Case law

Lobo v. Air-India Ltd.

District Court, N.D. California · Jan 26, 2021

Further, both sides agree that Air India’s 14 conduct alleged in her complaint falls within the “commercial activity” exception of the Foreign 15 Sovereign Immunities Act, 8 U.S.C. § 1605 (FSIA). … But it is unclear whether Air India qualifies as a “governmental entity” that would be 13 exempt from Section 226’s requirements as contemplated by the California legislature when 14 operating as a commercial air carrier

Arnold v. United Artists Theatre Circuit, Inc.

94 Daily Journal DAR 16670 · District Court, N.D. California · Apr 26, 1994

In addition, plaintiffs’ attorneys are well qualified to serve as class counsel, having substantial experience litigating both class-action cases and disability ae-cess suits. … Such challenged features clearly affect all classmembers in roughly the same way.

Mora-Albarran v. Mayorkas

District Court, N.D. California · Jul 18, 2024

Plaintiff is not a Prevailing Party 15 A plaintiff must meet two criteria to qualify as a prevailing party. … equitable doctrine that precludes a party from gaining an 27 advantage by asserting one position, and then later seeking an advantage by taking a clearly

Ghanadan

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

The Ninth Circuit has 12 consistently approved the use of affidavits and declarations to establish or contest the amount in 13 controversy for purposes of CAFA removal. … Jauregui, 28 F.4th at 994 (“Of course, if a defendant provided no 26 evidence or clearly inadequate evidence supporting its valuation for a claim, then it might be 27 appropriate for a district court to assign that

Johnson v. County of Santa Clara

District Court, N.D. California · Mar 21, 2023

Lubrin argues that (1) there is no evidence that 14 he violated any of Plaintiff’s Fourteenth Amendment rights and (2), even if he did, he is entitled to 15 qualified immunity because there was no clearly established … At the very least, Lubrin would also be “entitled to qualified immunity as 14 Gaut was [and is] the law of the Ninth Circuit at the time of the alleged threats and harassment.” 15 Hayes v.

Flintkote Co. v. Aviva PLC

177 F. Supp. 3d 1165 · District Court, N.D. California · Apr 4, 2016

Claimants who qualify for payment under the TDPs are to be paid a percentage of the nominal “value” The Trust assigns to their claims. Id. at §§ 2.3, 4.L, 4.2, 5.1(c). … And, according to the court, the CDPs established that the only amount that Fuller-Austin was obligated to pay was each claim’s payment percentage — not the allowed liquidated value.

In re Myford Touch Consumer Litig.

291 F. Supp. 3d 936 · District Court, N.D. California · Feb 14, 2018

In this role, the "judge is a gatekeeper, not a fact finder," and the "gate [should] not be closed to [a] relevant opinion offered with sufficient foundation by one qualified to give it." Primiano v. … In sum, because Ford has not established that Dr. Arnold and Mr.

Escobar-Lopez v. City of Daly City

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

LEGAL STANDARDS 17 The standards governing a motion to dismiss under Rule 12(b)(6) are well-established. See 18 McLellan v. … Second, the fact that individual officers may have a defense to liability, such as 26 qualified immunity, does not prevent the city or county from

Reyes

District Court, N.D. California · May 27, 2026

M.R. is correct that the record does not clearly support that he struck an officer with a bottle. … The complaint therefore must allege facts that plausibly establish each defendant’s liability. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555–57 (2007).

Prescott v. Santoro

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

Circuit 22 court decisions “may be persuasive in determining what law is clearly established and whether a 23 state court applied that law unreasonably.” Id. (quotation and citation omitted). … The district court “may not issue the writ simply because that court 4 concludes in its independent judgment that the relevant state-court decision applied clearly 5 established federal law erroneously or incorrectly

Blake v. Ndoh

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

And he has not 19 shown that he was deprived of procedural due process under clearly established federal law. 20 BACKGROUND 21 Both parties rely on … State of Arkansas, 333 U.S. 196, 201 (1948). 2 Here, Blake has not shown that the Court of Appeal’s decision was contrary to, or 3 involving an unreasonable application of, clearly established federal law as

Harris v. Bullard

District Court, N.D. California · Nov 27, 2019

review, the court must identify any cognizable claims and dismiss any claims 24 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 25 monetary relief from a defendant who is immune … established Federal law, as determined by the 15 Supreme Court of the United States; or resulted in a decision that was based on an unreasonable 16 determination of the facts in light of the evidence presented in the

Moody v. Liberty Life Assur. Co. of Boston

595 F. Supp. 2d 1090 · District Court, N.D. California · Jan 26, 2009

The letter does not describe what sort of data would qualify as objective supporting evidence. 30. The letter states that Moody’s occupation is “typically performed within the light physical demand level.” AR-0249. 31. … Analysis of cognitive impairment was clearly an afterthought in Liberty’s review.

Ambrosia v. Cogent Communications, Inc.

312 F.R.D. 544 · District Court, N.D. California · Jan 4, 2016

Further, there is no indication that any conflicts of interest exist, and plaintiffs have retained counsel sufficiently qualified to ensure vigorous prosecution on behalf of the class. … Nickerson’s report, however, clearly is advocacy couched as expert opinion. Plaintiffs' objection to consideration of the report at this juncture accordingly is sustained, See, e.g., Kamakahi v. Am. Soc'y for Reprod.

Farmer v. Optio Solutions, LLC

District Court, N.D. California · Aug 31, 2022

Under 15 Spokeo I, “traditional tangible harms, such as physical harms and monetary harms” will “readily 16 qualify as concrete injuries under Article III.” TransUnion, 141 S. Ct. at 2204. … Id. 1 stress where there is no consumer reliance.1 2 In sum, neither historical practice nor Congressional judgment establishes that Congress 3 established the FDCPA to protect Plaintiff

Rattie v. Balfour Beatty Infrastructure, Inc.

District Court, N.D. California · Aug 25, 2023

On or about February 2019, Mr. 25 Rattie was diagnosed with Common Variable Immune Dysfunction (CVID), a condition that 26 requires him to receive specialized injections. Id. ¶ 12. Balfour accommodated Mr. … Although “[t]he party claiming the [attorney-client] privilege has the burden of 2 establishing the preliminary facts necessary to support its exercise[,]…[o]nce that party establishes 3 facts necessary to support a

Poslof v. California Department of Corrections and Rehabilitation

District Court, N.D. California · Mar 12, 2025

April 20, 2006) (granting qualified immunity to defendants when prisoner 24 slipped and fell in puddle of water resulting from leaking ceiling, … Poslof’s vague belief 22 that the meals were “tiny” and “way short” is insufficient to establish a claim.

Ponomarenko v. Shapiro

287 F. Supp. 3d 816 · District Court, N.D. California · Feb 5, 2018

This included identifying clients and techniques, *825 maintaining relationships with those clients, developing innovative solutions to meet client needs, and developing highly qualified personal coaches to benefit the clients … "To establish a claim for interference with prospective economic advantage, therefore, a [complainant] must plead that the defendant engaged in an independently wrongful act." Id. (citing Della Penna v.

Gay v. Shaffer

District Court, N.D. California · Sep 17, 2024

Aug. 9, 2006) (finding that the anticipated litigation date was established when a potential 18 claim is identified); Hynix Semiconductor Inc. v. Rambus Inc., 645 F.3d 1336, 1346–47 (Fed. … If Defendants were correct, then every party which did not personally engage in 27 sanctionable conduct would be immune from imputed responsibility

In re Chrysler-Dodge-Jeep Ecodiesel Mktg.

295 F. Supp. 3d 927 · District Court, N.D. California · Mar 15, 2018

That is not the case here, as Plaintiffs allege that each of the Class Vehicles contained software that qualified as a defeat device, which is clearly prohibited by federal regulations. See 40 C.F.R. § 86.1803-01 . … Under Noerr-Pennington , "those who petition any department of the government for redress are generally immune from statutory liability for their petitioning conduct." Sosa v.