Case law

Salas v. Forkner

District Court, N.D. California · May 15, 2020

Defendant Barneburg is therefore not entitled to summary judgment with respect to the cell search unless 9 he is entitled to qualified immunity. 10 Id. at 32. … The Basnett declaration persuasively 4 establishes that any testimony by the informant that he did indeed tell Barneburg that Salas had a 5 weapon in his cell could get him killed by STG members or sympathizers.

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

Everett Associates, Inc. v. Transcontinental Insurance

141 F. Supp. 2d 989 · District Court, N.D. California · Mar 7, 2001

To establish Transcontinental owed Payne a duty of care and proximate causation, Plaintiff must establish that he qualifies as a “direct victim” of Defendants’ breach under Molien v. … A & B) The question here is whether the Clark settlement or any component of it qualify as “damages because of advertising injury.”

Jericho Nicolas v. Uber Technologies, Inc.

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

Id. at 69-70. 2 The Court, however, qualified that the validity of a delegation provision is not 3 necessarily immune from judicial review prior to its enforcement. … This conclusion is in line with well- 14 established Ninth Circuit authority. Rangel v.

Steel v. Alameda County Sheriff's Office

District Court, N.D. California · Dec 23, 2019

Since the Sheriff’s Office does 5 not dispute that plaintiffs’ rights were violated, and the allegations in the FAC clearly meet the 6 requirements established by Gordon, plaintiffs have adequately alleged civil rights … While the plain 2 || language of the regulation did not bar the development of a plan before the 7-day deadline, it 3 clearly did not require that.

Nat'l Educ. Ass'n v. Devos

379 F. Supp. 3d 1001 · District Court, N.D. California · Apr 26, 2019

The institutions we represent clearly desire to comply with the rules, but are struggling with how to prepare to do so. … "Guidance is inherently non-binding and, therefore, could not be used to establish any new requirements." Id.

Hawthorne v. Kernan

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

Outdoor Media Group, Inc., 506 F.3d at 899. 2 The Court cannot and does not consider Plaintiff’s deposition testimony on a motion to dismiss 3 because the content of a deposition is not a clearly established “fact” … Qualified Immunity 23 Defendant Swensen argues that she is entitled to qualified immunity because Plaintiff has 24 failed to plead any facts that establish either the existence

Sullivan v. Chase Investment Services of Boston, Inc.

79 F.R.D. 246 · District Court, N.D. California · Jun 6, 1978

Each class member must establish receipt of the Chart as a condition of recovery. … could be established beyond genuine dispute, they presumably would have filed a motion for summary judgment.

United States v. Jensen

537 F. Supp. 2d 1069 · District Court, N.D. California · Mar 4, 2008

For example, Jensen received emails establishing that options had an effect on Brocade financials and audits. … Jensen clearly knew her conduct was unlawful and, the Court believes, knew that her conduct affected Brocade’s finances and audits.

Phoenix Solutions Inc. v. Wells Fargo Bank, N.A.

254 F.R.D. 568 · District Court, N.D. California · Oct 22, 2008

Phoenix argues that Wells Fargo’s request should be denied because it is overly broad and seeks waiver for documents that are clearly privileged and outside the scope of any subject matter waiver of such privilege. … A party should not be able to immunize from admissibility documents otherwise discoverable merely by offering them in a compromise negotiation.” See Fed.R.Evid. 408, advisory committee’s note.

Christopher T. v. San Francisco Unified School District

553 F. Supp. 1107 · District Court, N.D. California · Mar 31, 1982

Senator Harrison Williams, the principal author of the EHA, expressed this concern on the floor of the Senate: “I want to underscore that exhaustion of the administrative procedures established under this part should not … There can be no dispute in this case over whether Douglas and Christopher are “handicapped” within the meaning of § 1401 of the EHA; clearly, they are.

Jericho Nicolas v. Uber Technologies, Inc.

District Court, N.D. California · May 20, 2021

Absent that, plaintiffs cannot establish that the eighth 21 Mendiola factor supports an inference of control. … that that belief 5 effectively immunizes it from liability for a knowing and intentional violation of Labor Code 6 § 226.

Loomer v. Meta Platforms, Inc

District Court, N.D. California · Sep 30, 2023

That qualifies as a final judgment on the merits. Marlow v. Winston & Strawn, 12 19 F.3d 300, 305 (7th Cir. 1994); Schwarz v. Folloder, 767 F.2d 125, 130 (5th Cir. 1985). … federal common law of res judicata, the Ninth Circuit considers four factors in 15 determining whether there is an identity of claims between the present and previous cases: 16 (1) Whether rights or interests established

Parra v. Life Insurance Co. of North America

258 F. Supp. 2d 1058 · District Court, N.D. California · May 8, 2003

The Court is permitted to allow evidence beyond what was before the plan administrator “only when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo review.” … Parra’s demise does not qualify as “affirmative evidence” that the accident was the cause of death. See Johnson, 799 F.Supp. at 77 .

Bulandr v. Robertson

District Court, N.D. California · Sep 1, 2021

Accordingly, any reference in the papers to Defendant Martinez shall be understood 1 to exhaust administrative remedies with respect to the claims against Defendant Losacco, 2 and qualified immunity. Dkt. … Because the Court finds no constitutional violation occurred, it is not necessary to discuss Defendants’ qualified immunity argument.

Gatlin v. Contra Costa County

District Court, N.D. California · Aug 26, 2025

Ct. at 2234 (“Talevski reaffirmed that ‘Gonzaga sets forth our established 7 method’ for determining whether a spending-power statute confers individual rights.”) (citing 8 Talevski, 599 U.S. at 183). … At issue in Medina was a provision of the Medicaid Act known as the “any- 17 qualified-provider” provision, which the Supreme Court found did not confer a right enforceable 18 under § 1983.

Wescott v. Google LLC

District Court, N.D. California · Feb 22, 2024

Wescott qualifies for IFP status, in view of allegations in 8 his complaint indicating that this action concerns “Capital Ideas, WLL,” which is identified as Mr. 9 Wescott’s “limited liability company, the party that … Additionally, 16 the Court found that the complaint “assert[ed] no facts and identifie[d] no claims establishing that 17 Google is liable for the injuries Mr.

Wescott v. Google, Inc.

District Court, N.D. California · Feb 22, 2024

Wescott qualifies for IFP status, in view of allegations in 8 his complaint indicating that this action concerns “Capital Ideas, WLL,” which is identified as Mr. 9 Wescott’s “limited liability company, the party that … Additionally, 16 the Court found that the complaint “assert[ed] no facts and identifie[d] no claims establishing that 17 Google is liable for the injuries Mr.