Case law

Impossible Foods Inc. v. Impossible X LLC

District Court, N.D. California · Mar 4, 2025

As discussed previously, ILLC submitted only a 27 “qualified objection” to IF’s motion, and did not provide any argument related to Rule 15. … That said, the gears of discovery can turn slowly, and in light 1 delay on IF’s part is not severe enough to preclude amendment. 2 Finally, IF has clearly not failed repeatedly to cure deficiencies in its

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.

Nolan v. Heald College

745 F. Supp. 2d 916 · District Court, N.D. California · Aug 27, 2010

Defendants are right in objecting that a “handful of judicial decisions criticizing specific case outcomes” does not establish a history of bias. Doc. # 121 at 30. … Pringle qualified this finding by noting: “Sitting is suggested to be tolerated cumulatively to 1 hour per day for no greater than 10 minute increments.” MET 185.

Doe by and Through Doe v. Petaluma City School Dist.

949 F. Supp. 1415 · District Court, N.D. California · Jul 22, 1996

The Bosley court specified that the required intent could be established by inference. Id. at 1021 . … A disparate impact plaintiff need not prove intentional discrimination; indeed, the employer’s motive may be as innocent as the desire to hire the most qualified person.

Baumeister

District Court, N.D. California · Jul 21, 2026

Cal. 1996) (according “little evidentiary weight” to attorney declaration because declarant “does not qualify as an expert”). … Because the agreement clearly and unmistakably delegates “[q]uestions of arbitrability,” including “whether [the] arbitration agreement is enforceable” to an arbitrator (see Dkt.

Sherrill v. Brinkerhoff Maritime Drilling

615 F. Supp. 1021 · District Court, N.D. California · Aug 9, 1985

Defendants, on the other hand, deny that negligence on the part of Airfast is established as the sole cause of the crash. … This clearly was not a ruling on the vessel’s status. 3 .

McArthur v. Alameda County Public Defender's Office

District Court, N.D. California · Dec 5, 2023

Moreover, SVP trials “are not aimed primarily at 9 establishing an individual’s liability for past events, but instead at establishing the individual’s 10 present need for mental health treatment.” Id. at 377. … Kraft is qualified to opine on the standard of 18 care. (Pl.’s Opp’n at 13.)

Craig v. CDCR

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

review the court must identify any cognizable claims, and dismiss any 3 claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or 4 seek monetary relief from a defendant who is immune … To establish an 6 Eighth Amendment claim based on inadequate medical care, a prisoner-plaintiff must show: (1) a 7 serious medical need, and (2) deliberate indifference thereto by a defendant.

Lai

District Court, N.D. California · Jul 30, 2026

Plaintiff’s secondary request is that, “in the alternative, [the Court] 9 deem the matters in the action established.” Id. at 1. … This is clearly non-compliant and, to the extent Defendant Zhang responds 17 “subject to and without waiving” these objections, such language does not excuse her failure to 18 provide the information required by the

Nacarino v. KSF Acquisition Corporation

District Court, N.D. California · Nov 23, 2022

In particular, Nacarino 8 alleges, SlimFast Original Meal Replacement Shake Mix promises “‘10g PROTEIN,’ but 9 the mix only contains 2g of protein per serving” (see CAC ¶ 18), SlimFast Advanced 10 Immunity Smoothie … evidently lacks a name in common parlance, and, at best, leads the consumer to a partial 1 statements indicating plaintiff had won sweepstakes, promotion included “qualifying

Baidan v. Romanovska

District Court, N.D. California · Nov 25, 2024

payment of the filing fee whenever it determines 7 that the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be 8 granted; or (iii) seeks monetary relief against a defendant who is immune … Baidan’s amended complaint does not establish any claim for relief under federal law. 23 However, given Mr.

Ellis v. Costco Wholesale Corp.

285 F.R.D. 492 · District Court, N.D. California · Sep 25, 2012

The court rejected Costco’s argument that any gender disparities are “attributable to the gender-differentiated supply in the pool of qualified employees for AGM and GM positions ... … V, at 155 (disputing the idea that managers might be discriminating in certain employment decisions because *521 “tilt's so clearly ingrained in the culture of our company, I can’t imagine how they would miss that message

San Francisco Baykeeper v. United States Army Corps of Engineers

219 F. Supp. 2d 1001 · District Court, N.D. California · Aug 12, 2002

Summary Judgment Summary judgment is properly granted when no genuine and disputed issues of material fact remain, and when, viewing the evidence most favorably to the non-moving party, the movant is clearly entitled to prevail … Plaintiffs argue that because Port Ordinance 3516 offered no increased mitigation over that provided by AB 703, the open ocean exchange ordinance cannot qualify as effective mitigation.

Boobuli's LLC v. State Farm Fire And Casualty Company

District Court, N.D. California · Jan 24, 2024

Bestfoods, 524 U.S. 51, 61 (1998). 17 To establish alter-ego liability, and pierce the corporate veil, Boobuli’s needed to establish that (1) 18 “there is such unity of interest and ownership that the separate personalities … Nat’l Title Co., 11 Cal. 24 5th 104 (2021) (if conduct is affirmatively authorized by the Insurance Code, then immunity 25 applies); see supra I(A). 26 Boobuli’s also

Stokes v. U.S. Department of Justice

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

Thirty-one states and two tribal governments have 3 established such programs, but California has not. … Halderman, 465 U.S. 89, 101–02 (1984) (cleaned up). 18 The Supreme Court has recognized an exception to the immunity under the Eleventh 19 Amendment in Ex parte Young, 209 U.S. 123 (1908).

Mclean

District Court, N.D. California · Sep 15, 2026

An ALJ may find an impairment non-severe “only 17 when his conclusion is clearly established by medical evidence.” Webb v. … Factually, 8 counsel’s statement was qualified: he said the record was complete “in any other respects” after 9 explaining that the only outstanding records concerned the already-established 2023 listing date, 10

Warren v. Whole Foods Market California, Inc.

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

See FAC, Prayer for Relief ¶ A-I. 8 Defendant moved to dismiss the FAC for failing to (1) establish the Nevada Class’s Article 9 III standing to sue a California corporation, (2) establish the Court’s subject … See 11 id. at 9-12. 12 Notably, Plaintiffs clearly allege that “ethyl vanillin does not come from the vanilla plant 13 at all” and state that “it is an

Yamauchi v. Cotterman

84 F. Supp. 3d 993 · District Court, N.D. California · Mar 24, 2015

limitations period following a first breach of duty or instance of misconduct were treated as sufficient to bar suit for any subsequent breach or misconduct; parties engaged in long-standing misfeasance would thereby obtain immunity … In the Seventh Circuit, "so-called self-concealing acts” qualify as concealment. Martin v. Consultants & Administrators, Inc., 966 F.2d 1078, 1095 (7th Cir.1992) .

In re Ripple Labs Inc. Litigation

District Court, N.D. California · Feb 26, 2020

Compl. ¶¶ 14-16, 177-83. 22 Defendants do not dispute that such allegations suffice to establish control person liability 23 under § 77o. … Plaintiff fails to allege the established public policy offended in both his complaint and opposition.

Transamerica Corporation v. United States

254 F. Supp. 504 · District Court, N.D. California · May 20, 1966

On appeal, the Court of Appeals for the Ninth Circuit held that this finding was not clearly erroneous but held further, that expenses incurred in connection with the partial liquidation were not deductible as business expenses … In order for a gift to qualify as a charitable contribution within the meaning of 26 U.S.C.