Case law

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 ...

Law v. Mooney

District Court, N.D. California · Sep 18, 2025

Taken together, this evidence is more than sufficient to 24 establish that officers had probable cause to arrest Law. … immunity.

Yurok Tribe v. Dowd

District Court, N.D. California · Jul 5, 2022

Once a 10 court’s jurisdiction is challenged, the party asserting jurisdiction bears the burden of establishing 11 it. Robinson v. … should not go without mention that dismissal for lack of subject matter jurisdiction is 25 rare in federal question cases and is warranted only “where the alleged claim under the 26 constitution or federal statutes clearly

Harrison

District Court, N.D. California · May 11, 2026

(cleaned up)). 24 Therefore, as a matter of law, Harrison’s physical apprehension of Button does not qualify 25 as protected conduct under the MWA. … Harrison offers no Minnesota law providing that a citizen’s arrest—let 27 alone a violent one—qualifies as protected reporting conduct under the MWA that is immune from 1 aggressive and unprofessional behavior, often

LeGrand v. Abbott Laboratories

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

Immune”; “#1 Doctor 1 Law (“FAL”) (Cal. Bus. & Prof. Code §§ 17500 et seq.); violation of California’s Consumers 2 Legal Remedies Act (“CLRA”) (Cal. Civ. … the evidence 8 in fact establishes that plaintiffs would win at trial.”

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.”

Brady v. United of Omaha Life Insurance

902 F. Supp. 2d 1274 · District Court, N.D. California · Aug 20, 2012

Plaintiff nonetheless argues that these decisions “were decided incorrectly, as the California definition is saved from ERISA preemption because it qualifies under ERISA’s Savings Clause.” … United of Omaha argues: (1) Plaintiffs requested equitable relief “is clearly legal rather than equitable in nature because the claimed harm can be adequately addressed by money damages,” Defi’s Mot. to Dismiss at 8, and,

Cline v. Reetz-Laiolo

329 F. Supp. 3d 1000 · District Court, N.D. California · Jun 28, 2018

She has thus established a property right in the records under a constructive trust theory as discussed above. … This allegation is sufficient to establish a "measurable loss" in the use of his computer. J.

United States v. Zagari

419 F. Supp. 494 · District Court, N.D. California · Aug 11, 1976

That case holds that while the judge under attack has authority to decide the question, there is no law which prohibits another qualified federal judge from doing it when properly requested. … He was trying to help establish his civil claim in the federal court and to increase the settlement value thereof by the manipulation of a state court murder case against one of them.

In Re Worlds of Wonder Securities Litigation

814 F. Supp. 850 · District Court, N.D. California · Mar 8, 1993

The Second Circuit established the bespeaks caution doctrine more firmly in Luce v. Edelstein, 802 F.2d 49 (2d Cir.1986). … In addition, the bespeaks caution doctrine does not apply to immunize false statements if the defendants knew the statements were false when made.

Carvalho v. EQUIFAX INFORMATION SERVICES, LLC

588 F. Supp. 2d 1089 · District Court, N.D. California · Dec 2, 2008

Upon her arrival, and before receiving any medical care, Plaintiff completed and signed an Agreement with Bayside (the “Agreement”) establishing her responsibility for payment for any medical services rendered. … While there is no evidence that Plaintiff has been guilty of undue delay, bad faith, or dilatory motive, Plaintiff's claims clearly are foreclosed by the inaccuracy requirement of § 168li and § 1785.16.

Romero v. Hodgson

319 F. Supp. 1201 · District Court, N.D. California · Nov 20, 1970

The state and federal defendants moved to dismiss on various procedural grounds, invoking, among other things, sovereign immunity, the limits on federal equitable jurisdiction in tax cases ( 28 U.S.C. §§ 1341 , 2201 and 26 … On such an established record and under such circumstances I cannot conclude that the Court must abrogate its responsibility and defer to the legislative process. I. History of Unemployment Compensation.

Intertrust Technologies Corp. v. Microsoft Corp.

275 F. Supp. 2d 1031 · District Court, N.D. California · Jul 3, 2003

InterTrust has thus established that control is equivalent to control information. … At the hearing the Court explored In-terTrust’s offer to qualify its original proposed definition.

Schuman v. Microchip Tech. Inc.

302 F. Supp. 3d 1101 · District Court, N.D. California · Feb 6, 2018

As discussed below, however, that temporal distinction does affect what conduct by Microchip may qualify as a breach of its fiduciary duties. b. … Such relief is clearly encompassed by section 502(a)(3). See Mertens v.

Childs v. Gasca

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

See Armstrong, 124 F.3d at 1022-23. 1 their sovereign immunity or Congress has validly abrogated their sovereign immunity in the 2 applicable statute. See Kentucky v. Graham, 473 U.S. 159, 167 n.14 (1985). … the question whether Congress validly abrogated the States’ immunity as to Title II.

Pacific Bell Telephone Co. v. City of Walnut Creek

428 F. Supp. 2d 1037 · District Court, N.D. California · Apr 13, 2006

Here, the second and third factors are clearly present. … The sixth cause of action states: "As heretofore alleged, the City’s actions violate [AT & T]’s rights, privileges and immunities under ... the TCA ( 47 U.S.C. § 253 )[J” {See Compl. ¶ 76.)

Alaniz v. California Processors, Inc.

73 F.R.D. 269 · District Court, N.D. California · May 5, 1976

Thus, in regard to relative seniority, seasonal employees were clearly disadvantaged when compared with regular employees. … It merely established an orderly method by which members of the discriminatee class could apply and qualify for road driver positions ‘when vacancies occur.’ ” 525 F.2d at 1318 .

Maldonado v. Ashby

District Court, N.D. California · May 31, 2023

Defendant filed a motion for summary judgment on 23 the grounds that Plaintiff cannot meet his burden of proving deliberate indifference to 24 serious medical needs, Defendant is entitled to qualified immunity, and … Harris, 550 U.S. 372, 380-83 (2007) (police 4 officer entitled to summary judgment based on qualified immunity in light of video 5 evidence capturing plaintiff’s reckless driving in attempting to evade capture which

Scalph v. Timber Products Trucking, LLC

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

alleged physical injuries to his “head, brain, neck, shoulders, back, chest, 24 arms, hips, pelvis, buttocks, legs, knees, and feet, and internally, including but not limited to, 25 internal bleeding and hematoma, and immune … The nature and scope 19 Scott Scalph’s injuries were clearly at issue in this case from its inception.

Lopez v. Dean Witter Reynolds, Inc.

591 F. Supp. 581 · District Court, N.D. California · Jul 31, 1984

First, the victims of the predicate acts of racketeering clearly suffer injury (“predicate act injury”). … Given the variety of acts which qualify as "racketeering” under 18 U.S.C. § 1961 (1), to attempt to fashion a definition which would apply to all situations is unwarranted at this time.