Case law

(PC) Lamon v. Foss

District Court, N.D. California · Jun 22, 2021

Assuming as true the allegation that 1 property was clearly an unauthorized act rather than authorized under prison regulations. 2 The availability of an adequate state post-deprivation remedy, e.g., a state tort action … Defendants are advised that summary judgment cannot be granted, nor 15 qualified immunity found, if material facts are in dispute.

Falstaff Brewing Corp. v. New York Life Insurance

513 F. Supp. 289 · District Court, N.D. California · Mar 3, 1978

Generally, to qualify for the protection afforded by this doctrine requires that the debtor have tendered full payment before a notice of default is received as well as have clean hands. Armstrong v. … It is clearly unfair to Mallory to permit Kirby to remain mute for this period and then to bolster his pleadings to prevent an anticipated adverse judgment.” Id. at 912 .

United States v. Batres-Santolino

521 F. Supp. 744 · District Court, N.D. California · Aug 21, 1981

There are few cases where the government has so clearly exceeded the bounds of permissible law enforcement conduct. … He had a well-established history as a DEA informant, and had been paid in that capacity on several occasions.

Saddozai v. Atchley

District Court, N.D. California · Nov 8, 2022

Accordingly, the allegations regarding the strip search and RVR are 26 insufficient to establish that Defendant Tomlinson is liable for the related injuries. … Defendants are advised that summary judgment cannot be granted, nor 19 qualified immunity found, if material facts are in dispute.

Scottsdale Insurance v. Homestead Land Development Corp.

145 F.R.D. 523 · District Court, N.D. California · May 18, 1992

It was, primarily, that already established “wrongful refusal” to defend that justified imposing such a heavy burden of persuasion on the carrier. 7 Yet in the Scottsdale matter, Judge Jensen knew, at the time he wrote the … We have reviewed the entire transcript of the deposition testimony by Jacobson’s damages expert, David Schultze. 32 We note first that it is not at all clear that Schultze, as a CPA, was qualified to offer expert opinion

Contra Costa Regional Medical Center, San Francisco General Hospital, Stanford Hospital & Clinics, UCSF Medical Center v. Robert F. Kennedy Jr., Secretary of Health and Human Services

District Court, N.D. California · Jan 6, 2026

Whether a case qualifies for an outlier payment depends on whether the case’s 9 estimated costs exceed the fixed loss threshold, a cutoff point set by the Health and Human 10 Services (“HHS”) Secretary each fiscal year … fault and did not establish good cause.

Grigsby v. U.S. Dept of Justice

District Court, N.D. California · Aug 19, 2025

In the second heard case all witnesses taken before the grand jury were give[n] inducements (reduced sentences, 6 immunity etc) against me and not a single witness given inducements … The burden 27 of establishing the absence of a genuine issue of material fact lies with the moving party. See 1 U.S. 317, 323 (1986)).

Garnes v. Barnhardt

352 F. Supp. 2d 1059 · District Court, N.D. California · Nov 5, 2004

The regulation clearly requires that a warrant that is the grounds for a suspension of SSI benefits be issued on the basis of “an appropriate finding that the individual is fleeing” *' * *. … SSA determined on the one hand that plaintiff was so severely disabled by mental problems as to qualify for SSI benefits, and on the other that plaintiff had the necessary mental state to be a “fleeing felon.”

Duvardo v. Giurbino

649 F. Supp. 2d 980 · District Court, N.D. California · Jan 6, 2009

The California Court of Appeal’s decision was not contrary to or an unreasonable application of clearly established federal law. … The state court’s rejection of Petitioner’s due process claim was not an unreasonable application of or contrary to clearly established federal law.

Lesbian/Gay Freedom Day Committee, Inc. v. United States Immigration & Naturalization Service

541 F. Supp. 569 · District Court, N.D. California · Jun 17, 1982

The Court therefore finds that the custody requirement has been met, and if moot this action qualifies for the repetition/evasion exception to the mootness doctrine. … It can hardly be disputed that the legislative history of § 212(a)(4) clearly shows that Congress so intended. Id. at 123, 87 S.Ct. at 1566 .

Burton v. Cate

913 F. Supp. 2d 822 · District Court, N.D. California · Dec 20, 2012

established federal law); Weighall v. … This standard is “clearly established Federal law, as determined by the Supreme Court” within the meaning of 28 U.S.C. § 2254 (d)(1). Torres v.

Love v. Yates

586 F. Supp. 2d 1155 · District Court, N.D. California · Nov 4, 2008

The State Courts Unreasonably Applied Clearly Established Federal Law by Failing to Engage in a Comparative Analysis of Similarly Situated Jurors. … Its decision was therefore an unreasonable application of clearly established federal law.

Stuckey v. State of California

District Court, N.D. California · Mar 3, 2020

This 17 Eleventh Amendment immunity also extends to suits against a state agency. … Here, no facts are 6 alleged to establish supervisorial liability on the part of Defendant Gates.

S.J.T. v. Nelson

District Court, N.D. California · Aug 4, 2025

that removal would 18 result in “exceptional and extremely unusual hardship” to a qualifying relative (parent, spouse, or 19 child). 8 U.S.C. § 1229b(b)(1). … For a 20 mandatory injunction, the movants must show that the law and facts clearly favor their position, not 21 simply that they are likely to succeed.15 Garcia v.

California v. Trump

379 F. Supp. 3d 928 · District Court, N.D. California · May 24, 2019

First, Congress's funding of the TFF arguably does not qualify as the sort of lump-sum appropriation present in Lincoln and Serrato . … But the Burlington court added an important qualifier: "We are not saying that a threat of extinction to the species is required before an injunction may issue under the ESA.

Pixion, Inc. v. Citrix Systems, Inc.

887 F. Supp. 2d 881 · District Court, N.D. California · Aug 13, 2012

“Conference Server” Pixion disputes whether the application referred to as the CU-SeeMe reflector qualifies as a conference server. … Clearly, a participant cannot be disconnected without first establishing a connection. The limitation is therefore disclosed.

Forrett v. Gourmet Nut Inc

District Court, N.D. California · Jun 1, 2023

also includes the “PROTEIN 3 PACKED TRAIL MIX” title, followed by a paragraph about “the importance of protein”: 4 Protein is an essential part of muscle tissue formation, strengthens the immune … Here, the first clearly does not apply.

Peace v. 850 Bryant Street

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

See 28 U.S.C. 1 frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief 2 from a defendant who is immune from such relief. See id. at § 1915A(b). … To establish an Eighth 10 Amendment claim based on inadequate medical care, a prisoner-plaintiff must show: (1) a serious 11 medical need, and (2) deliberate indifference thereto by a defendant.

Lyon v. United States Immigration & Customs Enforcement

300 F.R.D. 628 · District Court, N.D. California · Apr 16, 2014

Moreover, this alleged injury is clearly widespread and not “isolated instances” as in Lewis . … In its opposition, the government argues that Plaintiffs cannot establish typicality “[f]or the same reasons that Plaintiffs cannot satisfy the adequacy and commonality prerequisites.” Opp’n at 13.

In re TFT-LCD (Flat Panel) Antitrust Litigation

267 F.R.D. 291 · District Court, N.D. California · Mar 28, 2010

The Court finds that plaintiffs have established that there are common issues, and will addresses the predominance of those issues infra. D. … The Court finds that plaintiffs have met their burden to show that damages can be established using common proof. Dr.