Case law

Ruelas v. Costco Wholesale Corp.

67 F. Supp. 3d 1137 · District Court, N.D. California · Sep 8, 2014

So, too, was the plain language of the section: nothing suggests that a corporate check does not qualify as a personal check of the company in this circumstance. … Code § 2699 (f) ("For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: (1) If, at the time

Nesbitt v. United States

445 F. Supp. 824 · District Court, N.D. California · Feb 1, 1978

This requirement has now been clearly delineated by the Supreme Court in several decisions. See United States v. … New Britain, 347 U.S. 81 , 74 S.Ct. 367 , 98 L.Ed. 520 (1954), since “the identity of the lienor, the property subject to the lien, and the amount of the lien are established.” 347 U.S. at 84 , 74 S.Ct. at 369 .

Kirola v. City of San Francisco

74 F. Supp. 3d 1187 · District Court, N.D. California · Nov 26, 2014

According to Mastín, only licensed architects are qualified to be experts in disability access standards. RT 1250:19-1251:22. … Title 42, United States Code, section 1983 , “provides a cause of action for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States.” Wilder v. Virginia Hosp.

State v. Azar

385 F. Supp. 3d 960 · District Court, N.D. California · Apr 26, 2019

They have established they are likely to succeed on the merits of many of their claims. C. … HHS clearly set forth the factual findings underlying its decision in 2000 to rescind the physical separation requirement in the 1988 regulations.

Icon-IP Pty Ltd. v. Specialized Bicycle Components, Inc.

87 F. Supp. 3d 928 · District Court, N.D. California · Mar 31, 2015

Specialized does not argue that Harrigan is not qualified to be an expert in this case. *940 1. … Regardless of whether Specialized can establish a proper publication date for each of these exhibits, it points to no evidence establishing that the exhibits were publicly accessible.

Behring Regional Center LLC v. Mayorkas

District Court, N.D. California · Jun 24, 2022

Originally, to qualify for the program, visa applicants were required to demonstrate that their investments led directly to the creation of a specified number of jobs in this country. … Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); see also Feinerman v.

Wolf v. City of Millbrae

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

Wolf fails to establish that the RF emissions are 2 objectively unreasonable. … Unlike the telecommunications company, the HOA is an entity clearly covered by 10 the fair housing statutes because it is involved in the sale or rental of housing.

Eldredge v. Carpenters 46 Northern California Counties Joint Apprenticeship & Training Committee

440 F. Supp. 506 · District Court, N.D. California · Nov 3, 1977

The names of those who are qualified are placed on the new applicant referral list in that order up to a maximum of one and one-half times the estimated number of persons to be referred during the referral period. … However, neither man remembers clearly how he came to sign the Richmond register, and both are residents of San Pablo. Deposition of Joe A.

Natural Resources Defense Council, Inc. v. Evans

232 F. Supp. 2d 1003 · District Court, N.D. California · Oct 31, 2002

views of defendants’ qualified experts. … To the extent that plaintiffs’ qualified experts disagree with defendants’ qualified experts in an area of scientific uncertainty, where there is room for legitimate disagreement) the Court must defer to the Agency’s reliance

Ashbritt, Inc. v. Ghilarducci

District Court, N.D. California · Dec 16, 2020

The Court granted Defendants’ motion to 2 dismiss Plaintiff’s Privileges and Immunities Clause claim. (Dkt. No. 20.) … stage, “must clearly [ ] allege 22 facts demonstrating each element.”

CopyTele, Inc. v. E Ink Holdings, Inc.

962 F. Supp. 2d 1130 · District Court, N.D. California · Jul 9, 2013

E Ink desired to acquire SiPix not to obtain manufacturing capacity but rather to immunize itself from patent infringement actions (by acquiring SiPix’s intellectual property) and avoid price wars. See No. … According to CopyTele, the above retention of rights establishes that it retained substantial rights to the patents at issue, as established by multiple Federal Circuit cases.

In Re Rexplore, Inc. Securities Litigation

685 F. Supp. 1132 · District Court, N.D. California · Feb 26, 1988

Clearly, the law does not extend this far. Plaintiffs’ reliance on Barrett v. Bank of America, 183 Cal.App.3d 1362 , 229 Cal.Rptr. 16 (1986) is misplaced. … Thus, plaintiffs have failed to establish the use of reasonable diligence.

Whitley v. Javate

District Court, N.D. California · Mar 7, 2022

immunity. … immunity argument.

Alapati v. City and County of San Francisco

District Court, N.D. California · Apr 1, 2022

However the NIED claim cannot be maintained against CCSF due to the immunity of Cal. Govt. … The Court agrees. 7 An ADA violation is established when a plaintiff proves that (1) she is a “qualified individual 8 with a disability;” (2) “she was either excluded from participation in or denied the benefits

Fleming v. Kemper National Services, Inc.

320 F. Supp. 2d 951 · District Court, N.D. California · May 7, 2004

When the Court applies the de novo standard of review, the district court may admit additional evidence “only when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo review … Establish and enforce rules and procedures for the administration of the Company’s Participation Certificate and any claim under it; 3. Determine your eligibility for coverage; and 4.

Swann v. Intel Problems & Solutions

District Court, N.D. California · Mar 12, 2025

The complaint, therefore, must allege facts that plausibly establish the 2 defendant’s liability. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-57 (2007). … Thus, Plaintiff must clearly provide the legal and factual basis for 10 || all claims and must do so by filing an amended complaint by April 11, 2025.

Gomes v. Santa Clara County

District Court, N.D. California · Aug 17, 2020

But, Plaintiffs have not shown that exigency did not exist and so the Court DENIES 13 Plaintiffs’ motion for partial summary judgment 14 Defendants next contend that they are entitled to qualified immunity … A claim of qualified immunity requires a two- a 16 || part inquiry: “(1) Was the law governing the official’s conduct clearly established?

Butterfield, Sr. v. General Electric Company

District Court, N.D. California · Dec 15, 2023

Accordingly, a contractor who agrees to operate a production facility 2 pursuant to government specifications may qualify for the defense”); Butler v. … As detailed 10 below, the evidence NASSCO submits establishes that it has a colorable federal defense. 11 i.

Williams v. Smith

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

California Code of Regulations, Title 15 sections 1073 and 3084, grant 5 prisoners in the county jails and state prisons a purely procedural right: the right to have a prison 6 appeal.1 The regulations simply require the establishment … Defendant is advised that summary judgment cannot be granted, nor qualified 9 immunity found, if material facts are in dispute.

Chaidez v. Knowles

258 F. Supp. 2d 1069 · District Court, N.D. California · Mar 28, 2003

It is unclear whether the Ninth Circuit's holding is based on clearly established Supreme Court precedent. See Alvarado v. … Rather, it is whether [the conviction] violates due process under 'clearly established’ federal law, as already determined by the Court.”) 12 .