Case law

Natural Resources Defense Council, Inc. v. Evans

279 F. Supp. 2d 1129 · District Court, N.D. California · Aug 26, 2003

However, the Navy relied on qualified experts for their conclusion regarding the Bahamas stranding. … In enacting the MMPA, Congress clearly expressed its concern about the harm caused by harassment of marine mammals.

George v. United States

901 F. Supp. 2d 1179 · District Court, N.D. California · Oct 4, 2012

The HTV appealed that decision by the Superintendent to the BIA Area Director, Sacramento Area Office, but lost. 3 That result settled the debate as to whether George qualified as an “Indian of the Reservation” under Standard … George denies the analysis properly focuses on the standards established by the tribe, and focuses solely on the Short III opinion.

Tamrat v. Mercardo

District Court, N.D. California · Jun 4, 2025

Wilson, 124 F.3d 1019, 1022-23 (9th 10 Cir. 1997), and a state’s acceptance of federal funds may waive sovereign immunity. See Pugliese 11 v. … Baldrige, 844 F.2d 668, 674 (9th Cir. 8 1988) (“A plaintiff must do more than merely allege imminent harm sufficient to establish 9 standing; a plaintiff must demonstrate immediate threatened injury as a prerequisite

Rattie v. Balfour Beatty Infrastructure, Inc.

District Court, N.D. California · Nov 22, 2023

People with CVID have weakened immune systems that can make 12 them particularly susceptible to infection and, therefore, require frequent specialized infusions to 13 supplement their immune systems. … Balfour has 24 not established a lack of genuine dispute on this issue. 25 Next, Balfour argues Rattie cannot establish the requisite causal link between requesting 26 accommodation and being placed

Select Portfolio Servicing v. Valentino

875 F. Supp. 2d 975 · District Court, N.D. California · Jun 20, 2012

Finally, it is well-established in the 9th Circuit that Rule 9(b) applies to state-law causes of action brought in federal court. Id. at 1103 . … An exception to Noerr-Pennington immunity exists if a plaintiff adequately pleads that defendant has engaged in "sham” petitioning. Professional Real Estate Investors, Inc. v.

Blum v. Fleishhacker

21 F. Supp. 527 · District Court, N.D. California · Dec 6, 1937

A bidder required $250,000 to qualify his bid. … Herbert Fleishhacker knew the money was being borrowed for the purpose of qualifying the bid. He recommended to the bank the granting of the loan. He knew that the money was sent to L. B.

Dowdy v. Nam

District Court, N.D. California · May 11, 2023

Remaining Defenses 4 Defendants assert in the alternative that they are entitled to qualified immunity from 5 || liability for civil damages. Dkt. No. 32 at 17-18. … immunity 8 || argument.

Computer Place, Inc. v. Hewlett-Packard Co.

607 F. Supp. 822 · District Court, N.D. California · Oct 22, 1984

The simultaneous timing weakens the causal link CPI must establish. … However, the plaintiff must produce evidence of “ ‘conduct amounting to a substantial claim of restraint of trade or conduct clearly threatening to competition or clearly exclusionary.’ * * * [E]ven if the challenged practice

Lenk v. Monolithic Power Systems, Inc.

District Court, N.D. California · Nov 10, 2021

Code § 47(b), which “grants absolute 23 immunity from tort liability for communications made in relation to judicial proceedings.” 24 Mindys Cosmetics, Inc. v. … In Neely, the district court found that the plaintiff had “fail[ed] to 13 establish that RCW 49.44.010 provides for a private cause of action.” See id. at *6.

McCright v. Andes

District Court, N.D. California · Jul 28, 2025

In its review, a court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary relief from a defendant who is immune … In order to prevail on a claim of deliberate indifference to medical needs, a plaintiff must establish that prison staff knew of the seriousness of those needs and chose a path that was both “medically unacceptable under

In re Oracle Securities Litigation

91 Daily Journal DAR 5874 · District Court, N.D. California · May 6, 1991

The terms for compensation of class counsel are thus analogous to parties insurance coverage which is clearly, and quite sensibly, discoverable under Fed.R.Civ.P. 26(b). … The court is, nonetheless, satisfied that the Lowey firm is adequatély qualified to represent a class of Oracle shareholders.

Clark v. Oakland Police Department

District Court, N.D. California · Dec 16, 2024

Courts have denied IFP status 26 where plaintiffs have provided incomplete information about their financial status or failed to 27 clearly disclose their income and assets. … Clark qualifies financially to proceed in forma pauperis. But as discussed in the Statement, 2 Mr.

Moody v. Priccio

District Court, N.D. California · Jan 3, 2025

Arpin, 261 F.3d at 925. 20 Plaintiff argues that Officer Pricco conducted a warrantless arrest in violation of clearly 21 established law by entering onto Plaintiff’s front porch, grabbing her and placing her … immunity argument.

Wolph v. Acer America Corp.

272 F.R.D. 477 · District Court, N.D. California · Mar 25, 2011

Rule 23(b)(3) Requirements In order to certify a class under Rule 23(b)(3), Plaintiffs must establish that “common questions ... … However, the determination rests not on whether individualized damages determinations will be necessary but on “legal or factual questions that qualify each class member’s ease as a genuine controversy.” Thomas v.

Wehab v. Yeutter

743 F. Supp. 1353 · District Court, N.D. California · Aug 6, 1990

In accordance with the familiar maxim of jurisprudence that the particular qualifies the general, therefore, the evidence must meet the latter definition in order to support a finding of “practice.” 2. … The justification for this penalty was as follows: There were five clearly violative transactions without comment which were followed by a complete refusal by one clerk. Major ineligibles were sold in two transactions.

United States v. Conerly

75 F. Supp. 3d 1154 · District Court, N.D. California · Dec 8, 2014

Although officers had pursued Conerly to the home and their interest in entering the home was clearly related to their efforts to apprehend Conerly, “[subjective intentions play no role in ordinary, probable-cause Fourth … It is likely that Detroit has more than one area that would qualify as "high crime.”

Hartford Life and Accident Insurance Company v. Kowalski

District Court, N.D. California · Aug 22, 2023

To qualify as a QDRO under 29 U.S.C. § 1056(d), an order must clearly specify: 7 (i) the name and the last known mailing address (if any) of the participant and the name and mailing address of … The LSA in no way requires Hartford to “affirmatively 22 afford a type or form of benefit not established under [the] plan.” DeFazio v. Hollister, Inc., 636 F. 23 Supp. 2d 1045, 1078 (E.D. Cal. 2009).

Saldana v. Wells Fargo Bank, N.A.

367 F. Supp. 3d 1063 · District Court, N.D. California · Feb 8, 2019

Lacks Standing Plaintiffs concede that they failed to allege adequate facts to establish standing as to Plaintiff Jose G. Saldana, Jr. and request leave to amend the complaint. See WF Opp. at 7-8; US Bank Opp. at 6. … ("RESPA") for alleged failures to timely respond to Qualified Written Requests ("QWRs"). Compl. ¶¶ 38-43, 60-64.

Saarman Construction, Ltd. v. Ironshore Specialty Insurance Co.

201 F. Supp. 3d 1136 · District Court, N.D. California · Aug 19, 2016

The court therefore concluded that the language “lends itself to the interpretation that what must occur to qualify as an occurrence is property damage during the term of the policy, and there is nothing in the.. .language … clearly stating the causal conduct must also occur during the policy period.”

Holmes v. Electronic Document Processing, Inc.

966 F. Supp. 2d 925 · District Court, N.D. California · Aug 15, 2013

Furthermore, “a plaintiff may plead herself out of court” if she “plead[s] facts which establish that [s]he cannot prevail on h[er] ... claim.” Weisbuch v. … Motions to strike are generally disfavored and “should not be granted unless the matter to be stricken clearly could have no possible bearing on the subject of the litigation ...