Case law

Wilson v. Liu

District Court, N.D. California · Oct 28, 2019

Analysis 5 As a threshold matter, the court finds that plaintiff has proffered sufficient facts to 6 establish federal subject matter jurisdiction. … Space Hunters, Inc., 429 F.3d 416, 425 (2d Cir. 2005); 1 Cir. 1993) (the “housing for older persons” exemption qualified as an affirmative defense); 2 Hooker v.

Lemmon v. Santa Cruz County, Cal.

686 F. Supp. 797 · District Court, N.D. California · May 12, 1988

Plaintiff’s request for military leave clearly stated the purpose and duration of his request. Mr. Noren should not have been confused as to the nature of the request. … This reading of the legislative history of Sec. 2024(d) was clearly rejected in Anthony v. Basic American Foods, Inc., 600 F.Supp. 352 (N.D.Cal.1984). 9 .

Alexander v. The City of Brisbane Inc.

District Court, N.D. California · Aug 16, 2021

I previously dismissed this claim because Olga failed to “plausibly establish that her alleged 5 activities qualify as ‘petitioning activities’ … Any “publication” of the statement Valencia did to his supervisors would 15 be covered under section 821.6 immunity. 16 Because Olga cannot plead around the immunity issue, the Brisbane

Northwest Administrators, Inc. v. Sacramento Stucco

86 F. Supp. 2d 974 · District Court, N.D. California · Feb 14, 2000

Industrial Fence & Supply, supra, are so clearly in evidence here, Plaintiff has established a continuing, uninterrupted legal responsibility on the part of Sacramento Stucco to pay pension contributions on behalf of covered … Defendant has not established it qualifies to invoke an estoppel defense against Plaintiff, since Plaintiff had no knowledge of Defendant’s side agreement with the Union.

In re Cathode Ray Tube (CRT) Antitrust Litigation

911 F. Supp. 2d 857 · District Court, N.D. California · Nov 29, 2012

To begin, the Named DPPs do not allege that they had a preexisting cost-plus contract with any of the Defendants, so the first Illinois Brick exception clearly does not apply. See ATM Fee, 686 F.3d at 750 . … Defendants also argue that they are immunized from antitrust liability for the sole reason that CRTs are a “vital input” into FPs. Defs. Brief at 23.

Giuliano v. SanDisk Corp.

224 F. Supp. 3d 851 · District Court, N.D. California · Apr 29, 2016

Sullivan does not offer—nor does he appear qualified to offer—any opinions regarding the complicated technology underlying the Disputed Patents or the prior art references. . … the Court need not reach SanDisk’s arguments that Plaintiffs also have failed to establish "all the other elements necessary to establish a Sherman Act monopolization claim.”

Verduzco v. Price

District Court, N.D. California · Sep 30, 2022

27 immunity. … Defendant Bush does not make a qualified immunity argument, nor has she filed an 1 on May 12, 2017, and Basso instituted a “gate stop,” which was an order to personnel at the PBSP 2 entrance not to admit her.

Renfrew v. Hartford Accident & Indemnity Co. (In Re Western Asbestos Co.)

416 B.R. 670 · District Court, N.D. California · Sep 10, 2009

Review under the “clearly erroneous” standard is significantly deferential, requiring a “definite and firm conviction that a mistake has been committed.” Easley v. … that the statements were made and to establish the scope of the settlement *697 agreement.

Pacific Group v. First State Insurance

841 F. Supp. 922 · District Court, N.D. California · Oct 7, 1993

The movant must “clearly establish either a manifest error of law or fact or must present newly discovered evidence.” Western Elec. Co., 690 F.Supp. at 25 (quoting FDIC v. Meyer, 781 F.2d 1260, 1268 (7th Cir.1986)). … Defendant First State has failed to establish, let alone clearly establish, either a clear error of law or fact.

Schrader Cellars, LLC v. Roach

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

However, Roach clearly listed this defense in his Answer. Privilege. … For this reason, Cellars established standing for purposes of jurisdiction. 19 D.

Van Buren v. Dennison

District Court, N.D. California · Mar 31, 2024

review, the court must identify any 3 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 4 upon which relief may be granted or seek monetary relief from a defendant who is immune … Boerckel, 526 U.S. 838, 845 (1999) (petitioner must invoke “one complete 25 round of the State’s established appellate review process.”).

Sheppard v. Staffmark Investment, LLC

District Court, N.D. California · Feb 23, 2021

Accordingly, Plaintiff’s Claims One through Five fall clearly under the 17 Agreement’s coverage. Plaintiff does not challenge that the Agreement covers these Claims. … Courts have clearly established that an individual who is a driver and is directly engaged in 21 the interstate delivery of goods is a

Dao v. Gibbs

District Court, N.D. California · Aug 5, 2025

23 immunity. … immunity argument.

Advsr, LLC v. Magistro LTD.

District Court, N.D. California · Feb 28, 2020

arena the privilege is most often applied as a qualified one.” … First, in practical terms, adopting the mixed motive test would be tantamount 6 to proclaiming absolute immunity.

Scripps Clinic and Research Foundation v. Genentech, Inc.

678 F. Supp. 1429 · District Court, N.D. California · Feb 5, 1988

Genentech’s arguments fail to come to grips with the issue decided by the Court, that Genentech has not as a matter of law sustained its burden of establishing by clear and convincing evidence a threshold of materiality of … Miles clearly is in privity with Genentech for purposes of the issues in this action— there is complete identity of interests. See In re Gottheiner, 703 F.2d 1136, 1139 (9th Cir.1983).

Wilcox v. Ho-Wing Sit

586 F. Supp. 561 · District Court, N.D. California · May 3, 1984

Thus defendants are correct that this Court must stay all proceedings pending arbitration unless plaintiffs can establish that their claims are founded on issues not “referable to arbitration” within the meaning of § 3 of … I can imagine no construction of those words which would exclude from their coverage the primary victims of such a scheme and which would render such defendants immune from civil sanctions. 567 F.Supp. at 1240.

In Re Software Toolworks, Inc. Securities Litigation

789 F. Supp. 1489 · District Court, N.D. California · Mar 30, 1992

Creighton, 483 U.S. 635, 641, 646 , 107 S.Ct. 3034, 3039, 3042 , 97 L.Ed.2d 523 (1987) (qualified immunity may be decided as a matter of law because of public policy concern to protect government agents from submitting to … Plaintiffs fail to establish their burden under Celotex. 2.

In Re Quintus Securities Litigation

148 F. Supp. 2d 967 · District Court, N.D. California · May 31, 2001

Barton did this by engaging qualified lawyers to serve as class counsel on terms that were advantageous to the class. … A fair reading of the PSLRA also establishes this obligation.

Allums

District Court, N.D. California · Dec 23, 2025

“Major life activities” include 18 “the operation of a major bodily function, including but not limited to, functions of the immune 19 system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory … Even if he 12 pleads facts to establish an unlawful detention or obstruction, he does not allege a failure to train 13 that amounts to deliberate indifference to his constitutional rights.

Penrod v. AmeriCredit Financial Services, Inc. (In re Penrod)

493 B.R. 140 · District Court, N.D. California · May 10, 2013

Penrod’s right to recover her attorneys’ fees, if any, requires that she establish an entitlement to fees under both the *147 parties’ contract and state law. … Penrod's chapter 13 plan qualifies as the requisite ‘action on a contract’ ” (Penrod Br. at 13); — "The filing of AmeriCredit's proof of claim and the litigation of its claim pursuant to Ms.