Case law

Finjan LLC v. Sonicwall, Inc.

District Court, N.D. California · Jul 21, 2020

As the materials appear to be responsive to SonicWall’s 25 discovery requests and are not clearly irrelevant, the Court grants SonicWall’s motion to compel. 26 I. … Finjan objects to Cisco’s use of Documents 2 and 6 at trial in the Cisco action, but not on 27 the basis of attorney-client privilege or work product immunity. See Cisco, No. 17-cv-00072- II.

Masson v. New Yorker Magazine, Inc.

832 F. Supp. 1350 · District Court, N.D. California · Sep 9, 1993

Thus, this case is clearly inapposite. And while Draper was cited more recently in Montandon v. … On remand, the defendant raised the affirmative defense of conditional or qualified privilege.

Kosta v. Del Monte Foods, Inc.

308 F.R.D. 217 · District Court, N.D. California · Jul 30, 2015

Lake Eugenie Land & Dev., Inc., — U.S.-, 135 S.Ct. 754 , 190 L.Ed.2d 641 (2014) (in order to maintain a class action, the class must be adequately defined and clearly ascertainable); In re Initial Pub. Offerings Sec. … In addition, they would have to recall whether: (i) they purchased a qualifying flavor; (ii) the product was in a certain type of packaging; and (Hi) the packaging included the challenged statements. Id.

Gleeson v. The Willamette Valley

62 F. 293 · District Court, N.D. California · Jun 22, 1894

If leave is granted, the creditor proceeds in the admiralty court to establish his lien and recover his claim. … The argument by counsel for claimant that, because war ships are exempt from judicial process of courts of admiralty, the same immunity should be extended to vessels in custodia legis, is not, in my opinion, tenable.

SSI Systems International Inc. v. Tek Global S.R.L.

929 F. Supp. 2d 971 · District Court, N.D. California · Mar 7, 2013

TEK disputes that air tube 54 in Bridge-stone qualifies as “an additional hose” because air tube 54 is not directly connected to a tire and thus is not “cooperating with” the tire, as the claim requires. 36 According to TEK … lower chamber 44 is connected to channel 29, an inlet for pressurized air, and upper chamber 43 is connected to channel 30, an outlet for sealing liquid. 77 In reference to patent examiner’s determination, SSI maps out clearly

Pruett v. Colvin

85 F. Supp. 3d 1152 · District Court, N.D. California · Mar 31, 2015

Six to eight on a ten-point scale is clearly the average pain level reported by Pruett during her office visits with Dr. Carlson. Accordingly, Dr. … .2004) (“The Commissioner, having lost this appeal, should not have another opportunity to show that Moisa is not credible any more than Moisa, had he lost, should have an opportunity for remand and further proceedings to establish

American Economy Insurance v. Reboans, Inc.

900 F. Supp. 1246 · District Court, N.D. California · Jun 22, 1995

This use qualifies as advertising”). In another decision with strong similarities to the instant case, Advance Watch Co., Ltd. v. … The December Order is not clearly erroneous. Summary judgment as to the Dunhill claims was appropriate, because advertising was indisputably involved.

Stewart v. City and County of San Francisco

834 F. Supp. 1233 · District Court, N.D. California · Oct 5, 1993

Thus all public employees under such systems, including highly compensated managers who otherwise would clearly be exempt from the overtime requirements, could be classified as nonsalaried and thus non-exempt. … The effect of this regulation for the purposes of this case is that an employee of the city who otherwise qualifies for the managerial exemption and who accrues personal or sick leave, does not lose exempt status even if

Saddozai v. Bolanos

District Court, N.D. California · Jun 26, 2023

Harris, 550 U.S. 372, 380-83 (2007) (police 19 officer entitled to summary judgment based on qualified immunity in light of video 20 evidence capturing plaintiff’s reckless driving in attempting to evade capture which … □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 25 26 8 Because the Court finds that no constitutional violation occurred, it is not necessary to 27 Faeraagrendants: qualified immunity arguments for each of the

McCoy v. Nestle USA, Inc.

173 F. Supp. 3d 954 · District Court, N.D. California · Mar 29, 2016

The slave labor and child labor alleged in the Complaint would certainly qualify as . “immoral, unethical, oppressive, [and] unscrupulous.” See S. Bay, 72 Cal.App.4th at 887 , 85 Cal.Rptr.2d 301 . … To forestall an action under the unfair competition law, another provision must actually “bar” the action or clearly permit the conduct.

Rogers v. Lyft, Inc.

District Court, N.D. California · Apr 7, 2020

Although a handful of drivers might qualify for three days’ worth of sick pay per year (the amount at which employers can cap usage under California law), most Lyft drivers would not qualify for anything close to that. … But if Lyft drivers were employees, they might not qualify for these benefits.

Green v. Loggins

461 F. Supp. 24 · District Court, N.D. California · Jun 30, 1978

) (“Not merely a lineup but any pretrial confrontation must be scrutinized for its fairness, [citing Wade ] That a pretrial confrontation is unintentionally unfair or even accidental in its occurrence does not render it immune … Thus’ a defendant who establishes that the pretrial confrontation violated due process also establishes the lack of an independent source for the in-court identification. See N.

Duke v. San Francisco Community College District

District Court, N.D. California · Apr 10, 2020

The decision to terminate an employee is clearly a dismissal decision, which 15 the Board need not have provided notice to plaintiff. … protected class; (2) he was qualified for his 26 position; (3) he experienced an adverse employment action; and (4) similarly situated 27 individuals outside his protected class were treated more favorably, or other

Cleveland v. Groceryworks.com, LLC

200 F. Supp. 3d 924 · District Court, N.D. California · Aug 4, 2016

An affidavit must include sufficient facts clearly within the-affiant’s personal knowledge to permit this inference. Argo v. … Otherwise, none of the statements he makes clearly and unambiguously contradict his deposition testimony, as is the standard for a sham affidavit. See Yeager, 693 F.3d at 1080 .

Smith v. Alameda County Sheriff Dept

District Court, N.D. California · Jul 15, 2024

review, the Court must identify any cognizable claims and dismiss any claims 10 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 11 monetary relief from a defendant who is immune … separate claim. 16 While Smith may attach exhibits in support of his claims, he must identify how each applies to his 17 claims. 18 Smith must also establish

Apple Inc. v. Samsung Electronics Co.

881 F. Supp. 2d 1132 · District Court, N.D. California · Jul 25, 2012

Samsung may be right that the record does not establish any bad faith on its part. But bad faith is not the required mental state for the relief Apple seeks. … The qualifier, "unless a business resolution can be reached,” is of course true of virtually all litigation amongst commercial competitors, and for that reason is not at all determinative. . Id. . Id. .

Wilson v. Skywest Airlines, Inc.

District Court, N.D. California · Jul 12, 2021

Flight attendants seem like the prime example of employees who would qualify for such an exemption. … Here, SkyWest has established a good faith defense that precludes liability.

23andMe, Inc. v. Ancestry.com. DNA, LLC

356 F. Supp. 3d 889 · District Court, N.D. California · Aug 23, 2018

Claim 5, for example, clearly falls into this category. … But just because the statement simply references "other DNA tests," and does not mention 23 by name specifically, does not mean that Ancestry is immunized from liability.

E.M. v. California Department of Education

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

The complaint must clearly establish the claims and parties such that a 18 defendant would have “no difficulty in responding to the claims with an answer and/or with a Rule 19 12(b)(6) motion to dismiss.” … “Longstanding Supreme Court precedent has interpreted this Amendment to immunize states 15 from suit in federal court by citizens and noncitizens

Redmond v. United States

District Court, N.D. California · May 2, 2022

Regarding 18 Redmond’s remaining requests, Redmond fails to establish any legal or factual basis for the 19 requests. … In order to comply with Rule 8’s pleading requirement, Redmond must amend the FAC 24 to state as clearly as possible the facts giving rise to each cause of action and explain why each 25 named defendant is being sued