Case law

Brice v. Haynes Investments, LLC.

District Court, N.D. California · Jul 13, 2021

The defendants are not shielded by tribal immunity and the remaining claims 26 do not impact any Tribe’s immunity. … been established.

Butler v. Adoption Media, LLC

486 F. Supp. 2d 1022 · District Court, N.D. California · Mar 30, 2007

The California Supreme Court concluded that Orloff and Stoumen had “clearly established” that the Civil Rights Act prohibited all arbitrary discrimination in public accommodations. … The court’s discussion focused primarily on the question whether the Boys’ Club qualified as a “business establishment,” but the court did reiterate its by-now familiar statement that “identification of particular bases of

Resh, Inc v. Skimlite Manufacturing Inc

District Court, N.D. California · Nov 14, 2022

Defendants are not required to establish a prima facie case of invalidity, or any 4 particular element of their invalidity defense, before obtaining discovery of Resh’s opposing 5 positions. … Pro and 4 Solakian poles qualify as prior art. Dkt. No. 41-2 at 6.

Ostly v. City and County of San Francisco

District Court, N.D. California · Jun 15, 2023

. . . subjects, or causes to be 19 subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or 20 immunities … immunity or Monell arguments, or their 27 contention that the Section 1983 claims are improperly brought against Defendant Boudin.

Therasense, Inc. v. Becton, Dickinson & Co.

864 F. Supp. 2d 856 · District Court, N.D. California · Mar 27, 2012

To accept this, the examiner required a qualified scientist’s declaration swearing that “optionally, but preferably” would have been understood to mean “required” (TX 469 at AL28129). This is where Dr. … Corp., 528 F.3d 1365, 1376 (Fed.Cir.2008) (“Whenever evidence proffered to show either materiality or intent is susceptible of multiple reasonable inferences, a district court clearly errs in overlooking one inference in

Stebbins v. Rebolo

District Court, N.D. California · Jul 11, 2022

“To establish to establish infringement of a copyright, two elements 20 must be proven: (1) ownership of a valid copyright, and (2) copying of … Oct. 27, 2011) (dismissing sua sponte as “frivolous” and “clearly baseless”); Stebbins 24 || v. Stebbins, 575 F.

Low v. Linkedin Corp.

900 F. Supp. 2d 1010 · District Court, N.D. California · Jul 12, 2012

At least one commentator has seriously doubted the conclusion that a website, such as Linkedln, provides “processing services” for its customers, qualifying it as an RCS. Kerr, 72 Geo. Wash. L. Rev. at 1229-31. … Plaintiffs’ first theory that they suffered “embarrassment and humiliation,” in addition to being implausible in light of the specific factual allegations in the Amended Complaint, is clearly foreclosed by California law.

Sullivan v. Chase Investment Services of Boston, Inc.

434 F. Supp. 171 · District Court, N.D. California · Mar 25, 1977

Plaintiffs argue in the alternative that even if investment advisory services are not a security, fraud in the sale of such services qualifies as fraud in connection with the purchase or sale of other securities. … This Court will not immunize attorneys from liability under the Investment Advisers Act for such wrongdoing.

Johnson:Bene v. Wells Fargo of San Leandro

District Court, N.D. California · Jul 3, 2023

. § 1915(e)(2)(B). 24 Neither theory of liability establishes a federal claim. … To prevent closure by us without notification, an account 8 must have a qualifying, non-automatic transaction posted within the last two months of the most recent fee period ending date.

Wynn v. Chanos

75 F. Supp. 3d 1228 · District Court, N.D. California · Dec 16, 2014

However, Chanos immediately qualified his statements about the FCPA with a contention that corporations in Ma-cau hide behind junket companies, engage in “legal fraud,” and “adher[e]to every aspect of legal requirements . … This comment is clearly hyperbolic and cannot be considered to be defamatory. See Milkovich, 497 U.S. at 21 , 110 S.Ct. 2695 .

United States v. Layton

666 F. Supp. 1369 · District Court, N.D. California · Jun 3, 1987

By contrast, Layton was not a persuasive witness, and he clearly had ample incentive to distort the truth. … The defense attorneys attempted to establish these facts through extensive cross-examination of each of the government’s own witnesses.

Cabo Distribution Co., Inc. v. Brady

821 F. Supp. 582 · District Court, N.D. California · Jul 22, 1992

agency decisions may be “h[ejld unlawful and set aside” if they are (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … Even if sales of vodka could go forward under the “Black Hat” label, plaintiffs would lose all the goodwill and product identity under the “Black Death” label that they have worked hard to establish.

Monterey Bay Military Housing, LLC v. Pinnacle Monterey LLC

116 F. Supp. 3d 1010 · District Court, N.D. California · Jul 23, 2015

“While the proof used to establish these separate elements may in particular cases coalesce, proof of one does not necessarily establish the other.” Id. … Defendants argue for the first time in reply that the predicate acts alleged in connection with the Hunt transaction do not qualify as mail or wire fraud. Defs.’ Supp. Reply 5.

Calaceto v. Richardson Bay Regional Agency

District Court, N.D. California · Jun 16, 2025

The act of interference with a 11 constitutional right must itself be deliberate or spiteful” and “speech is insufficient to establish the 12 requisite threat unless it includes threats of violence.” … finding that the defendants being public entities did 21 not preclude the imposition of a duty of care and that “[u]nless the Legislature has clearly

TrustLabs, Inc. v. An

District Court, N.D. California · Nov 13, 2024

Qualifying Conduct 27 An concedes that he deleted TrustLabs’ Slack account. … But An clearly disputes this: he 18 declared under oath that he “never agreed nor provided indication that [he] would provide 19 notice of resignation as CEO of TrustLabs ever.” Daniel Jaiyong An Decl.

Wills v. City of Monterey

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

Wills lays a foundation to 12 qualify these as business records under F.R.E. 803(6), they are not admissible. Ms. … Wills recorded by Montage clinicians may also qualify as opposing-party statements when 6 offered by Montage. Fed. R.

Satchell v. Sonic Notify, Inc.

234 F. Supp. 3d 996 · District Court, N.D. California · Feb 13, 2017

“Where, as here, a case is at the pleading stage, Plaintiff must ‘clearly ... allege facts demonstrating each element.” Id. (quoting Warth v. Seldin, 422 U.S. 490, 518 , 95 S.Ct. 2197 , 45 L.Ed.2d 343 (1975)). … Accordingly, the Court concludes Plaintiff has alleged facts to show Signal360 engaged in acts that would qualify as interception under the Wiretap Act, However, for the reasons set forth in the following section, the Court

Browne v. San Francisco Sheriff's Department

616 F. Supp. 2d 975 · District Court, N.D. California · May 13, 2009

They contend that the grievance form says nothing about a “cell search” (alleged as part of the November 28, 2002 incident), and clearly indicates that the date of the incident was January 4, 2003. … , or immunity protected by the Constitution or laws of the United States.

Stuckey v. Risenhoover

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

“A 12 plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, 13 that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of … A temporary restraining order (“TRO”) 16 may be granted without written or oral notice to the adverse party or that party’s attorney if: (1) it 17 clearly appears from specific facts shown by affidavit or by the verified

Kyung Cho v. UCBH Holdings, Inc.

890 F. Supp. 2d 1190 · District Court, N.D. California · Aug 29, 2012

Litig., 298 F.Supp.2d 1056, 1087 (W.D.Wash.2003); see also In re Immune Response Sec. … insufficient, standing alone, to demonstrate the exercise of control ..., persuasive authority indicates that an officer or director who has signed financial statements containing materially false or misleading statements qualifies