Case law

Calonge v. City Of San Jose

District Court, N.D. California · Jan 15, 2025

The Court 6 granted in part Defendants’ motion on Plaintiff’s Fourth and Fourteenth Amendment 7 claims, finding Officer Carboni entitled to qualified immunity, and dismissed without 8 prejudice Plaintiff’s state … Defendants therefore cannot establish 12 they are entitled to summary judgment as a matter of law on the wrongful death and 13 battery claims. See Young v.

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 .

Ellis v. San Francisco State University

136 F. Supp. 3d 1140 · District Court, N.D. California · Dec 22, 2015

On July 7, ,2015, this Court granted in part Defendant’s motion to dismiss,' finding that Plaintiffs Americans with Disabilities Act (“ADA”) claims were barred by sovereign immunity, but that Plaintiff could amend the complaint … The ADA was undoubtedly intended to establish the floor of protection for employees like Plaintiff and others filing suit under the statute.

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.

Wadler v. Bio-Rad Laboratories, Inc.

141 F. Supp. 3d 1005 · District Court, N.D. California · Oct 23, 2015

According to Wadler, “[b]oard members, who after all are responsible for making the most important decisions for the company, are clearly authorized to act on behalf of the company and thus qualify as ‘agents.’” … Similarly, he reasoned,, subsection (iii) clearly covers internal reports by attorneys that are required under Sarbanes-Oxley, which does not permit attorneys to report violations to the SEC except under limited circumstances

Doe v. State Farm General Insurance Company

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

“They may also qualify as 17 fraudulent business practices. … So, California’s statutory 21 insurer reporter privilege provides insurers “qualified immunity,” because it only provides 22 immunity to insurers who act “without malice.” Fremont Comp. Ins. Co. v.

Waste Management of Alameda County, Inc. v. East Bay Regional Park District

135 F. Supp. 2d 1071 · District Court, N.D. California · Mar 20, 2001

The Park District qualifies as the current owner of the site, 17 while WMAC qualifies as a past owner, past operator, and “arranger.” … At the same time, EPA emphasized that it is important to establish enforceable standards against which to measure cleanups that qualify for cost recovery under CERCLA, “so that only CERCLA-quality cleanups are encouraged.

Roberts v. Heim

670 F. Supp. 1466 · District Court, N.D. California · Mar 23, 1987

By stating a claim under § 10(b), plaintiffs have clearly alleged an injury caused by an unlawful act. … This finding, however, is qualified by the court’s previous message.

Swope v. Heckler

592 F. Supp. 803 · District Court, N.D. California · Jul 6, 1984

The record establishes that plaintiff could not walk and required long periods of rest every day as of July 1980. Dr. … The tests for determining disability in order to participate in the SSI program are essentially the same as the tests for determining disability to qualify for disability insurance benefits.

Lindsay-Poland v. United States Department of Justice

District Court, N.D. California · Dec 19, 2023

Siple, Plaintiff’s 4 FOIA request did not fall within the scope of Exception (C) because it did not establish the 5 element of “publication” – specifically, because Plaintiff failed to establish that he is a news media … It strengthened the rider’s antidisclosure language to include the phrase “all such data shall be immune from legal process,” after 17 the Seventh Circuit continued to maintain that FTS data was

Computer Access Technology Corp. v. Catalyst Enterprises, Inc.

273 F. Supp. 2d 1063 · District Court, N.D. California · Feb 13, 2003

Moreover, Catalyst argues the jury’s verdict of infringement is clearly contrary to the evidence. … In addition, Mendolia never established that the decline in sales was the result of any trademark infringement by Catalyst.

Conant v. McCaffrey

172 F.R.D. 681 · District Court, N.D. California · Apr 30, 1997

If either element is not established, a dispute is not ripe for resolution. See Socialist Labor Party v. … Indeed, at the hearing on these motions, the government’s attorneys were unable clearly to articulate the contours of federal policy on the subject.

Applied Elastomerics, Inc. v. Z-Man Fishing Products, Inc.

521 F. Supp. 2d 1031 · District Court, N.D. California · Sep 25, 2007

Plaintiff, however, contends that the facts unequivocally establish that the parties entered into the license agreement. … Chen intended the trebling provision to apply to underpayment of minimum royalties as well, he did not clearly communicate this intention to Defendant.

Ramirez v. Trans Union, LLC

301 F.R.D. 408 · District Court, N.D. California · Jul 24, 2014

Nonetheless, because of the Aert, the dealership recommended that Plaintiff and his wife purchase the car in her name alone since she qualified for the loan without her husband. They did so. … would not have qualified for credit from a particular lender in any event.

Occidental Geothermal, Inc. v. Simmons

543 F. Supp. 870 · District Court, N.D. California · Jul 15, 1982

Act clearly are capable of bearing a meaning that encompasses geothermal resources,” and that it would further Congress’ purposes to interpret these words as carrying this meaning. Id. at 1274. … Any person qualified to locate and enter the coal or other mineral deposits, or having the right to mine and remove the same under the laws of the United States, shall have the right at all times to enter upon the lands entered

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.

Bearden v. Alameda County

District Court, N.D. California · Jul 7, 2020

Zamora “clearly watched and allowed[] Bernal 7 to verbally attack” the plaintiff by “shouting obscenities”; (2) Mr. Zamora watched as Ms. … To establish liability under Monell, a plaintiff must allege a policy or custom 17 established by municipal policymakers and show that this policy or custom was the “moving force” 18 behind the constitutional violation

Bearden v. Alameda County

District Court, N.D. California · Mar 30, 2020

Without such 8 a statute, the public entity is immune from suit. … The County of Alameda’s internal workplace violence prevention policy is not an 27 enactment and thus cannot qualify as the basis for a § 815.6 claim. Although the County of 1 duty.

College Republicans at San Francisco State University v. Reed

523 F. Supp. 2d 1005 · District Court, N.D. California · Nov 19, 2007

II PRELIMINARY INJUNCTION The Ninth Circuit has established two sets of criteria for evaluating a request for a preliminary injunction. Earth Island Inst. v. … While the need to accommodate important competing interests makes it difficult to draw bright line distinctions in much First Amendment jurisprudence, there are some clearly established propositions to which we must attend

Haggard v. Curry

732 F. Supp. 2d 1003 · District Court, N.D. California · Aug 11, 2010

Macomber [was] more qualified.” Id. at 93-94. The Board stated that it would request another psychological evaluation prior to the next parole hearing. V. … Livingston’s methods, but stated that it would not “determine whether Doctor Livingston or Doctor Macomber is more qualified.” Id. at 93-94.