Case law

Marolda v. Symantec Corp.

672 F. Supp. 2d 992 · District Court, N.D. California · Jul 28, 2009

But these circumstances are not enough to establish that any representations made were false, a necessary ingredient of fraud. Id. Plaintiff must also state with specificity what made any of the representations false. … While two instances affecting one person only can hardly qualify as a practice, one instance affecting every member of a class of customers could.

AirWair International Ltd. v. Pull & Bear Espana SA

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

ITX clearly bears the burden to produce evidence that the AirWair Trade Dress lacks secondary 20 meaning, but ITX has not met this burden. … An examiner 15 clearly determined that the ‘692 and ‘689 marks had enough secondary meaning to afford them 16 registration in 2016.

Potovsky v. Lincoln Benefit Life

District Court, N.D. California · Dec 6, 2023

The amounts accepted or denied shall be 22 clearly documented in the claim file unless the claim has been denied in its entirety[]”, and where … Lincoln evaluated Patricia’s eligibility under the Policy and 20 found that her condition would not qualify.

Stricklin v. United States

District Court, N.D. California · Jun 9, 2022

s renewed motion to dismiss argues plaintiff’s action should be dismissed with 11 prejudice in its entirety for four reasons: (1) none of plaintiff’s claims are viable against the United 12 States due to sovereign immunity … Cal. 2014) (“The Ninth Circuit has clearly held that the Privacy Act requires v 14 plaintiffs to bring suit within two years from the date on which the cause of action arises.”); Santos v. 15 Carmax Bus.

Yamagiwa v. City of Half Moon Bay

523 F. Supp. 2d 1036 · District Court, N.D. California · Nov 28, 2007

The TAAD improvements were clearly a substantial cause of the damage to Beachwood, and Yamagiwa established all elements of her claim for inverse condemnation liability under the Albers strict liability standard. 278. … On balance, reviewing all of the Locklin factors under the evidence adduced at trial clearly militates in favor of imposing liability on the City.

Johnson v. PNC Mortgage

80 F. Supp. 3d 980 · District Court, N.D. California · Feb 12, 2015

The Alvarez court considered existing California law, and the requirements of and policies behind HBOR, and it held that, once a lender agrees to consider a loan modification, “the Biakanja factors clearly weigh in favor … This mistake caused the modification that they were ultimately offered to carry a monthly payment “several hundred dollars higher than what plaintiffs can afford and qualified for.” (Id. at 8, ¶ 31.)

United States v. Bergonzi

216 F.R.D. 487 · District Court, N.D. California · Aug 5, 2003

In MIT, the government sought enforcement of a summons issued by the Internal Revenue Service (“IRS”) during the investigation of MIT into whether it qualified for exempt status and was complying with certain obligations. … As such, the Court finds that neither the Company nor the Government has successfully met its burden of establishing that the Government was not an adversary.

In Re IBM Peripheral EDP Devices, Etc.

481 F. Supp. 965 · District Court, N.D. California · Dec 20, 1979

be 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 … DAMAGES Transamerica has failed to establish liability on either the monopolization or the attempt claim.

Smith v. Wells Fargo Bank, N.A.

District Court, N.D. California · Sep 30, 2025

The Probate 20 Code clearly delineates banks’ duty in this situation: once presented with a qualifying power of 21 attorney, they were bound to follow it, and cannot be sued for doing so. … Under California law, a contract 3 requires both offer and acceptance: “[a]n offer must clearly articulate the terms of the agreement 4 and the acceptance must be absolute, unqualified and a mirror image of the offer

Flores v. Velocity Express, LLC

250 F. Supp. 3d 468 · District Court, N.D. California · Apr 24, 2017

Velocity’s National Driver Services Manager similarly testified that Velocity determined whether a helper was qualified. Wheeler Depo., ECF No. 242-8 at 85-86. … Moreover, “the right -to control work details is the most important or most significant consideration,” and that factor clearly favors employee status in this case.

Lomeli v. Midland Funding, LLC

District Court, N.D. California · Sep 26, 2019

Furthermore, the testimony 5 of the purportedly qualified witness is sufficient evidence to support a finding that he is qualified. 6 Id. 7 … It is therefore presumptively for a court to decide unless “clearly 10 and unmistakably” delegated to the arbitrator. Id.

McFarland v. Memorex Corp.

493 F. Supp. 631 · District Court, N.D. California · Feb 12, 1980

The Court held that there was no liability on the second sale even though, the first sale was expressly completed to immunize the disposal of the remaining shares. … The warrantholders therefore lack the qualifying indicia of underwriters.

Guapo-Villegas v. City of Soledad

District Court, N.D. California · Sep 4, 2024

Section 1983 provides a cause of action 14 for the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws” 15 of the United States.” … It is well-established that to succeed on a § 1983 claim, “the conduct 2 complained of must have deprived the plaintiff of some right, privilege or immunity protected by 3 the Constitution or laws of the United States

State v. Ross

362 F. Supp. 3d 727 · District Court, N.D. California · Aug 17, 2018

Therefore, defendants argue, just as the CIA Director's decision to terminate an employee as "necessary or advisable" is immune from judicial review, so too is the Secretary's decision to collect information through the decennial … While perfect census accuracy is clearly not required, a decision that both undermines the accuracy of the enumeration process and does so without reasonable justification may be adjudged "arbitrary, capricious, an abuse

Northstar Financial Advisors, Inc. v. Schwab Investments

781 F. Supp. 2d 926 · District Court, N.D. California · Mar 2, 2011

If a contract does not clearly evince the intent to benefit a third party, that party is not a beneficiary of the contract. … Given that the parties devoted limited briefing to the question of whether Plaintiffs can qualify as third party beneficiaries, and that the Court has not found this briefing particularly helpful, the Court declines to decide

Comin v. International Business Machines Corporation (IBM)

District Court, N.D. California · Jun 30, 2021

necessary 21 elements of their claims also do not qualify as affirmative defenses. … It contains the 6 factual assertion that “IBM notified Plaintiff and putative class members clearly and in writing of 7 its policies and practices concerning the calculation of commission[s] and when such commissions

Adams v. Clark

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

dismiss the complaint, or any portion 10 of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which 11 relief may be granted,” or “seeks monetary relief from a defendant who is immune … While Adams may attach exhibits in support of his claims, he must identify how each 13 applies to his claims. 14 Also in his TAC, Adams must establish legal liability

Planned Parenthood Federation of America, Inc. v. Center for Medical Progress

214 F. Supp. 3d 808 · District Court, N.D. California · Sep 30, 2016

In essence, if confidential information did not qualify as trade secret under CUTSA, then there was no common law claim protecting against its misappropriation. … Plaintiffs have not pleaded that the information defendants’ attempted to or did acquire qualifies as trade secret under the USTA-adopting states at issue.

General Communications Engineering, Inc. v. Motorola Communications and Electronics, Inc.

421 F. Supp. 274 · District Court, N.D. California · Jun 30, 1976

Material Facts in Dispute Defendant contends that its supporting papers clearly show no material facts to be in dispute. … Defendant further argues that in any event its supporting papers clearly show that it did not engage in any unfair practices. We have some quarrel with both of these arguments.

In Re Actimmune Marketing Litigation

614 F. Supp. 2d 1037 · District Court, N.D. California · Apr 28, 2009

During the 1980s, Genentech developed a bio-engineered form of interferon gamma-lb, a naturally occurring protein in the human body that stimulates the immune system. Id. ¶ 21. … The party invoking federal jurisdiction bears the burden of establishing these elements. Id. at 561 , 112 S.Ct. 2130 . II.