348; see also Albert Depo. at 88:25-89:3 (“the job description [for a particular title] clearly outlines for me what [an employee with that title] is, in terms of the roles and responsibilities … Federal, California, Colorado, and Massachusetts law all provide for exemptions from these requirements, which HP may choose to apply to qualifying classifications.

Comcast Cable Communications Corp. v. Finisar Corp.

571 F. Supp. 2d 1137 · District Court, N.D. California · Jul 11, 2008

While a prior art reference “must be enabling in order to qualify as an anticipatory reference under Section 102(b), a reference may qualify as a prior art reference under Section 103 even if it is non-enabling.” … Although Tydeman was primarily aimed at describing existing teletext/videotex systems, it clearly disclosed each limitation of claim 25.

McLaughlin v. Connecticut General Life Insurance

565 F. Supp. 434 · District Court, N.D. California · May 3, 1983

Consequently, defendant concludes, it is “bound to defer to FDA in determining what qualifies as ‘covered expenses,’ and that if therapy is not FDA-approved (like immuno-augmentative therapy), it is not, and should not be … As noted in the text above, under Missouri law, defendant clearly waived its right to raise its newly asserted defenses.

Irwin v. Mascott

112 F. Supp. 2d 937 · District Court, N.D. California · Aug 31, 2000

The right to statutory damages is established by any FDCPA violation. … The attorney in the Heintz case had claimed immunity from suit under the litigation exemption.

Salveson v. Western States Bankcard Ass'n

525 F. Supp. 566 · District Court, N.D. California · Oct 22, 1981

The right or immunity must be such that it will be supported if the Constitution or laws of the United States are given one construction or effect, and defeated if they receive another. … This collateral attack was a matter clearly within the federal court’s jurisdiction, and the attempt to ground it on state law was rejected as artful pleading. 10 .

Donohue III v. Antioch Police Department

District Court, N.D. California · Jul 24, 2025

Officer Riosbaas violated Donahue’s Fourth Amendment rights. 9 (ii) This Violation Was Clearly Established. 10 This violation was already clearly established at the time of the conduct. … See, e.g., 19 LaLonde, 204 F.3d at 952, 960; Meredith, 342 F.3d at 1063–64; Palmer, 9 F.3d at 1436. 20 Officer Riosbaas is not entitled to qualified immunity. 21 B.

O'Connor v. Uber Technologies, Inc.

82 F. Supp. 3d 1133 · District Court, N.D. California · Mar 11, 2015

Moreover, this Borello factor is qualified by the fact that Uber supplies the critical tool of the business— smart phone with the Uber application. … At least on this last point, the evidence is clearly the opposite: Uber is only paid when a “lead” results in a completed ride. .

Young v. Battles

District Court, N.D. California · Jan 11, 2023

In its review, the court must identify any 1 upon which relief may be granted or seek monetary relief from a defendant who is immune 2 from such relief. See id. § 1915A(b)(1), (2). … Defendant is advised that summary judgment cannot be granted, nor 9 qualified immunity found, if material facts are in dispute.

Securities & Exchange Commission v. Alexander

115 F. Supp. 3d 1071 · District Court, N.D. California · Jul 17, 2015

Moreover, it is well established that a criminal conviction may be used to establish issue preclusion in - a subsequent civil suit. See Hinkle Nw., Inc. v. SEC, 641 F.2d -1304, 1308 (9th Cir.1981); see also SEC v. … See Fehn, 97 F.3d at 1295 .- As a threshold matter, “ ‘first- offenders’ are not immune from in-junctive relief.” SEC v. Shapiro, 494 F.2d 1301, 1308 (2d Cir.1974); accord SEC v. Gowrish, No.