Case law

Aronson v. McKesson HBOC, Inc.

79 F. Supp. 2d 1146 · District Court, N.D. California · Nov 2, 1999

The “niche” plaintiffs’ arguments do not fully take into account that the Reform Act establishes a procedure for the court’s speedy consolidation of all pending claims. … Several other movants, clearly anticipating this outcome, object that Florida is a presumptively barred “professional plaintiff’ for purposes of the Reform Act (because it has filed more than five securities class actions

Stormborn Technologies, LLC v. Topcon Positioning Systems, Inc.

District Court, N.D. California · Mar 17, 2020

These techniques are used for a variety of reasons, 22 including the establishment of secure communications and increasing resistance to natural 23 interference. … Although these benefits 21 over prior art are not clearly stated in the specification, the Federal Circuit has “repeatedly cited 22 allegations in the complaint to conclude that the disputed claims were potentially

San Francisco NAACP v. San Francisco Unified School District

576 F. Supp. 34 · District Court, N.D. California · May 20, 1983

The expense and burden to which all parties and the Court would have been put is inestimable, but clearly the costs to the parties would have run into the hundreds of thousands of dollars. … In the event there are not sufficient qualified teachers within ,the S.F.U.S.D. that meet these requirements for staff, new hires will be solicited to fill any vacancies. 24.

Choudhuri v. Specialised Loan Servicing

District Court, N.D. California · Jul 11, 2020

The parties are familiar with the record, and the Court stated the well-established 23 standards that govern consideration of the motion in the prior dismissal orders. … Choudhuri says that she sent multiple qualified written requests (QWRs) about her loan 24 to Bosco, and that she never received a response. Dkt. No. 20 at 12.

Herrera v. Ortega

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

In its review, the court must identify any 1 upon which relief may be granted or seek monetary relief from a defendant who is immune 2 from such relief. See id. § 1915A(b)(1),(2). … Based on his allegations, Plaintiff was clearly not denied his right to have a 23 prison appeal. His disagreement with the disposition of those appeals give rise to a 24 constitutional violation.

Wolk v. Green

516 F. Supp. 2d 1121 · District Court, N.D. California · Sep 4, 2007

Plaintiff clearly intends to proceed under a direct victim theory, because she alone has suffered the alleged harm. … Indeed, a 2004 amendment to section 15657 deleted section 15610.30 from the list of qualifying abuses. See Cal. Welf. & Inst. Code §§ 15657 , Amendments. 13 . Article III of the U.S.

Kelly v. Denault

374 F. Supp. 3d 884 · District Court, N.D. California · Dec 20, 2018

Defendants' failure to inform the Housing Authority that they sought to collect additional side-payments is also a misrepresentation by omission that could qualify as a knowing and intentional fraud on the government. … Thus, that portion of the ordinance "conflicts with, and is preempted by, the litigation privilege [only] to the extent it prohibits, criminalizes, and establishes civil penalties for eviction notices where litigation is

United States v. Volpe

863 F. Supp. 1120 · District Court, N.D. California · Sep 7, 1994

The court observed that the “manufacturers received the full sale price for their products; they clearly suffered no monetary loss. … The Nukida court did not hold that Rule 12(b) motions were limited to consideration of matters such as former jeopardy, former conviction, former acquittal, statute of limitations, immunity and lack of jurisdiction.

Pappas v. AMN Healthcare Services

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

law are divided 18 about whether qualifying language can save an otherwise unconscionable provision. … the fee-shifting provision will not be enforced is the 24 same as not having qualifying language at all.

McWilliams

District Court, N.D. California · May 8, 2026

Baldrige, 844 F.2d 668, 674 (9th Cir. 1988) (“A plaintiff 8 must do more than merely allege imminent harm sufficient to establish standing; a plaintiff must 9 demonstrate immediate threatened injury as a prerequisite … A 13 temporary restraining order (TRO) may issue without written or oral notice to the adverse party or 14 that party’s attorney if: (1) it clearly appears from specific facts shown by affidavit or by verified 15

Brasuell v. Ashley

District Court, N.D. California · May 22, 2023

review, the court must identify any cognizable claims and dismiss any claims 6 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 7 monetary relief from a defendant who is immune … Plaintiff’s use of the section 1983 23 claim form does not preclude his clearly stated ADA claim. See O’Guinn v. Lovelock Corr. Ctr., 24 502 F.3d 1056, 1060 (9th Cir. 2007).

O'Donovan v. CashCall, Inc.

278 F.R.D. 479 · District Court, N.D. California · Nov 15, 2011

In addition to establishing the predominance of common questions, Plaintiffs must establish that a class action is superior to alternative methods of resolving the claims. Fed.R.Giv.P. 23(b)(3). … In California, [T]he law has clearly established that the term [“unconscionable”] has both a procedural and a substantive element.

United States v. Baxter

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

Whether There has Been a Qualifying “Public Disclosure” 21 In order to qualify as a “public disclosure” under the provisions of the False … SAC ¶ 21. 6 Defendants established that SLPC does not own the clubs at issue or the land on which 7 they sit.

Lofton v. Verizon Wireless (VAW) LLC

308 F.R.D. 276 · District Court, N.D. California · Jun 18, 2015

Though Powell is clearly responsive to Plaintiff’s requests, Verizon failed to include Powell in its October 28, 2013 response to those interrogatories, although Verizon did disclose another action. (Id.) … Feb. 28, 2014) (noting that the moving party bears the burden of establishing that the crime-fraud exception applies). 3.

Steffen v. City and County of San Francisco

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

The court found that even though the 14 undisputed facts established that Caldera had probable cause to seize the truck itself, there were 15 disputes of fact as to whether probable cause supported seizing her personal … Additionally, the court found that 22 summary judgment based on qualified immunity was not appropriate given material factual 23 disputes about whether Caldera had probable cause to seize Steffen’s personal possessions

United States v. Oracle Corp.

331 F. Supp. 2d 1098 · District Court, N.D. California · Sep 9, 2004

Because of his lack of economic analysis and his inability to identify articu-lable product market boundaries (a key issue in a horizontal merger case), the court finds that Iansiti failed to establish a clearly defined product … The court finds Elzinga to be highly qualified to offer testimony on market definition.

Doe v. Barr

District Court, N.D. California · Jul 6, 2020

[placing him] at further risk of having a suppressed 20 immune system, putting him at higher risk than the general population of contracting and 21 potentially having more serious infections . . . … Lastly, this court is required to deny injunctive relief unless the 18 facts and law clearly favor Petitioner’s position. See e.g., Garcia v.

Des Roches v. California Physicians' Service

320 F.R.D. 486 · District Court, N.D. California · Jun 15, 2017

Plaintiffs allege that the Guidelines contain many requirements for patients to qualify for residential and intensive outpatient programs for mental health and substance use that are inconsistent with generally accepted professional … However, as a Seventh Circuit case, Kartman is not binding on this Court, and it is also clearly distinguishable.

Arnheiter v. Ignatius

292 F. Supp. 911 · District Court, N.D. California · Oct 22, 1968

Clearly, these procedures were in substantial compliance with the provisions of the Manual covering summary detachments from command. … The record shows, however, that Lieutenant McGovern was a duly qualified attorney certified to perform even court-martial duties, (Def.’s Ex.

Regal v. County of Santa Clara

District Court, N.D. California · May 31, 2025

Plaintiffs were unable to clearly identify 17 the evidence they endeavor to admit under this motion at the Final Pretrial Conference, because it 18 pertains to new testimony that they hope to elicit for the first time … Swanson is qualified to provide expert testimony regarding 18 hypoxic/ischemic brain injury, but Dr.