Case law

Hodges v. Akeena Solar, Inc.

274 F.R.D. 259 · District Court, N.D. California · Mar 10, 2011

The threshold of knowledge required to qualify a class representative is low; a class representative will be deemed inadequate only if “startlingly unfamiliar” with the case. Moeller v. … The Neubronner court stated that an "allegation of a three-year period of contemporaneous trading is clearly insufficiently specific to establish contemporaneity.” Id.

Vietnamese Fishermen Ass'n of America v. California Department of Fish & Game

816 F. Supp. 1468 · District Court, N.D. California · Feb 25, 1993

Provisions of Proposition 132 As noted above, Proposition 132 clearly prohibits the use of gill and trammel nets to take rockfish within the state’s coastal waters, i.e., from 0 to 3 miles offshore. … Further, plaintiffs’ complaint contained claims based on Privileges and Immunities and equal protection.

Valerio v. Boise Cascade Corp.

80 F.R.D. 626 · District Court, N.D. California · Apr 6, 1978

But an anticompetitive motive is clearly not enough to convert otherwise privileged First Amendment activity into a violation of the Sherman Act. Id. at 916-17 . … The Court also stated an exception to the general rule of immunity where the conspiracy was directed toward harassing “and deterpng] their competitors from having ‘free and unlimited access’ to the agencies and courts.”

Lewis v. Stark

312 F. Supp. 197 · District Court, N.D. California · Dec 19, 1968

In King , the man found by Alabama to be a substitute father lived with his own family and made no income or resources available to the supposed “substitute” child and its mother and clearly had no ability to contribute to … His children are needy and may qualify for AFDC as a separate case if his income is less than the need. 4 . See note 3 supra. 5 . See note 2 supra. 6 .

Fireman's Fund Insurance v. National Bank for Cooperatives

849 F. Supp. 1347 · District Court, N.D. California · Apr 1, 1994

CoBank’s claims clearly do not arise out of an advertising injury caused by Lawrence. … XLS’s failure to defend against the claim is clearly a failure to cooperate.

Minden Pictures, Inc. v. John Wiley & Sons

10 F. Supp. 3d 1117 · District Court, N.D. California · Jan 27, 2014

The Court previously dismissed Minden’s claims to the extent it relied upon certain copyright assignments to establish standing. … Here, the agency agreements in question clearly convey on Minden the authority to issue licenses to use the photographer’s photos.

Saleh v. Blinken

District Court, N.D. California · Mar 25, 2025

See id. 14 Here, Saleh is challenging the consular officer’s decision to refuse direct-filing of his own 15 petition to establish a qualifying familial relationship—the … In other words, this case does not concern a 19 noncitizen’s visa application; it concerns a U.S. citizen’s own petition to establish a qualifying 20 familial relationship.

Lee v. EDEN MEDICAL CENTER

690 F. Supp. 2d 1011 · District Court, N.D. California · Feb 4, 2010

Lee’s level of insight and judgment appeared grossly intact as far as day-today life, but clearly impaired regarding issues relating to Chen, Tawn, and some of her physician colleagues.... … Within this framework, plaintiffs may establish a prima facie case of discrimination by reference to circumstantial evidence; to do so, plaintiffs must show that they are members of a protected class; that they were qualified

Muchnick v. Department of Homeland Security

225 F. Supp. 3d 1069 · District Court, N.D. California · Dec 6, 2016

First, Exemption 6 shields “personnel and medical files and similar files” if disclosing them would result in “a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552 (b)(6). … Wiener held that the FBI did not establish a “rational nexus” between a legitimate law enforcement purpose and documents compiled about John Lennon’s anti-Vietnam War activities. See 943 F.2d at 985-86.

Rangel v. Twitter Foundation

District Court, N.D. California · Jul 19, 2022

Incorporation by Reference 1 In establishing his account, Rangel agreed to Twitter’s Terms of Service and … First, despite Rangel’s 14 insistence to the contrary, e.g., Opp at 8, Twitter clearly is a “provider . . . of an interactive 15 computer service” under the CDA. See 47 U.S.C. § 230(f)(2); Dyroff v.

In re Itel Securities Litigation

89 F.R.D. 104 · District Court, N.D. California · Jan 22, 1981

The Court finds that joinder would clearly be impractical due to the large number of defendants. … Blyth is represented by highly qualified counsel.

Roberts v. Western Airlines

425 F. Supp. 416 · District Court, N.D. California · Oct 12, 1976

Plaintiffs have likewise failed to establish their second claim against the unions. … Congress clearly intended the back pay period to start with the date a plaintiff filed charges with the EEOC.

OpenTV, Inc. v. Netflix Inc.

76 F. Supp. 3d 886 · District Court, N.D. California · Dec 16, 2014

Netflix contends the '169, '691, and '268 patents fail to qualify under this section. The Supreme Court’s recent decision in Alice Corp. Pty. Ltd. v. … Nevertheless, this is not clearly an instance where the patentee is merely attempting to claim a computer-based implementation of a long-established concept or practice.

Peterson v. Sutter Medical Foundation

District Court, N.D. California · Aug 10, 2023

Prevailing defendants 5 are also entitled to fees for hours reasonably spent “to establish and defend the fee claim.” 6 Ketchum v. … See Moonbug, 2022 WL 1289048, at *4 (noting defendants need not apportion 22 qualifying fees).

Burhardt v. Alvarez

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

“A 11 plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, 12 that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of … review, the Court must identify any 24 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon 25 which relief may be granted or seek monetary relief from a defendant who is immune

Amado v. The Procter & Gamble Co.

District Court, N.D. California · Jun 8, 2023

Although the challenged statements are 1 is clearly set off from the above-described vertical purple banner by a horizontal, yellow 2 banner, and the type size and colors of the two banners are markedly different. … Supp. 3d at 285 (noting statement that “Ester C provides your body with the immune and antioxidant support it needs to help keep you 26 healthy

Grassetti v. Weinberger

408 F. Supp. 142 · District Court, N.D. California · Feb 10, 1976

Defendants’ determination of which test to use and of how extensive such testing should be is a matter clearly outside the scope of this court’s jurisdiction to review. … This he clearly did. If anything, defendants have gone to greater lengths than usual to explore any possible beneficial effects of CPDS and its derivatives. They found none.

Vargas v. Lopez

District Court, N.D. California · Sep 29, 2025

See generally ECF No. 18 (Answer) (asserting only affirmative 11 defense of qualified immunity). … This does 22 not show diligence and does not establish good cause. The Court also agrees with Vargas that 23 allowing Defendants to amend their pleadings this late in the game would prejudice Vargas.

Maggay v. Micke

District Court, N.D. California · Nov 2, 2023

No. 41. 1 summary judgment on the grounds that no triable issues of fact exist and they are entitled 2 to qualified immunity.2 Dkt. No. 45. … Because each party’s version of events differed 25 substantially, the Court of Appeal adopted plaintiff’s version and denied defendant’s 26 motion for summary judgment based on qualified immunity. Id. at 378.

(PC) Lamon v. Foss

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

Defendant bears the 2 burden of establishing that Plaintiff has three or more qualifying dismissals under § 3 1915(g) (or “strikes”), which requires the submission of evidence sufficient to demonstrate 4 at least … three prior qualifying dismissals.