Case law

McLachlan v. Simon

31 F. Supp. 2d 731 · District Court, N.D. California · Jul 23, 1998

In order for plaintiffs to sue Adams for negligence, they must establish that he owed them a duty of care. Goldberg v. Frye, 217 Cal.App.3d 1258, 1267 , 266 Cal.Rptr. 483 (1990). … This rule is consistent with the BJR, which holds corporate officers immune from personal liability when they make business decisions in them fiduciary capacity. Id.

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.

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.

Xiaoyuan Ma v. Holder

860 F. Supp. 2d 1048 · District Court, N.D. California · May 16, 2012

Neither case involves the unique relief sought in the instant case; nor do they confront the principle established in Nakaranurack. … (emphasis added ) To qualify as a remedy ‘available as of right’, a remedy “must enable the agency to give unencumbered consideration to whether relief should be granted.” See, Ashcroft, 370 F.3d 932, 941 .

Tudor

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

“In general, parties should be able to share 6 documents with their experts that, while confidential, do not qualify for ‘highly confidential’ 7 designation. … If only a portion or portions of the material on a page qualifies for protection, 19 the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 20 markings in the margins).

Karahalios v. Defense Language Institute Foreign Language Center Presidio

613 F. Supp. 440 · District Court, N.D. California · Dec 31, 1984

Kuntelos were well-qualified for the course developer position. … Further, the “American rule,” clearly endorsed in Alyeska Pipeline Service Co. v.

Madrid v. Gomez

889 F. Supp. 1146 · District Court, N.D. California · Jan 10, 1995

Access to Medical Care Inmates must be afforded access in a timely fashion to medical providers who are qualified to treat their illnesses. … various immunizations.

Dowell v. Contra Costa County

928 F. Supp. 2d 1137 · District Court, N.D. California · Mar 1, 2013

, or to establish severe emotional distress. … The Coszalter court held that a plaintiff has established a valid First Amendment retaliation claim under § 1983 if the plaintiff can “establish that the actions taken by defendants were ‘reasonably likely to deter [them]

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.

Airs International, Inc. v. Perfect Scents Distributions, Ltd.

902 F. Supp. 1141 · District Court, N.D. California · Oct 17, 1995

“References in memo-randa ... to a need for discovery do not qualify as motions under Rule 56(f). … “It is difficult to imagine how the parties could have more clearly expressed their intent to make the written instrument a full and complete expression of their agreement.” Id.

Katherine G. Ex Rel. Cynthia G. v. Kentfield School District

261 F. Supp. 2d 1159 · District Court, N.D. California · Apr 7, 2003

The Supreme Court has not clearly defined the nature or elements of a claim for recoupment. … With regard to the facts, the District asserts that the evidence in the record, including the testimony of Cynthia G., “clearly establishes that at the May 1999 IEP team meeting there was discussion about a regular edu-eation

Smith v. Daguio

District Court, N.D. California · Sep 24, 2019

The right of 4 meaningful access to the courts extends to established prison grievance procedures. See 5 Bradley v. Hall, 64 F.3d 1276, 1279 (9th Cir. 1995); accord Hines v. Gomez, 853 F. … Defendants are advised that summary judgment cannot be granted, nor 17 qualified immunity found, if material facts are in dispute.

California-Nevada Annual Conference of the Methodist Church v. City of San Francisco

74 F. Supp. 3d 1144 · District Court, N.D. California · Nov 24, 2014

As an initial matter, “not every activity carried out by a religious entity or individual” qualifies. 146 Cong. Rec. S7774-01 (July 27, 2000) (Joint Statement of Senators Hatch and Kennedy). … The Conference, however, does not clearly identify which actions on the part of the City caused its takings damages.

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.

Piercy v. Tarr

343 F. Supp. 1120 · District Court, N.D. California · Jun 1, 1972

A new subgroup shall be established in this manner each succeeding year.” … This is clearly what occurred here.

Meier v. Texas International Drilling Funds, Inc.

441 F. Supp. 1056 · District Court, N.D. California · May 2, 1977

The supplemental prospectus clearly and adequately set forth the high degree of risk involved in an investment in the 1971 year-end drilling partnership. 19. … representing to Texas International that he understood the highly speculative and uncertain nature of an investment in the 1971 year-end drilling partnership and was representing other material facts about himself which qualified

Shainwald v. Davids

69 F. 687 · District Court, N.D. California · Aug 26, 1895

To fully and clearly understand the purposes and scope of this action, it will he necessary to refer somewhat fully to the allegations of the bill. … He is the duly-appointed and qualified and acting assignee of the estate of the bankrupt firm of Schoenfeld, Cohen & Co.

Pengilly v. Guardian Life Insurance Co. of America

81 F. Supp. 2d 1010 · District Court, N.D. California · Jan 6, 2000

Guardian’s plan limits the time period during which an employee qualifying for the long term disability payments is entitled to benefits. … A plan administrator abuses its discretion if it provides' no explanation for its decision, reaches a conclusion in conflict with the plan’s plain language, or bases its deci *1019 sion on clearly erroneous findings of fact

Vasheresse v. Laguna Salada Union School District

211 F. Supp. 2d 1150 · District Court, N.D. California · Mar 28, 2001

Based on this assessment, Stephany qualified for speech and language services and was referred to San Mateo County Mental Health Services to determine eligibility for mental 1 health services. … Clearly, the District met the fifty day time requirement.

Walker v. San Francisco Unified School District

741 F. Supp. 1386 · District Court, N.D. California · Jun 6, 1990

The Mount has an agreement with the Daughters of Charity whereby it has agreed to hire qualified Daughters of Charity sisters to work at the Mount at prevailing rates. … As was the case in Kendrick , there is no requirement in Chapter 2 “that the grantees be affiliated with any religious denomination, although [it] clearly does not rule out grants to religious organizations.” 108 S.Ct. at