Case law

Desert Survivors v. US Department of the Interior

231 F. Supp. 3d 368 · District Court, N.D. California · Feb 6, 2017

The deliberative process privilege is a qualified privilege. Warner, 742 F.2d at 1161 . … The Supreme Court went on to find that the affidavits offered by the Secretary were merely “post-hoc rationalizations” of the decision that provided “an inadequate basis for review” and “clearly [did] not constitute the ‘

Oakley v. DeVos

District Court, N.D. California · Jun 17, 2020

First, similar to their constitutional arguments, plaintiffs contend that the 2 Secretary’s imposition of eligibility requirements violates the APA as “contrary to constitutional 3 right, power, privilege, or immunity … Irreparable Harm 16 To establish a likelihood of irreparable harm, plaintiffs “must do more than merely allege 17 imminent harm sufficient to establish standing; [they

Saba v. Unisys Corp.

114 F. Supp. 3d 974 · District Court, N.D. California · Jul 17, 2015

Construing, the facts in the light most favorable-to Saba, ■ the evidence does not show that Baker was clearly a less valuable employee. … The parties dispute whether Saba's other requests for leave qualify under the CFRA. See Unisys Mot. 14.

Kettenburg v. Google, Inc.

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

, “he has yet to make a dime off the cure for AIDS and ALL blood borne diseases,” and 10 questions “[h]ow much money was given to the medical establishment … Plaintiff shall file an amended complaint only if he can, in good 23 faith, explain clearly: (1) what happened to him; (2) how he was harmed by what happened to 24 him; (3) why what happened to him constitutes a violation

Ledezma v. Optum Services, Inc.

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

This evidence is insufficient to establish a genuine issue of material fact on whether Ledezma’s belief as to the vaccine is religious in nature. … Mar. 28, 2023) (“The important question isn’t whether an employee has a religious belief not to mistreat her body; the question is whether the employee’s belief that the vaccine qualifies as mistreatment is itself based

Anschutz Corp. v. MERRILL LYNCH AND CO. INC.

785 F. Supp. 2d 799 · District Court, N.D. California · Mar 27, 2011

Instead, because these securities were unregistered, they were available only to a limited group of “qualified institutional buyers” (QIBs) like TAC. FAC ¶ 180. … However, documents drafted solely by DBSI cannot be used against FRL to establish jurisdiction. 33 .

United States v. Chevron U.S.A. Inc.

380 F. Supp. 2d 1104 · District Court, N.D. California · Jun 24, 2005

The final Consent Decree demonstrates that EPA made significant concessions from the goals it established in the PRI template. … Chevron’s liability under those provisions can therefore only be determined after a complete investigation into all plant activities that may qualify as modifications under the relevant statutes.

In re Clorox Consumer Litigation

301 F.R.D. 436 · District Court, N.D. California · Jul 28, 2014

Plaintiffs assert that this class action qualifies under Rule 23(b)(3). Mot. at 22. … The presumption established in Tobacco II was much more limited, and it applied only to reliance, not exposure.

United States v. Warne

190 F. Supp. 645 · District Court, N.D. California · Nov 29, 1960

To achieve these ends, marketing areas throughout the State were established (Section 4204), to be administered by the Director of Agriculture (Section 4270), whose duty it is to establish minimum milk prices (Sections 4246 … We are of the opinion, however, that although Sec. 126 contains no express words to that effect, it manifests clearly the intent of the California legislature that it operates to transfer legislative jurisdiction over such

Barnes & Noble, Inc. v. LSI CORP.

823 F. Supp. 2d 980 · District Court, N.D. California · Oct 18, 2011

Hydro-Quebec, 626 F.3d 1213, 1219-20 (Fed.Cir.2010) (finding that the absent party could not be joined because it was immune from suit in that jurisdiction). … Thus, the Section 1404 factors do not clearly weigh in favor of rejecting Plaintiffs’ choice of forum.

Patrick v. Marshall

460 F. Supp. 23 · District Court, N.D. California · Aug 7, 1978

Titles II and VI of the Act dealing with public service employment were enacted “to provide unemployed and underemployed persons with transitional employment in jobs providing needed public services in areas qualifying for … However, Congress clearly did not intend that the gains of CETA workers should come at the expense of regular public workers.

In Re Ditropan XL Antitrust Litigation

529 F. Supp. 2d 1098 · District Court, N.D. California · May 11, 2007

Tool Group, Inc., 135 Cal.App.4th 663, 699 , 38 Cal.Rptr.3d 36 (2006) (a plaintiff can seek money or property as restitution where such “money or property identified as belonging in good conscience to the plaintiff could clearly … Intermodal Container Services, Inc., 114 Cal.App.4th 190, 206 , 8 Cal.Rptr.3d 350 (2003) (to state a UCL claim, a “plaintiff must establish that the practice is either unlawful (i.e., is forbidden by law), unfair (i.e., harm

Puget Sound Energy, Inc. v. Pacific Gas & Electric Co. (In Re Pacific Gas & Electric Co.)

271 B.R. 626 · District Court, N.D. California · Jan 4, 2002

We are of the opinion that electricity qualifies in each respect. … The electricity at issue here clearly meets that standard.

Severs v. Garcia

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

Garcia is an alter ego of 25 HYP3R or HYP3R MEDIA. 2 26 2 The parties dispute whether Garcia qualifies … benefit-transferee analysis here collapses into the alter ego analysis and does not, 27 under the facts alleged, provide a different route to establish

Ingrid & Isabel, LLC v. Baby Be Mine, LLC

70 F. Supp. 3d 1105 · District Court, N.D. California · Oct 1, 2014

N). *1129 Plaintiffs argument and attached evidence do not establish a breach. … Under California Civil Code § 47(b), communications made in or related to judicial proceedings are absolutely immune from tort liability.

Pagaling v. Napa State Hospital

District Court, N.D. California · Aug 3, 2022

1 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 2 upon which relief may be granted or seek monetary relief from a defendant who is immune … Trihn, to establish a gross negligence claim against any of 15 them. Dkt. No. 1 at 2. Plaintiff shall be granted leave to file an amended complaint to 16 allege specific facts to state such a claim.

American Institute of Interior Designers v. United States

208 F. Supp. 201 · District Court, N.D. California · Aug 6, 1962

Plaintiff’s 1956 exhibition was given primarily to apprise the public of services available from a qualified interior decorator. … Clearly, net earnings may inure to the benefit of members in other ways than through dividends. Northwestern Municipal Association v. United States (8th Cir. 1938), 99 F.2d 460 .

Axis Insurance Company v. Great American Insurance Company of New York

District Court, N.D. California · Feb 16, 2023

The work product doctrine is distinct from the 25 attorney-client privilege because the doctrine “is in fact ‘not a privilege but a qualified immunity 26 protecting [certain material] from discovery.’” … This is insufficient to establish that the letter 17 materially advanced and fostered a mediation.

Lamb v. Household Credit Services

956 F. Supp. 1511 · District Court, N.D. California · Jan 29, 1997

To establish employer liability under this theory, a plaintiff must establish that he or she was subjected to a hostile work environment, that the employer knew or should have known of the harassment, and that the employer … However, just because one employee holds a more senior position than another does not necessarily qualify him or her as a supervisor or manager whose knowledge or acts can be imputed to the employer.

Forti v. Suarez-Mason

672 F. Supp. 1531 · District Court, N.D. California · Oct 6, 1987

It is unnecessary that plaintiffs establish the existence of an independent, express right of action, since the law of nations clearly does not create or define civil actions, and to require such an explicit grant under international … The harms for which liability attaches constitute conduct clearly sounding in tort.