Case law

Maschmeier v. United States

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

1 (“ODCHC”), a federally qualified healthcare entity under the FSHCAA. … As such, the burden of establishing subject matter jurisdiction 15 rests upon the party asserting it. Id.

Austad v. United States Steel Corp.

141 F. Supp. 437 · District Court, N.D. California · May 24, 1956

It is neither registered nor qualified to do business in California, nor does it maintain any offices or representatives in California. It has authorized no agent to accept service of process upon it in California. … Likewise, it clearly appears that defendant Inland Steel is not “found” in any other district in California, within the meaning of 15 U.S.C.A. § 15 .

Chinatown Neighborhood Ass'n v. Harris

33 F. Supp. 3d 1085 · District Court, N.D. California · Mar 25, 2014

“A facial challenge to a legislative Act is ... the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” … Section 1983 of Title 42 of the United States Code provides a cause of action for anyone who suffers a “deprivation of any rights, privileges, or immunities secured by the Constitution and laws” under color of state law.

Washington v. Magado

District Court, N.D. California · Aug 22, 2022

The regulations simply require the establishment of a procedural structure for 4 reviewing prisoner complaints and set forth no substantive standards; instead, they provide 5 for flexible appeal time limits, see Cal … Defendants are advised that summary judgment cannot be granted, nor 21 qualified immunity found, if material facts are in dispute.

Daniels v. Alphabet Inc.

District Court, N.D. California · Mar 31, 2021

“[A] mere contractual right of payment, 11 without more, does not entitle the obligee to the immediate possession necessary to establish a 12 cause of action for the tort of conversion.” … Daniels relies solely on conclusory assertions that YouTube acted in bad faith and 26 that its conduct does not qualify for protection under Section 230(c)(2)(A). 27 Mr.

American President Lines, Ltd. v. United States

224 F. Supp. 187 · District Court, N.D. California · Oct 10, 1963

Congress could hardly have used language more clearly so requiring. … It is qualified by two exceptions (neither applicable here) and by an express requirement (very much applicable here).

Andrade v. City of Burlingame

847 F. Supp. 760 · District Court, N.D. California · Mar 23, 1994

The undisputed facts of this case clearly show that Officer Harman’s actions did not rise to this level of culpability. … Without establishing that Officer Harman intended to seize plaintiffs by using the dog, plaintiffs cannot establish a fourth amendment violation. 7 .

Castillo v. Borla

District Court, N.D. California · Jul 17, 2025

Consequently, for deliberate indifference to be established, there must 20 exist both a purposeful act or failure to act on the part of the defendant and harm resulting 21 therefrom. … Defendants are advised that summary judgment 3 cannot be granted, nor qualified immunity found, if material facts are in dispute. 4 7.

In Re Deep Vein Thrombosis

356 F. Supp. 2d 1055 · District Court, N.D. California · Feb 14, 2005

To support their claim, plaintiffs offer the following evidence: “The [a]ir- *1061 lines’ responses [to plaintiffs’ discovery interrogatories] are replete with objections and qualifying language. … For example, Dell is clearly a integral part of the overall market for retail computers and is in a unique position to “exert pressure” on and “advise” software manufacturers such as Microsoft to produce only the highest

Carpenter v. City and County of San Francisco

803 F. Supp. 337 · District Court, N.D. California · Sep 11, 1992

Additionally, “ ‘the fact that a statute has some identifiable secular objective will not immunize it from further analysis to ascertain whether it also’ directly and substantially advances religion.” … Specifically, the court found that the County’ support of the park, holding the deed and paying for its maintenance, was clearly direct.

Smith v. Sonoma County, California

District Court, N.D. California · Nov 7, 2024

The complaint does not clearly state the alleged misconduct regarding the removal of 25 Plaintiff’s daughter. … To establish municipal 16 liability, plaintiffs “must prove that ‘action pursuant to official municipal policy’ caused their 17 injury.” Id. (quoting Monell v. Dep't of Soc.

Bernstein v. Virgin America, Inc.

227 F. Supp. 3d 1049 · District Court, N.D. California · Jan 5, 2017

State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter ... ”). … In other words, “the purpose behind the FLSA is to establish a national floor under which wage protections cannot drop, not to establish absolute uniformity in minimum wage and overtime standards nationwide at levels established

Pinterest, Inc. v. Pintrips, Inc.

140 F. Supp. 3d 997 · District Court, N.D. California · Oct 21, 2015

Pintrips’ plans — to the extent it had plans at all— were clearly in the formative stage. This presented a significant difficulty for Dr. … Instead, the evidence presented during trial establishes the contrary.

James v. AT & T West Disability Benefits Program

41 F. Supp. 3d 849 · District Court, N.D. California · Jun 2, 2014

or may reasonably become qualified, based on training! … Referring to such pain as ‘excess pain,’ our cases have established a clear rule regarding its assessment: Once a claimant submits objective medical evidence establishing an impairment that could reasonably be expected to

Saddozai v. Atchley

District Court, N.D. California · Mar 5, 2021

Plaintiff claims Defendant Atchley had 18 the power to correct these problems but “failed to provide adequate or qualified staff.” 19 Dkt. No. 1 at 5-6. … However, his 16 allegations are insufficient to establish all five elements for a retaliation claim.

Reiffin v. Microsoft Corp.

270 F. Supp. 2d 1132 · District Court, N.D. California · Mar 31, 2003

Plaintiff counters that the 1990 application clearly signals that the editor is capable of being interrupted. … They were products widely publicized and the existence of which would not have been difficult for plaintiff to establish.

Mullins v. Premier Nutrition Corp.

178 F. Supp. 3d 867 · District Court, N.D. California · Apr 15, 2016

Battle of the Experts Premier insists a battle of the experts alone does not immunize UCL and CLRA claims from summary judgment because, if the scientific community is merely divided, then the plaintiff cannot establish that … Premier thus contends that studies showing glucosamine and ehondroitin are not clinically effective do not establish its claims are false or misleading.

Valle v. Morgado

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

"Until that determination is made, a plaintiff is not 'legally 4 prevented from taking action to protect his rights'" to qualify for tolling under § 356 as required by 5 Hoover. … Immunity 23 Cal. Gov.

Revelez v. Allison

District Court, N.D. California · Feb 27, 2023

The fact that Plaintiff was “belittled” is not 6 sufficient to establish the requisite state of mind, i.e., that this officer knew of and 7 disregarded an excessive risk to Plaintiff’s safety. … Defendants are advised that summary judgment cannot be granted, nor 22 qualified immunity found, if material facts are in dispute.

Farha v. Foss

District Court, N.D. California · Jan 15, 2020

review the court must identify any cognizable claims, and dismiss any claims 3 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 4 monetary relief from a defendant who is immune … Furthermore, supervisor defendants are entitled to qualified immunity where the 16 allegations against them are simply “bald” or “conclusory” because such allegations do not 17 “plausibly” establish the supervisors’