Case law

Dolby Laboratories Licensing Corporation v. Adobe Inc.

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

The trial court must 20 decide whether the witness called is properly qualified to give the testimony sought. … Kursh to opine that the disputed terms in the contract should have been 4 “explicit” or “clearly defined,” or that they should have had “clear objective criteria.”

Napa Valley Limoncello LLC, et al. v. Nationwide Agribusiness Insurance Company

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

Newman’s experience, much like 2 that of a sommelier, makes him qualified to testify to the presence of smoke taint. … Nationwide contends that, as a self-admitted non-scientist, Mr. 14 Newman is not qualified to rebut Dr.

Hernandez v. Polanco Enterprises, Inc.

19 F. Supp. 3d 918 · District Court, N.D. California · Aug 23, 2013

Id. *927 While Oliver clearly states that the operative complaint must identify all barriers for which relief is sought, how much specificity is required when alleging those barriers is less clear. … Defendant qualified these refusals by promising to supplement its responses in the event that it did assert the readily-achievable defense. Def. Supp. Interrog. Resp. at 11-15; Def. RFP Resp. at 10-11.

Gomo v. NetApp, Inc.

District Court, N.D. California · Sep 12, 2019

Certificates of Coverage 26 The Court next considers whether the Certificates of Coverage qualify as Plan documents. 27 Again, the elements required to establish an ERISA plan are “(1) … The Power Points clearly stated that the Plan was fully insured and 25 referenced either CIGNA or UHC as the insurer.

Safecast Limited v. Google, LLC

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

The “burden of establishing invalidity” 7 is on the party asserting it. Id. This requires “clear and convincing evidence.” Microsoft Corp. v. 8 i4i L.P., 564 U.S. 91, 95 (2011). … But even assuming they do, the 18 Community Guidelines are clearly not “laid down by a broadcasting authority” as the patent’s 19 limitations require. They are instead laid down by Google itself.

Securities and Exchange Commission v. Panuwat

District Court, N.D. California · Mar 8, 2024

Becker is qualified. For Dr. … Nor are they conclusory; their basis is well 10 established.1 Panuwat’s concerns go to the weight of Dr.

Barno v. Padilla

District Court, N.D. California · May 12, 2022

Defendants move for summary judgment on the merits of Barno’s claims and on their 21 defense of qualified immunity, as well as on the ground that Barno did not exhaust administrative 22 remedies for some of his claims … See Schroeder, 55 F.3d at 461-62 (defendants had qualified 15 immunity against retaliation claim based on their decision to transfer prisoner to preserve internal 16 order and discipline and maintain institutional security

Diaz v. San Jose Unified School District

412 F. Supp. 310 · District Court, N.D. California · Jan 1, 1976

As indicated by the events listed above, the board clearly knew of the established pattern of racial imbalance within the school system for years prior to the filing of this action. … As shown above, the state integration guidelines did not impose an absolute affirmative obligation to integrate the district; the guidelines were qualified by other educational considerations.

Robinson v. Ahuja

District Court, N.D. California · Jul 22, 2021

The 3 second is discretionary: if good cause is not established, the district court may extend time for 4 service upon a showing of excusable neglect. … Disparate Treatment 26 To establish a prima facie case of disparate treatment discrimination, a plaintiff must show: 27 “(1) he belongs to a protected class; (2) he was qualified

Zvik

District Court, N.D. California · Feb 24, 2026

Centex Real Estate 1 suspected animal abuse and neglect, FAC ¶ 11, clearly fall within the scope of this privilege. See 2 Edwards, 53 Cal. … This subdivision was added in a 2021 amendment, converting what 11 was formerly an absolute privilege into a qualified privilege. King v.

Taylor v. San Francisco Sheriff's Department

District Court, N.D. California · Oct 29, 2024

Judicial 1 sua sponte7 finds that California charter schools and their employees sued in their official capacity 2 are entitled to Eleventh Amendment immunity. See J.C. by & through W.P v. … See First Order on MTD 12 (“a state waives 20 its Eleventh Amendment immunity with respect to Title VII and Title IX”). 21 IV.

Simple Design Ltd. v. Candymobi Information Technology Co.

District Court, N.D. California · Jul 2, 2020

On these facts, Simple Design has established that the defendants have violated and continue to violate the Lanham Act. On the whole, the other Eitel factors similarly support the entry of a default judgment. … Simple Design requests statutory damages on the basis that the defendants’ marks qualify as counterfeits. But the defendants’ marks are not “substantially indistinguishable” from Simple Design’s marks.

Simmons v. Mischel

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

The plaintiff bears the burden of establishing 13 subject matter jurisdiction. Kokkonen v. Guardian Life Ins., 511 U.S. 375, 377 (1994). 14 A jurisdictional challenge may be facial or factual. … The Supreme Court has determined that jurisdictional dismissals are warranted “where the 6 alleged claim under the Constitution or federal statues clearly appears to be immaterial and made 7 solely for the purpose of

Barnes v. AT & T Pension Benefit Plan-Nonbargained Program

963 F. Supp. 2d 950 · District Court, N.D. California · Jul 26, 2013

Barnes has adequately established some success on the merits. 2. … Plaintiff finally had to establish that her suit was a “substantial” or “significant” cause of defendant’s action providing relief.

Huerta v. First Solar, Inc., a Delaware corporation

District Court, N.D. California · May 14, 2025

Mendes’ opinions clearly are relevant. Thus, the question is 2 whether Huerta has established that Mr. Mendes’ methodology is so unreliable as to render his 3 opinions inadmissible. Huerta argues that Mr. … Instead, CSI argues that Huerta cannot establish that the Phase 2 20 Security Gate qualifies as the “the first location” for purposes of Section 5(A).

National Association of Manufacturers v. United States Department of Homeland Security

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

National Wildlife Fed’n v. 17 Coston, 773 F.2d 1513, 1517 (9th Cir. 1985). 18 Whether a plaintiff can establish a likelihood of success on the merits or establishes serious 19 questions … The evidence detailing the injuries caused by that bar is 15 clearly in the record before this Court. 16 Next, Defendants contend that there are exceptions to the scope of the Proclamation

Harrington v. Federal Deposit Insurance Corporation

District Court, N.D. California · Jul 12, 2024

No. 1 (“Compl.”). 22 In their complaint, Plaintiffs allege that the FDIC-R unlawfully “relegated the Plaintiffs to wholly 23 unsecured creditor status” and deprived them of the assets from the Non-Qualified Deferred … In ultimately finding jurisdiction present, 4 the Ninth Circuit clearly explained the limits of its holding, stating that it “did not mean to 5 establish the overly simple proposition that every time a party claims

Hulbert v. Hartford Life and Accident Insurance Company

District Court, N.D. California · Aug 2, 2021

The existence of a medical condition alone does not establish the existence 22 of a disability. See Leipzig v. AIG Life Ins. … In Dr. 6 Wozniak’s words: “he clearly does read despite stating multiple times he can not.” Id. The Court 7 finds the evidence presented by these two treating professionals persuasive.

Gradney

District Court, N.D. California · Feb 18, 2026

These allegations do not clearly establish that Plaintiffs tested seltzers bearing the 15 “100% Natural” label, which is a particular point of concern because Polar previously represented 16 that its seltzers no longer … Current Good 12 Manufacturing Practice regulations applicable to food manufacturers mandate[] establishment of controlled processes to ensure that each 13 lot conforms to established

Ellis v. Harder Mechanical Contractors, Inc.

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

SCMs will receive individual settlement payments 10 in an amount to be calculated by dividing the number of Qualified Shifts for each individual SCM 11 by the total number of Qualified Shifts for all SCMs. … The Notice explains the process to dispute the 25 number of Qualified Shifts stated on their individualized Notice.