Case law

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.

National Ass'n of Radiation Survivors v. Walters

589 F. Supp. 1302 · District Court, N.D. California · Jun 12, 1984

While the Supreme Court’s summary affirmance in Gendron clearly bars a facial challenge to the limit, it does not bar a challenge such as that made here. … The basic entitlement to such benefits is set forth in 38 U.S.C. §§ 310 and 321, and these sections provide an absolute right to benefits to qualified individuals. Cf. Doran v.

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.

Bradford v. Voong

District Court, N.D. California · Dec 10, 2020

In the alternative, 6 Defendants argue that they are entitled to qualified immunity because it was not clearly 7 established that a false accusation could amount to a due process violation. … The right of access to the courts 17 extends to established prison grievance procedures. See Bradley v.

Bradford v. Voong

District Court, N.D. California · Dec 9, 2020

In the alternative, 6 Defendants argue that they are entitled to qualified immunity because it was not clearly 7 established that a false accusation could amount to a due process violation. … The right of access to the courts 17 extends to established prison grievance procedures. See Bradley v.

KS Ex Rel. PS v. Fremont Unified School Dist.

545 F. Supp. 2d 995 · District Court, N.D. California · Feb 22, 2008

Clare is clearly qualified to opine on educational programs for autistic children, nothing in the record establishes a foundation for Dr. … and other qualified experts disagreed.

Walker v. Martel

803 F. Supp. 2d 1032 · District Court, N.D. California · Mar 31, 2011

“[A] federal habeas court may not issue the writ simply because the court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. … Murphy, 331 F.3d 1062,1068 (9th Cir.2003). [7,8] Holdings of the Supreme Court at the time of the state court decision are the only definitive source of clearly established federal law under AEDPA.

Sharper Image Corp. v. Target Corp.

425 F. Supp. 2d 1056 · District Court, N.D. California · Mar 29, 2006

Des. 375,546 (the Lee patent), in order to establish the’'494 patent’s points of novelty. Plaintiff relies on Bernhardt, LLC v. … Applicable Law Under California Civil Code § 47(b), communications made in or related to judicial proceedings are absolutely immune from tort liability.

Rock The Vote v. Trump

District Court, N.D. California · Oct 29, 2020

Prior to this action, O’Rielly had allegedly expressed “deep 1 immunity. … Section 230(c) provides certain immunities in civil litigation.

National Federation of the Blind v. Uber Technologies, Inc.

103 F. Supp. 3d 1073 · District Court, N.D. California · Apr 17, 2015

Plaintiffs allege that Uber’s operations fall under the “travel service” category, so Uber qualifies as a public accommodation. 42 U.S.C. § 12181 (7)(f). Dkt. No. 28 at 19. The ADA does not define travel services. … There, the Court discussed the meaning of “public accommodation” and reasoned that “[b]y including ‘travel service’ among the list of services-considered ‘public accommodations,’ Congress clearly contemplated that ‘service

Montanocordoba v. Contra Costa County

District Court, N.D. California · Mar 24, 2021

Shiraishi Is Entitled to Qualified Immunity 16 Lastly, the court further finds that Shiraishi would be entitled to summary judgment 17 based on qualified immunity. … To support her position 19 that such conduct violates clearly established law, plaintiff relies on two cases: (1) Wallis 20 v. Spencer, 202 F.3d 1126 (9th Cir. 2000) and (2) Ram v.

Adeeb

District Court, N.D. California · Aug 10, 2026

Adeeb makes no 26 argument as to any of those factors, and, in any event, they do not clearly favor Adeeb. … Qualified Immunity 24 Defendants argue that the individual defendants receive qualified immunity for their 25 alleged conduct solely because Adeeb “has failed to establish

In Re McKesson HBOC, Inc. ERISA Litigation

391 F. Supp. 2d 812 · District Court, N.D. California · Sep 9, 2005

Plaintiffs note that a plan need only contain 50% employer securities to qualify as an ESOP. Id. at ¶ 204. … However, when the plan clearly does not permit diversification, a fiduciary who violates these terms without good cause will face liability.

Tolowa Nation v. United States

380 F. Supp. 3d 959 · District Court, N.D. California · Mar 12, 2019

exclusive to the Nation's ancestors, but also included members of the rancherias; (2) available evidence showed that the members of both DNIWA and the rancherias considered DNIWA as an organization whose advocacy role differed clearly … The Proposed Finding also determined that the Nation did not qualify for the relaxed criteria for recognition under section 83.8, as it could not demonstrate it had unambiguous previous federal acknowledgment as an Indian

Poulsen v. Dep't of Def.

373 F. Supp. 3d 1249 · District Court, N.D. California · Mar 22, 2019

It is well-established that Section 102A qualifies as a withholding statute for the purposes of FOIA Exemption 3. See, e.g. , Berman v. CIA , 501 F.3d 1136 , 1140 (9th Cir. 2007) ; Freedom of the Press Found. v. … However, as noted above, I have assumed that tweets and media comments by the President qualify as the source of official acknowledgments.

Federal Express Corp. v. California Public Utilities Commission

723 F. Supp. 1379 · District Court, N.D. California · Oct 11, 1989

LEGAL STANDARD Under Federal Rule of Civil Procedure 56, summary judgment shall be granted “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and … Federal Express depicts a scenario in which CPUC regulations would force the corporation to assume that all packages, whether carried by air or by ground, or across state lines or within California, qualify for CPUC regulation

Johnson v. Alameda County Sheriff Department - Santa Rita Jail

District Court, N.D. California · Nov 29, 2021

The caption on the FAC clearly states that it is alleging 26 violations of 42 U.S.C. § 1983. … State clearly if she seeks to hold Alameda County liable for her excessive force and 24 deliberate indifference claims (currently, claims one and two).

Davenport v. Litton Loan Servicing, LP

725 F. Supp. 2d 862 · District Court, N.D. California · Jul 16, 2010

By that time, she might have qualified as an elder under the statute. … Apparently, the voluntary program establishes guidelines that lenders should consider when reviewing a modification request.

Rosenfeld v. JPMorgan Chase Bank, N.A.

732 F. Supp. 2d 952 · District Court, N.D. California · Aug 9, 2010

Plaintiff states that he contacted Chase to seek a modification of his loan, and that Chase advised him to be late on his payments to qualify for a modification. Id. … Here, Plaintiff cannot establish that he is entitled to quiet title.

Davis v. RiverSource Life Insurance Co.

240 F. Supp. 3d 1011 · District Court, N.D. California · Feb 21, 2017

The period of time set forth by the insurer for return of the policy by the owner shall be clearly stated on the notice and this period shall be not less than 30 days.... Cal. Ins. … To meet this standard, a plaintiff bringing suit under any prong of the UCL must “(1) establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show that