Case law

In re OmniVision Technologies, Inc. Securities Litigation

937 F. Supp. 2d 1090 · District Court, N.D. California · Mar 29, 2013

The Synchronoss court rejected those claims, finding that the plaintiffs had not alleged anything that “can qualify as a statement falsely indicating that Synchronoss would be involved in activation of the iPhone 3G” nor … The reports clearly distinguish between information that came from Chan and the respective analyst’s own beliefs.

Jurado v. Ramirez

District Court, N.D. California · Mar 31, 2021

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 … Adams, 855 F.2d 639, 640 (9th Cir. 1988) (“There is no legitimate claim of 15 entitlement to a grievance procedure.”). 16 Second, to establish a claim for violation of the right of

Jones v. National Railroad Passenger Corporation

District Court, N.D. California · Sep 18, 2025

May 13, 2022) (explaining that Ninth Circuit authority is binding on courts in this 23 district “unless it is clearly irreconcilable with intervening higher authority”). … In sum, SCMTD demonstrates 16 that it “has an established process for paying judgments that is not overly complex.” Cf. 17 Valenzuela v. City of Anaheim, No.

Humphrey v. The J.M. Smucker Company

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

And, Smucker argues, in a product defect case 21 where the product did not malfunction, a plaintiff must allege something more than overpayment 22 to establish standing. … Allowing unrepresented claims to 15 proceed “would subject defendants to discovery in these additional states before plaintiffs have 16 secured actual plaintiffs who clearly have standing and are willing and able to

Colvin v. Roblox Corporation

District Court, N.D. California · Mar 26, 2024

The RICO claims are dismissed because the plaintiffs have failed to plead sufficient facts to establish the existence of a RICO enterprise. … Section 230 immunity does not “attach any time a legal duty might lead a company to respond with monitoring or other publication activities,” and “it 1s not enough that third-party content is involved” in the theory of

Saddozai v. Bolanos

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

No. 22. 23 Defendants filed a motion for summary judgment on the grounds that there are no genuine 24 disputes of any material facts and they are entitled to qualified immunity. Dkt. … immunity argument.

Roberts Ex Rel. Trust of Reese v. North American Van Lines, Inc.

394 F. Supp. 2d 1174 · District Court, N.D. California · Jan 22, 2004

Despite the plaintiffs argument that these claims were “separate and distinct” from UPS’s contract of carriage, the court held they were preempted because they' “clearly relate to the delivery of goods.” Id. at 1247 . … This conclusion is buttressed by examining the elements that a plaintiff must establish in order to plead a successful claim under the Carmack Amendment.

Hernandez v. County of Monterey

305 F.R.D. 132 · District Court, N.D. California · Jan 29, 2015

Finally, Puisis is a well-qualified expert in correctional medical services. … Puisis used methodology and reasoning in support of his opinions that are scientifically valid, and his credentials and experience qualify him as an expert in this action. See Daubert v.

Sierra Club, Inc. v. Exxon Mobil Corporation

District Court, N.D. California · Feb 24, 2025

It suggests that a federal contractor immunity defense as to 23 California’s plastics-related claims is viable because the federal government specified the details 24 of its wartime synthetic rubber production. … Thus, “[e]ven assuming that [California’s] claims in this case 8 qualify as maritime claims, [California] chose to bring these claims in state court.

Sierra Club, Inc. v. Exxon Mobil Corporation

District Court, N.D. California · Feb 24, 2025

It suggests that a federal contractor immunity defense as to 23 California’s plastics-related claims is viable because the federal government specified the details 24 of its wartime synthetic rubber production. … Thus, “[e]ven assuming that [California’s] claims in this case 8 qualify as maritime claims, [California] chose to bring these claims in state court.

Hall-Johnson v. City and County of San Francisco

District Court, N.D. California · Feb 8, 2022

told the HCOPP L.L.C. public relations specialist that plaintiff’s application was denied 18 because she “was disabled, receiving SSI payments, and was black, and only Chinese people, and 19 Chinese speaking people qualified … Consequently, the Complaint fails to clearly allege facts 14 that sufficiently establish liability for the City Defendant. 15 Dkt.

02 Micro International Ltd. v. Monolithic Power System, Inc.

399 F. Supp. 2d 1064 · District Court, N.D. California · Nov 10, 2005

MPS further asserts that the Cosby/Nelms article fails to disclose several elements required to qualify as anticipating prior art. … But even that “fact” is based on inferences that are not clearly supported by the record. The only fact clearly supported by the record is that Mr.

Jack Winter, Inc. v. Koratron Company, Inc.

375 F. Supp. 1 · District Court, N.D. California · Mar 6, 1974

No such situation has been established here. 85 . … Clearly the question of a trademark licensor’s right also falls within this reservation.

Wood v. SGT Investments

District Court, N.D. California · Mar 22, 2022

Edison Co., 419 U.S. 345, 349-50 (1974) (“[T]he principle that private action is 15 immune from the restrictions of the Fourteenth Amendment is well established and easily 16 stated.”). … Any amended 4 || complaint should clearly address the above-described deficiencies and is due within 20 days of the 5 issuance of this Order. 6 IT IS SO ORDERED. 7 Dated: March 22, 2022

Employers Mutual Casualty Company v. Sanctuary Systems, LLC

District Court, N.D. California · Jan 18, 2023

“This approach makes eminent sense when the action is 4 truly a dispute over whether a given accident, event, or malady qualifies for coverage under a 5 particular insurance policy.” Id. … “The 21 burden is on the party seeking transfer to show that when these factors are applied, the balance of 22 convenience clearly favors transfer.” Lax v. Toyota Motor Corp., 65 F.

FBC Mortgage, LLC v. Broker Solutions, Inc

District Court, N.D. California · Aug 1, 2023

It has not clearly done so. 6 ii. … Corp., 991 F.2d at 521 (holding that customer 19 database information qualified as a trade secret).

Willis v. Kane

485 F. Supp. 2d 1126 · District Court, N.D. California · Apr 26, 2007

Hill is clearly established law in the parole context for purposes of § 2254(d). Sass, 461 F.3d at 1129 . … California’s parole scheme described below provides that a release date normally must be set unless various factors exist, but the “unless” qualifier is substantial.

Scott v. Snelling and Snelling, Inc.

732 F. Supp. 1034 · District Court, N.D. California · Mar 9, 1990

STANDARD FOR SUMMARY JUDGMENT Federal Rule of Civil Procedure 56(c) provides that a motion for summary judgment shall be granted if the moving party establishes the absence of any genuine issue of material fact which would … This statement should be qualified by the recognition that, under California law, 4 a covenant restraining competition will be enforced when the subsequent competition constitutes unfair competition, such as the unauthorized

Smith v. Contra Costa County Sheriff

District Court, N.D. California · Oct 15, 2021

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 … C 21-3807 YGR (PR)—on the form, clearly label the 10 complaint “Amended Complaint,” and complete all sections of the form.

Cathy v. Kuzmicz

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

Ryan, 856 F.3d 1265, 1272 (9th Cir. 2017) (Nordstrom II) (on appeal after 4 remand of Nordstrom I, holding that prison policy requiring officials to confirm that 5 outgoing letters qualified as legal mail failed to … But again, prison officials may establish that legitimate 7 penological interests justify the policy or practice.