Case law

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.

Libitzky v. United States

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

immunity. … . § 7422, Congress expressly waived sovereign immunity for civil refund 15 actions subject to certain limitations.

In re Apple Inc. Device Performance Litig.

347 F. Supp. 3d 434 · District Court, N.D. California · Oct 1, 2018

Conn. 2001) (holding that Congress has "clearly manifested its intention" to apply the CFAA extraterritorially). Apple's counterarguments are unpersuasive. Apple points to the U.S. … Plaintiffs plausibly plead facts establishing each of these elements.

Thomas v. The Regents of the University of California

District Court, N.D. California · Mar 9, 2020

Defendants also rely on these 11 records to assert that “[t]he team rebounded the year after Plaintiff was released from the team, 12 finishing the season with a 13-5-3 record and qualifying for the national tournament … In order to show that a plaintiff is similarly 6 situated to an individual not in a protected class, she must establish that the individual received more 7 favorable treatment “in all material respects.” Moran v.

Casey by & Through Casey v. Old Line Life Ins. Co.

996 F. Supp. 939 · District Court, N.D. California · Jan 16, 1998

Plaintiffs also contend that at' the time the policy was issued, “Old Line Life was clearly on notice óf Mr. … Weidner has not been qualified to render a medical opinion is well-taken, his declaration is relevant to his explanation for Old Line’s decision to require John Casey to undergo a second blood chemistry test and urinalysis

Damaryam

District Court, N.D. California · Aug 7, 2026

At the pleading 9 stage, the plaintiff has the burden to establish standing by “clearly . . . allege facts demonstrating 10 each element.” Spokeo Inc. v. … Ex parte Young 24 provides a well-recognized exception to Eleventh Amendment immunity baring money damages 25 and other retrospective relief against a state. Id. at 149–56.

R.C. Dick Geothermal Corp. v. Thermogenics, Inc.

619 F. Supp. 441 · District Court, N.D. California · Aug 28, 1985

The plaintiff contended that it qualified for per se analysis under two of the categories listed above. … The Court rejects the plaintiff’s contention and finds that the facts presented in this case clearly distinguish it from NCAA .

In Re Cornerstone Propane Partners, L.P. Securities Litigation

355 F. Supp. 2d 1069 · District Court, N.D. California · Feb 7, 2005

On the other hand, repeated rosy statements may exceed puffery where they are made in the face of clearly contrary facts. … The majority of circuits have clearly held that standing alone, allegations of violations of GAAP or SEC regulations do not establish scienter. In re Worlds of Wonder Sec.

Pagel v. United States

986 F. Supp. 1315 · District Court, N.D. California · Dec 19, 1997

The Claim Presentation Requirement Of The Federal Tort Claims Act The Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b) and 2671-80, waives the government’s sovereign immunity for actions in tort. Cadwalder v. … Such a reading clearly contravenes congressional intent.

Kendrick v. Zanides

609 F. Supp. 1162 · District Court, N.D. California · May 23, 1985

The defendants’ declarations establish the following undisputed facts: Burch requested an investigation by the USPS of possible mail fraud by Kendrick. … Defendants have raised various other defenses, including immunity and the statute of limitations.

Herrera v. Benavides

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

... is not 22 compromised by the prison’s refusal to entertain his grievance.”). 23 Here, the allegations once again indicate that Plaintiff was not denied his right to 24 file grievances because he was clearly … Defendants are advised that summary judgment cannot be granted, nor 6 qualified immunity found, if material facts are in dispute.

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.

Napa Valley Publishing Co. v. City of Calistoga

225 F. Supp. 2d 1176 · District Court, N.D. California · Sep 6, 2002

First Judicial District Court in, for County of Carson City, 303 F.3d 959, 973 (9th Cir.2002) (“[E]ven if the merits of the constitutional claim were not clearly established at this early stage in the litigation, the fact … Irreparable injury need not be established with certainty or even high probability; the distant possibility of such harm establishes a “serious threat of irreparable injury” sufficient to support preliminary injunctive relief

Moonbug Entertainment Limited v. Babybus (Fujian) Network Technology Co., Ltd

District Court, N.D. California · Sep 30, 2024

Although these receivables were for 2019, the existence of 10 prior payments provides “some degree of concreteness” that Babybus may continue to receive 11 revenues from these entities, revenues that qualify for an … Similarly, Moonbug cannot be granted an assignment from payments from Fuzhou Zhi 3 Yong Information Technology Co., Ltd. because the information provided does not clearly 4 identify that Fuzhou Zhi Yong Information

Burton v. See's Candy Inc.

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

Some parts of the complaint appear to 3 invoke the standard for certification of a class action under Rule 23 of the Federal Rules of Civil 4 Procedure, although Burton does not clearly assert any intent to represent … pauperis, courts must engage in screening and dismiss any claims which: 12 (1) are frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek 13 monetary relief from a defendant who is immune

Institute for Fisheries Resources v. Hahn

District Court, N.D. California · Dec 19, 2019

As the government interprets this provision, AquaBounty’s rDNA construct qualifies under the third of these four definitions. … A provision that refers to the reviewability of final agency action (but not to sovereigns or immunity) is an unlikely candidate to partially restore sovereign immunity. See Patchak v. Zinke, 138 S.

Harman v. City of Santa Cruz

261 F. Supp. 3d 1031 · District Court, N.D. California · Jul 5, 2017

It is a fundamental principle of due process that an enactment must “clearly delineate the conduct it proscribes.” Kev, Inc. v. Kitsap County, 793 F.2d 1053, 1057 (9th Cir. 1986); Grayned v. … Harman contends that words harsh, prolonged, unnatural, or unusual have no clearly understood meaning, especially where such words are not linked to volume or qualified by the “reasonable person” standard. Id.

United States v. Gonzales & Gonzales Bonds & Insurance Agency, Inc.

728 F. Supp. 2d 1077 · District Court, N.D. California · Jul 27, 2010

See, e.g., Erringer, 371 F.3d at 633 n. 15 (finding that a rule requiring Medicare contractors to develop local coverage determinations to qualify for automated review is procedural); Inova Alexandria Hosp., 244 F.3d at 349 … APA The government acknowledges that defendants “can invoke the APA’s sovereign immunity waiver and be afforded full relief *1094 under the APA____” DOJ Reply at 19.

Baidan

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

Baidan’s claims appeared to relate to his access to the legal process in 9 the Shull action, the Court construed the original complaint as an attempt to plead violations under 10 Title II, which provides that “no qualified … Baidan’s 23 allegation that Leone Alberts is a “place of public accommodation” is conclusory and fails to 24 establish that any physical office associated with Leone Alberts “is open to the general public,” 25 that

McCowan v. Johnson

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

Even if a petitioner can demonstrate that he qualifies for one of these 14 exceptions, he must seek authorization from the court of appeals before filing his new petition 15 with the district court. 28 U.S.C. § 2244 … The Equal Protection 6 Clause does not assure uniformity of judicial decisions or immunity from judicial error; otherwise, 7 every alleged misapplication of state law would constitute a federal constitutional question