Case law

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).

Telephia, Inc. v. Cuppy

411 F. Supp. 2d 1178 · District Court, N.D. California · Feb 1, 2006

But the mere fact that Telephia’s revenues increased does not establish that it was not damaged. … As discussed above, it has not been established that using nTelos for Path C was consistent with the SPA.

Miller v. Walmart Inc.

District Court, N.D. California · Sep 16, 2022

plaintiff to establish a cause of action 24 against the non-diverse party in state court.’” … Critically, to 16 qualify as “outrageous,” the conduct must be “so extreme as to exceed all bounds of that usually 17 tolerated in a civilized community.” Id.

Hash v. Giacomazzi

District Court, N.D. California · Apr 10, 2023

review, the court must identify any 6 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 7 upon which relief may be granted or seek monetary relief from a defendant who is immune … Any motion for summary judgment shall be supported by adequate 27 factual documentation and shall conform in all respects to Rule 56 of the Federal Rules of 1 qualified immunity found, if material facts are in dispute

Fyock v. City of Sunnyvale

25 F. Supp. 3d 1267 · District Court, N.D. California · Mar 5, 2014

First, while every court that has considered a ban on possession of magazines having a capacity to accept more than ten rounds has upheld the law, no court has found that such magazines do not qualify as “arms” under the … The evidence thus establishes that the banned magazines make up just one subset of magazines, which interoperate only with a subset of all firearms.

Hynix Semiconductor Inc. v. Rambus Inc.

441 F. Supp. 2d 1066 · District Court, N.D. California · Jul 17, 2006

Even where no duty to disclose would otherwise exist, “where one does speak he must speak the whole truth to the end that he does not conceal any facts which materially qualify those stated. … Causation Rambus asserts Hynix has failed to establish any genuine issue of material fact that Rambus’s alleged failure to disclose caused Hynix’s alleged damages.

Lewis v. Foss

District Court, N.D. California · Aug 29, 2022

Id. 19 To establish an Eighth Amendment claim on a condition of confinement, such as an 20 excessive risk to health or safety, a prisoner-plaintiff must show: (1) an objectively … April 20, 2006) (granting qualified immunity to defendants when prisoner slipped and fell in puddle of water resulting from leaking ceiling, of which defendants knew), aff’d 25

Signature Management Team, LLC v. Automattic, Inc.

941 F. Supp. 2d 1145 · District Court, N.D. California · Apr 22, 2013

Rule 45 itself, in its enforcement provisions, clearly anticipates the assertion of defenses to production. These provisions *1153 are incorporated by reference in § 512(h)(6). Any other interpretation makes no sense. … To establish a prima facie case of copyright infringement, a party must show (1) ownership of a valid copyright and (2) violation by the alleged infringer of at least one of the exclusive rights granted to copyright owners

United States v. Reyes

907 F. Supp. 2d 1068 · District Court, N.D. California · Nov 2, 2012

Dunn is “clearly irreconcilable” with Leocal While the Ninth Circuit has not had occasion to revisit Dunn after Leocal , in Covarrubias Teposte v. … In the Fifth Circuit, a pre-Leocai case established a framework consistent with Leocal. United States v.

Carey v. Torres

District Court, N.D. California · Dec 20, 2024

Plaintiff alleged Torres did not qualify as an “eligible bidder” or provide the California 3 Department of Justice with an affidavit as required by California Civil Code section 2924. … forma pauperis complaint before service of process if it “(i) is 15 frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks 16 monetary relief against a defendant who is immune

California Ex Rel. California Coastal Commission v. Norton

150 F. Supp. 2d 1046 · District Court, N.D. California · Jun 20, 2001

Legal Standard 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 … The MMS determined that the remaining four leases had expired and, therefore, did not qualify for further lease suspensions.

Flanigan v. Harris, Hicklin and Tam

District Court, N.D. California · Aug 29, 2020

Moreover, the order found qualified 7 immunity no barrier to liability, as no reasonable law enforcement officer could have believed 8 the Fourth Amendment would tolerate stomping on, repeatedly kicking and hitting … QUALIFIED IMMUNITY DOES NOT BAR LIABILITY. 26 Even though Mr.

Bates v. City Of San Jose

District Court, N.D. California · Aug 23, 2021

Judge Whyte held that (1) the individual defendants were entitled to 7 qualified immunity because the right to a good cause hearing under Plaintiff’s circumstances was 8 not clearly established law, id. at 6-7; and … The earlier decisions on these issues are not clearly 13 erroneous.

Schendel v. Pipe Trades District Council No. 36 Pension Plan

880 F. Supp. 710 · District Court, N.D. California · Mar 16, 1995

Pursuant to the 1987 Plan, credited service may be lost due to a break in service only under the following circumstance: *713 Loss of Accumulated Past and Future Service An employee who has not yet qualified for a pension … Schendel’s claim was clearly repudiated more than four years before he filed suit. However, Martin supports the plaintiffs position.

Caldwell v. City of San Francisco

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

Defendants’ motion did not clearly identify which of Brass’ 14 opinions they 26 were challenging and the bases for their challenges to the individual opinions. … Evid. 702 21 (an expert may be qualified either by “knowledge, skill, experience, or education.”).

Mom v. Saul

District Court, N.D. California · Sep 1, 2020

In most cases, a 25 positive ANA test indicates [the] immune system has launched a misdirected attack on [a body’s] own … Such a conclusion must be “‘clearly established 13 by medical evidence.’” Id. (quoting SSR 85-28).

O'Malley v. Davis

District Court, N.D. California · Sep 16, 2025

Petitioner, however, argues that the California Supreme Court’s decision was contrary 10 to clearly established federal law, as well as an unreasonable application of clearly established 11 federal law, and an unreasonable … Petitioner’s qualified venire, however, had only two African Americans.

Omstead v. Dell, Inc.

533 F. Supp. 2d 1012 · District Court, N.D. California · Feb 5, 2008

The court found that plaintiffs had not established that there is a fundamental policy against class action waivers in California. … waiver" was an exculpatory provision in violation of California public policy because the Bank, by design, was granting itself both a license to push the boundaries of good business practices to their furthest limits and immunity

Blue Bottle Coffee, LLC v. Liao

District Court, N.D. California · Oct 16, 2023

Defendants primarily contest the reliability of her use of 19 20 CMYK analysis, given that Plaintiff “cites nothing to establish that Ms. … Sleekcraft 1 2 Boats, 599 F.2d 341, 349 (9th Cir. 1979), so there is clearly a “connection” between 3 Morton’s analysis and the trademark infringement

Roberts v. United Food & Commercial Workers Local 648

District Court, N.D. California · Dec 20, 2019

To establish a prima facie case of discrimination, a plaintiff 12 must allege that (1) he is a member of a protected class; (2) he was qualified for his 13 position and performing his job satisfactorily; (3) he experienced … Plaintiff Failed to Establish a Prima Facie Case of 19 Discrimination 20 Here, plaintiff failed to establish a prima facie case of discrimination.