Case law

Nehmer v. United States Veterans' Administration

118 F.R.D. 113 · District Court, N.D. California · Dec 22, 1987

In addition to satisfying the prerequisites of 23(a), plaintiffs must also qualify under Rule 23(b)(2). … However, the WA meets the requirements for associational standing established in Hunt v.

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.

American Federation of Government Employees, Local 1533 v. Cheney

754 F. Supp. 1409 · District Court, N.D. California · Mar 15, 1990

Therefore, the Court finds the required nexus to be established. 3. Discretion in Local Officials. … However, there is clearly another prong of threshold level of severity which the Navy Plan does not satisfy.

Austin v. Kia Corporation

District Court, N.D. California · Sep 22, 2025

Breyer. 26 3 Austin does not clearly state against whom he asserts each cause of action. … Federal judges are absolutely immune from civil liability for acts performed 2 in their judicial capacity, and their immunity extends not only to actions for damages but also for 3 declaratory, injunctive, and other

De Malherbe v. International Union of Elevator Constructors

476 F. Supp. 649 · District Court, N.D. California · Jul 16, 1979

s action may be established. … The federal government’s involvement with the O.I.C. program was clearly very similar to its involvement with EINRTP.

(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.

Duste v. Chevron Products Co.

738 F. Supp. 2d 1027 · District Court, N.D. California · Sep 2, 2010

If the privilege is only conditional or qualified, a finding of malice will prevent the communication from being found privileged.” Kashian v. … However, the Court finds that these cases are all distinguishable in that the employees were clearly acting outside the scope of their employment.

International Church of the Foursquare Gospel v. City of San Leandro

632 F. Supp. 2d 925 · District Court, N.D. California · Dec 22, 2008

Bullok is qualified to make this determination. In addition, Mr. … To establish violation. of the.

Moss v. City and County of San Francisco

District Court, N.D. California · Feb 2, 2024

Whether Moss is a “qualified individual” for any position 16 To establish a failure to make a reasonable accommodation claim, Plaintiff bears “the 17 burden of proving” he is qualified, or that he has the “ability … A “plaintiff proves he or she is a qualified individual by establishing that he or she 20 can perform the essential functions of the position to which reassignment is sought, rather than the 21 essential functions of

Genus Lifesciences Inc. v. Lannett Co.

378 F. Supp. 3d 823 · District Court, N.D. California · May 3, 2019

Lannett argues that POM Wonderful did not abrogate the principle established in Mylan. Lannett MTD at 7 n.4. … None of these statements qualify as false, but may be misleading in context.

Van Pool v. City and County of San Francisco

752 F. Supp. 915 · District Court, N.D. California · Dec 10, 1990

First, the facts in Martin are clearly distinguishable. … This exception clearly does not apply here.

Beckway v. DeShong

717 F. Supp. 2d 908 · District Court, N.D. California · Jul 28, 2010

“Judgment on the pleadings is proper when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law.” … “Judgment on the pleadings is proper when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law.”

Qwest Communications Corp. v. City of Berkeley

202 F. Supp. 2d 1085 · District Court, N.D. California · Nov 15, 2001

There are a number of other provisions within the statute in which Congress clearly stated that private parties would be entitled to sue. … The main intention of the Gorton amendment appears to have been to immunize localities from FCC review of decisions that he referred to as “purely local matters.”

Heard v. Jackson

District Court, N.D. California · Aug 3, 2023

Deliberate fabrication can be established by 23 circumstantial evidence. Spencer, 857 F.3d at 793. … judgment on qualified immunity grounds” rather than a “municipal 26 liability” case.

Clayton v. AT & T Communications of Southwest, Inc.

630 F. Supp. 2d 1092 · District Court, N.D. California · Jun 3, 2009

The court held that the states’ investigations into wiretapping activities did not violate the doctrine of intergovernmental immunity, were not preempted by federal statutes and did not infringe on the federal government’ … the original information requests, several of which did explicitly reference the NSA,” thus creating “a straw man, which it then attacks by arguing that the States have refused to ‘limit their inquiries to matters that clearly

Vargas v. Facebook, Inc.

District Court, N.D. California · Jan 21, 2021

lack standing because they fail to identify any facts about their use of Facebook to search for 18 housing ads sufficient to plausibly allege injury in fact, (ii) Facebook’s publishing conduct is 19 protected and immune … Under California’s UCL, plaintiffs must allege 8 facts to “(1) establish a loss or deprivation of money or property sufficient to qualify as injury in 9 fact, i.e., economic injury, and (2) show that economic injury

J & J Sports Productions v. Coyne

857 F. Supp. 2d 909 · District Court, N.D. California · Mar 7, 2012

Schmalz, 745 F.Supp.2d 844, 851 (S.D.Ohio 2010) (“Nowhere in this language [of § 553(a)(1) ] is the term ‘cable operator’ qualified with language indicating that the cable operator must be an ‘authorized’ cable operator. … Hernandez was clearly not aware that his acts constituted a violation of the law. Still, arguably he did not have “no reason to believe” so.

Wozniak v. Align Technology, Inc.

850 F. Supp. 2d 1029 · District Court, N.D. California · Feb 3, 2012

Such allegations were and remain insufficient to establish liability under Section 10(b). … The above-listed statements qualify as forward-looking.

People Ex Rel. Lockyer v. United States Forest Service

465 F. Supp. 2d 942 · District Court, N.D. California · Aug 25, 2006

Nor can it fairly be described as “clearly defined” if it redundantly and abstractly defines a plan merely by reference to its purposes. … To the extent that the MSA is not a part of the 1988 LRMP, it qualifies as a “valid existing right” because its termination terms have not been met.

Bruton v. Gerber Products Co.

961 F. Supp. 2d 1062 · District Court, N.D. California · Sep 6, 2013

Feb. 25, 2013) (construing Pom Wonderful as “dismissing] federal Lanham act claims implicitly on the basis of primary jurisdiction with the FDA,” and subsequently finding that “where FDA policy is clearly established with … In opposition, Bruton contends that her allegations are clearly sufficient to plead standing.