Case law

Manasen v. California Dental Services

424 F. Supp. 657 · District Court, N.D. California · Nov 4, 1976

Moreover, to qualify as “participating”, a dentist must agree to look solely to CDS for payment for dental care and services performed on CDS-covered patients and must agree not to charge the “CDS patient” the difference … Michigan Hospital Service, 361 F.Supp. 1199, 1211 (E.D.Mich.1973), the court held that “The basic function of Blue Cross of providing prepaid hospital care is clearly ‘the business of insurance.’ ” 9 See also Winters v.

Oden v. Reed

District Court, N.D. California · Aug 13, 2024

Plaintiff does not otherwise challenge the weight of the evidence establishing 4 fraud in the disciplinary hearing at issue. … Because the Court finds no constitutional violation occurred, it is not necessary to reach 08 Defendant’s qualified immunity argument. 16

Hoover v. Carey

508 F. Supp. 2d 775 · District Court, N.D. California · Sep 7, 2007

In 1987 reasonable jurists could disagree as to whether there was such a rule, demonstrating that it was not clearly established. Schardt v. … Lane, 489 U.S. 288, 310 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), then it is not a clearly established rule under 28 U.S.C. § 2254 (d)(1)”); see Kane v.

In re Naturalization of Gjerstad

307 F. Supp. 329 · District Court, N.D. California · Nov 7, 1969

These facts clearly indicate that the Moser case is inapposite to the present situation. … Unlike the Moser case, the form involved here clearly and explicitly informed petitioner of the results should he sign the form.

Johnson v. Nissan North America, Inc.

272 F. Supp. 3d 1168 · District Court, N.D. California · Aug 29, 2017

Cal. 2013), establishes otherwise, Nissan is mistaken. … But plaintiffs clearly allege that the repairs or replacements of their panoramic sunroofs do not address the alleged defect, and carry the same risk of shattering.

The Estate of Demetrius Stanley v. City of San Jose

District Court, N.D. California · Dec 22, 2023

Plaintiffs stipulate that Officer Baza is entitled to qualified 8 immunity on their Fourth and Fourteenth Amendment claims. Dkt. No. 39 at 8 n.1. … No. 42 at 11), they have not sufficiently demonstrated that 4 the decision qualifies as a planning or policy determination that is “discretionary” within the 5 meaning of § 820.2.

Monterey Bay Unified Air Pollution Control District v. United States Department of the Army

176 F. Supp. 2d 979 · District Court, N.D. California · Mar 13, 2001

Subject-Matter Jurisdiction Under CERCLA CERCLA provides a limited waiver of the United States’ sovereign immunity for challenges to cleanups at federal facilities. … Again, the District has failed to establish through the summary judgment procedure that the Army has violated any statute authorizing the payment of fees.

Saddozai v. Bolanes

District Court, N.D. California · Nov 20, 2020

immunity. … immunity argument.

National Aviation v. City of Hayward, Cal.

418 F. Supp. 417 · District Court, N.D. California · Jul 13, 1976

Even more persuasive on this point is defendant’s argument that it is completely immune from damage liability in this case. See section II infra. … Yet, as is set forth in the body of this opinion, Congress clearly intended that municipal airport proprietors issue regulations and establish requirements as to the permissible level of noise which could be created by aircrafts

De La Salle Institute v. United States

195 F. Supp. 891 · District Court, N.D. California · Jul 24, 1961

The Bishops of the Roman Catholic ■Church are required by its Canon law to •establish religious schools. … An organization established to carry out “church” functions, under the general understanding of the term, is a “church.”

Motekaitis v. USI Insurance Services National, Inc.

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

Moreover, 27 Defendants assert that claims against individual Defendants Cindy Gross and Scott Pinette fail 1 because both enjoy immunity under 47 U.S.C. § 230. … In the instant motion, Defendants Pinette and Gross argue they enjoy the same immunity because they merely re-sent the email to clients who said they had not received it.

In re Myford Touch Consumer Litigation

46 F. Supp. 3d 936 · District Court, N.D. California · May 30, 2014

B (MFT Handbook), does not clearly show a button for a defroster. … Where, as here, the representation is simply made and relied upon in inducing the completion of the transaction, then clearly it is a term of the bargain.

Wilson v. Leigh Law Group, P.C, (LLG)

District Court, N.D. California · Jul 14, 2020

The Noerr-Pennington doctrine provides immunity to 16 governmental entities, see Kearney v. … (See id. at ¶ 66.) 22 Such allegations, however, do not establish that “no reasonable litigant could 23 realistically expect success on the merits” of defendants’ oppositions.

CFA Northern California, Inc. v. CRT Partners LLP

378 F. Supp. 2d 1177 · District Court, N.D. California · Jul 21, 2005

Later, the franchisee requirements were changed such that Olguin became a qualified purchaser. On or about May 8, 2004, CRT purchased Thomas’s interest in the partnership. … The answer is clearly no. If CRT had not entered into the contract at issue, Plaintiff would have no claims against Defendants.

Hernandez Ex Rel. Telles-Hernandez v. United States

665 F. Supp. 2d 1064 · District Court, N.D. California · Oct 16, 2009

To establish causation in fact, the plaintiff must establish that the defendant’s conduct was “a substantial factor in bringing about the injury.” Lombardo v. … The record shows clearly that Mrs.

Howard v. City of Burlingame

726 F. Supp. 770 · District Court, N.D. California · Aug 29, 1989

The Ninth Circuit is consistent with the Supreme Court in borrowing from the analysis established in Cort v. … In establishing such a regulatory scheme, the privileges and responsibilities of certain groups of radio operators were defined.

Moreno v. Peffley

District Court, N.D. California · May 4, 2023

Peffley then used some of these items as “source items” in 2 the validation package that he prepared on March 23, 2020, to establish Mr. Moreno’s affiliation 3 with the EME. Id. Mr. … Defendants are advised that summary judgment cannot be granted, nor 15 qualified immunity found, if material facts are in dispute.

Nordberg v. Trilegiant Corp.

445 F. Supp. 2d 1082 · District Court, N.D. California · Apr 4, 2006

Trilegiant and Cendant (collectively “defendants”) are both registered with the California Secretary of State as corporations qualified to do business in California. … As aforementioned,' this is inadequate as it does not establish the existence of an agreement.

Krystofiak v. BellRing Brands, Inc.

District Court, N.D. California · Jun 14, 2024

At minimum, Plaintiffs must clearly allege why the level of lead is deceptive. … Plaintiffs refer to three representations in their complaint: “healthy snack,” “IMMUNE health support” or “IMMUNE HEALTH support,” and “a powerful nutrition boost.”

T'Bear v. Forman

359 F. Supp. 3d 882 · District Court, N.D. California · Feb 6, 2019

Further, the Loan Managers clearly reflect Plaintiff's express recognition that he is individually liable for payment of the notes on demand. … Thus, Plaintiff's defense can succeed only if a reasonable trier of fact could find that the loans qualify as consumer loans. b.