Case law

San Francisco Baykeeper v. Sunnyvale

District Court, N.D. California · Sep 12, 2022

Evid. 702 advisory committee’s note 8 to 2000 amendment. 9 Rule 702 “clearly contemplates some degree of regulation of the subjects and theories 10 about which … Wren is qualified to render those 2 opinions.

Department of Fair Employment & Housing v. Law School Admission Council Inc.

896 F. Supp. 2d 849 · District Court, N.D. California · Sep 18, 2012

by ‘banishing’ or ‘eradicating’ arbitrary, invidious discrimination by such establishments.” … Sept. 13, 2010), where a court held that the Unruh Act did not incorporate ADA claims that could be brought against a jail since the jail lacked the attributes of a business and would not qualify as a “business establishment

Wilkins v. Smith

District Court, N.D. California · Aug 14, 2025

review, the court must identify any cognizable claims and dismiss any claims 22 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 23 monetary relief from a defendant who is immune … Similarly, a showing of nothing more than a difference of medical opinion 14 as to the need to pursue one course of treatment over another is insufficient, as a matter of law, to 15 establish deliberate indifference

Coming Up, Inc. v. City of San Francisco

840 F. Supp. 1315 · District Court, N.D. California · Aug 6, 1993

Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961), which had immunized municipalities from suit under section 1983, by holding that municipal governments may be sued for section 1983 violations which were caused by … However, the Charter itself does not clearly and unequivocally reveal whether the Chief has actual policy powers or merely plays a ministerial role in enforcing the law and carrying out policy set by the Commission.

Transamerica Computer Co. v. International Business Machines Corp.

481 F. Supp. 965 · District Court, N.D. California · Oct 18, 1979

shown by proof of substantial power in a relevant market, or it can be inferred from conduct which independently violates Section 1 and is of a kind “clearly threatening to competition or clearly exclusionary”, or it can … DAMAGES Transamerica has failed to establish liability on either the monopolization or the attempt claim.

Deaver v. BBVA Compass Consulting & Benefits, Inc.

946 F. Supp. 2d 982 · District Court, N.D. California · May 17, 2013

Lowdermilk thus defeats Defendants’ argument that forum shopping— manipulating the allegations of the complaint for the express purpose of conquering federal jurisdiction — qualifies as bad faith. … Defendants have not established the value of this claim to a legal certainty.

State of California v. Wheeler

District Court, N.D. California · Jun 19, 2020

aside agency 8 action, findings, and conclusions found to be . . . arbitrary, capricious, an abuse of discretion, or 9 otherwise not in accordance with law; contrary to constitutional right, power, privilege, or 10 immunity … shown they are likely to succeed in making that claim. 2 Finally, plaintiffs contend the 2020 Rule is contrary to law insofar as it excludes from its 3 scope interstate waters that do not otherwise qualify

Swinton v. Department of Justice

District Court, N.D. California · Sep 28, 2023

In 23 his oppositions, Plaintiff makes additional factual allegations that he argues establish the GEO 24 Group and Federal Defendants’ wrongdoing. … Title I of the ADA prohibits discrimination against a qualified 6 individual with a disability in the employment context.

Tucker v. Apple Computer, Inc.

493 F. Supp. 2d 1090 · District Court, N.D. California · Dec 20, 2006

The Federal Rules of Civil Procedure have established a liberal standard of “notice pleading.” … The Supreme Court held that businesses have a qualified right to refuse to deal with competitors. Id. at 601 , 105 S.Ct. 2847 .

Vincent Pastore-v-County of Santa Cruz

District Court, N.D. California · Mar 11, 2024

In addition, “[t]he doctrine of qualified immunity protects 5 government officials from liability for civil damages ‘unless a plaintiff pleads facts showing (1) 6 that the official violated a statutory or constitutional … right, and (2) that the right was ‘clearly 7 established’ at the time of the challenged conduct.’”

Construction Ind. Ass'n of Sonoma Cty. v. City of Petaluma

375 F. Supp. 574 · District Court, N.D. California · Apr 26, 1974

The rating system employed is an intricate one, which establishes a competitive situation between the proposed applications. … (k) The city has not established that any of its other facilities is in any way threatened by residential growth at market or demographic rates. 14.

Religious Technology Center v. Netcom On-Line Communication Services, Inc.

907 F. Supp. 1361 · District Court, N.D. California · Nov 21, 1995

The proper focus here is on whether Netcom’s actions qualify as fair use, not on whether Erlich himself engaged in fair use; the court has already found that Erlich was not likely entitled to his own fair use defense, as … Such a use, regardless of *1379 the underlying uses made by Netcom’s subscribers, is clearly commercial.

Wallace v. John Stewart Co. & Redwood Gardens

District Court, N.D. California · Aug 15, 2025

See Oppo. 3; Wilson Decl. ¶ 10. 3 On this scanty record, the only thing that is clearly 8 established is that Wallace has not met his burden to show a likelihood of success. 9 Wallace has also not shown that … Given his current, 14 apparently incomplete application, I have no way to know if he even qualifies for an apartment, 15 one-bedroom or otherwise.

Williams v. Equifax Credit Bureau

District Court, N.D. California · Jul 24, 2020

The in forma pauperis statute provides that the Court must dismiss a complaint if it is 4 frivolous, fails to state a claim upon which relief can be granted, or seeks monetary relief against a 5 defendant who is immune … However, given Williams’ pro 22 se status, the Court shall grant her an opportunity to file an amended complaint that establishes the 23 Court’s jurisdiction over her claim. 24

Securities & Exchange Commission v. Sabrdaran

252 F. Supp. 3d 866 · District Court, N.D. California · May 15, 2017

The Eleventh Circuit held the instructions were clearly erroneous and the defendants were entitled to a new trial. Id. at 1282 . … But “first offenders are not immune from in-junctive relief.” SEC v. Shapiro, 494 F.2d 1301, 1308 (2d Cir. 1974); accord Gowrish, 2011 WL 2790482 , at *5.

Angioscore, Inc. v. Trireme Medical, Inc.

87 F. Supp. 3d 986 · District Court, N.D. California · Apr 6, 2015

In order to pierce the corporate veil, a plaintiff must establish two things. … Likewise, the record does not conclusively establish that Konstantino was merely "planning to compete” and that therefore his actions are immunized from the scope of the corporate opportunity doctrine.

AbCellera Biologics Inc. v. Berkeley Lights, Inc.

District Court, N.D. California · Jan 2, 2024

immunity, a claimant must demonstrate that 12 the lawsuit in question is a “sham” litigation. … The letters are therefore subject to 5 Noerr-Pennington immunity.4 6 B.

Hadley v. Kellogg Sales Co.

273 F. Supp. 3d 1052 · District Court, N.D. California · Aug 10, 2017

First, this statement is not- a “health claim” because it does not clearly link fiber to any specific “disease or health-related condition.” … The Court notes that the statement “take care of you” is not as clearly a synonym of healthy as is “Does Your Heart Good” or “Good for You.”

Hassell v. Uber Technologies, Inc.

District Court, N.D. California · Jun 21, 2021

Plaintiff Failed to Conclusively Establish that the 8 Abatement Doctrine Does Not Apply 9 Plaintiff need not affirmatively establish that the abatement doctrine does not apply … determine whether certain time qualifies as compensable work time under California. 25 Cal.

In Re Cygnus Telecommunications Technology, LLC, Patent Litigation

481 F. Supp. 2d 1029 · District Court, N.D. California · Mar 29, 2007

(dkt.# 684) at 6. 8 However, as the Federal Circuit has stated, “[a] structure disclosed in the specification qualifies as corresponding structure only if the specification or prosecution history clearly links or associates … (dkt.# 681), Ex. 7 at ¶¶ 6, 23-25.Alleman, therefore, had clearly entered into a contract for the marketing and sale of the alleged invention prior to the critical date.