Case law

Dukes v. Wal-Mart, Inc.

222 F.R.D. 189 · District Court, N.D. California · Jun 21, 2004

Bendick’s benchmarking analysis is of the type that clearly goes to the weight, rather than the admissibility, of the evidence. Third, Defendant contends that Dr. … While Defendant’s justifications for these changes vary, the Court need not address them in detail because Plaintiffs fail to establish sufficient prejudice.

Gabriel v. Weber

District Court, N.D. California · Aug 6, 2021

This “self-inflicted injur[y]” cannot establish Article III standing. 20 Clapper v. Amnesty Int'l USA, 568 U.S. 398, 418 (2013). … Indeed, several courts 22 have held that “a write-in candidate[] cannot establish that he will be irreparably injured by failing 23 to appear as an affirmative candidate on the ballot.” Cronin v.

Gen Digital, Inc. v. Sycomp, a Technology Company, Inc.

District Court, N.D. California · Mar 24, 2025

LEGAL STANDARD 18 A motion for judgment on the pleadings under Federal Rule of Civil Procedure 19 12(c) will be granted “when the moving party clearly establishes … Quite the 6 contrary, it suggests that there remains a material issue of fact—whether the purchase 7 orders (which certainly seem to qualify as Order Instruments) were mutually executed. 8 Though Plaintiff does

Linnehan v. Kijakazi

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

Artz discussed treatment options with Plaintiff, 6 but does not establish that he advised any particular treatments or medications. Cf. … They will, at best, keep you as you are.” 26 (AR 64, 65-66.) 27 In sum, while Plaintiff clearly had concerns about possible treatments, the record does not

Public.resource.org v. United States Internal Revenue Service

50 F. Supp. 3d 1212 · District Court, N.D. California · Jun 20, 2014

In its motion, the IRS does not dispute that it is an agency subject to FOIA, that the data in question qualify as “records” under the definition of the statute, or that the records were withheld. … No. 89-813 at 38 (“It is the purpose of the present bill to eliminate [portions of section 3 of the APA], to establish a general philosophy of full agency disclosure unless information is exempted under clearly delineated

de Tagle v. Santa Clara County Sheriff

District Court, N.D. California · Jul 23, 2024

Before granting such an 18 authorization, the court must ensure the action is not frivolous or malicious, states a claim upon 19 which relief may be granted, and does not seek monetary relief from a defendant who is immune … Connor, 490 U.S. 386, 396–97 (1989). 4 “It is well-established that overly tight handcuffing can constitute excessive force.”

Chinonye Ugorji v. County of Lake

District Court, N.D. California · Jul 6, 2020

Dist., 39 Cal. 4th 192, 1999 (2006) 10 (finding hospital’s peer review procedure qualifies as “official proceeding”). … Prosecutorial Immunity 17 Defendants last assert prosecutorial immunity under California Government Code § 821.6. 18 Prosecutorial immunity applies to public employees for injuries

de Tagle v. Santa Clara County Sheriff Department

District Court, N.D. California · Jul 23, 2024

Before granting such an 18 authorization, the court must ensure the action is not frivolous or malicious, states a claim upon 19 which relief may be granted, and does not seek monetary relief from a defendant who is immune … Connor, 490 U.S. 386, 396–97 (1989). 4 “It is well-established that overly tight handcuffing can constitute excessive force.”

Washeleski

District Court, N.D. California · Dec 8, 2025

However, 1 of facts that would establish the timeliness of the claim.” Supermail Cargo, Inc. v. United States, 2 68 F.3d 1204, 1207 (9th Cir. 1995). … Among 7 other elements, Washeleski must establish that he is likely to succeed on the merits.

Oracle Corp. v. SAP AG

734 F. Supp. 2d 956 · District Court, N.D. California · Aug 17, 2010

The parties dispute whether OIC qualifies as the owner of the three HRMS copyrights at issue during the pre-March 1, 2005 period. … The evidence presented does not clearly establish that SAP TN’s copying of plaintiffs’ files caused any slowdowns, disruptions in service, crashes, or other impairments to the availability or accessibility of the systems

Baptiste v. LIDS

17 F. Supp. 3d 932 · District Court, N.D. California · Feb 5, 2014

To establish a prima facie case of discrimination based on race, plaintiff must show that he is a member of a protected class; that he was qualified for his position or was performing satisfactorily; that he experienced an … The only clearly race-based comment was the one incident when Somoon whispered “nigger” in plaintiffs ear.

Sun Microsystems, Inc. v. Hynix Semiconductor Inc.

534 F. Supp. 2d 1101 · District Court, N.D. California · Oct 15, 2007

Thus, the court finds that plaintiffs must also establish antitrust standing. … Turning to these documents, SGI’s reorganization plan clearly defines liquidating trust assets as claims “arising out of the purchase of DRAM between April 1999 and June 2002 [plus $250,000 to litigate the claims].”

Bailey v. Contra Costa County Jail Medical

District Court, N.D. California · Oct 6, 2025

The court must 6 identify cognizable claims and dismiss claims that are frivolous, malicious, fail to state a claim 7 upon which relief may be granted, or seek monetary relief from a defendant immune from such 8 … The fact that a pro se litigant would be better served with the assistance of 2 counsel does not necessarily qualify plaintiff to be appointed pro bono counsel.

de Tagle v. Santa Clara County

District Court, N.D. California · Jul 23, 2024

Before granting such an 18 authorization, the court must ensure the action is not frivolous or malicious, states a claim upon 19 which relief may be granted, and does not seek monetary relief from a defendant who is immune … Connor, 490 U.S. 386, 396–97 (1989). 4 “It is well-established that overly tight handcuffing can constitute excessive force.”

Pegram v. Brennan

District Court, N.D. California · Dec 17, 2021

what job functions are essential as much of the information which determines those essential functions lies uniquely with the employer. 23 To meet its burden of production, [the employer] must clearly … [Plaintiff] clearly understands that his failure to be regular in attendance and/or being AWOL is a violation of the above 11 terms and will establish just cause for his immediate removal[.] 12

Bush v. Borla

District Court, N.D. California · Jan 5, 2023

There are no allegations establishing their 11 involvement in his continued retention in the ad-seg. … Defendants are advised that summary judgment cannot be granted, nor 14 qualified immunity found, if material facts are in dispute.

McCurdy v. Thomas

District Court, N.D. California · Mar 1, 2020

(Docket No. 2 at 2.) 1 immunity. Dkt. No. 15, (hereinafter “Mot.”2). Plaintiff filed a “declaration in opposition,” 2 Dkt. No. 32, along with exhibits in support thereof, Dkt. … immunity argument.

Ramos v. Nielsen

321 F. Supp. 3d 1083 · District Court, N.D. California · Aug 6, 2018

While one method alleging a viable claim of discrimination is for the plaintiff to allege that the defendants (i) withheld a benefit from the plaintiff (ii) for which he or she was qualified (iii) which was extended to other … City of Newport Beach , 730 F.3d 1142 , 1158-59 (9th Cir. 2013), "[o]ur cases clearly establish that plaintiffs who allege disparate treatment under statutory anti-discrimination laws need not demonstrate the existence of

Vargas v. Gromko

977 F. Supp. 996 · District Court, N.D. California · Sep 5, 1997

The plaintiff bears the initial burden of establishing a prima facie ease of discrimination. … Rather, it clearly concerns a personnel dispute and private grievance between Plaintiff and Defendants.

Prado v. Allied Domecq Spirits & Wine Group Disability Income Policy

800 F. Supp. 2d 1077 · District Court, N.D. California · Jul 22, 2011

The SPD is clearly identified as the summary plan description of “Hiram Walker & Sons Inc. Long Term Disability Plan Number 507.” … Another factor is Liberty’s failure to provide Plaintiff with guidance as to what sort of evidence Liberty would find acceptable to establish a disability based on Plaintiffs pain.