Case law

In Re Yuba Consolidated Industries, Inc.

260 F. Supp. 930 · District Court, N.D. California · Nov 23, 1966

By that reference, the Court clearly was not passing judgment on the extent of the contribution of Hoffman’s services. … Strobel’s accomplishments as a business and financial consultant are quite well established and known to this Court. 47 Mr.

Chau

District Court, N.D. California · May 12, 2026

The City moves to dismiss on all counts for 18 failure to state a claim or in the alternative, qualified immunity. … Accordingly, the Court GRANTS the City’s Motion to Dismiss Counts 1 and 2. 7 Because the Court finds that Supervisor Fielder did not engage in state action, the City’s defense 8 of qualified immunity is moot.

W. World Ins. Co. v. Nonprofits Ins. Alliance of Cal.

295 F. Supp. 3d 1071 · District Court, N.D. California · Jan 9, 2018

Desmond's overdose-induced death qualifies as "bodily injury," the parties disagree about whether his death was caused by an "occurrence." … Ruiz , 147 Cal.Rptr.3d at 813 (explaining that a sale of beer qualifies as furnishing alcohol).

Morris v. State of California

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

Plaintiff provides no details to support this allegation and does not address the medical 5 treatment that was provided to him during the relevant time period. 6 Plaintiff was clearly instructed and cautioned … Qualified Immunity and Punitive Damages 27 Because the Court has granted summary judgment in favor of Defendants, the Court 1 CONCLUSION 2

Fireman's Fund Insurance v. Garamendi

790 F. Supp. 938 · District Court, N.D. California · Apr 13, 1992

The rate rollbacks at issue in this case qualify as all three. Congress has expressly declared that it is “in the public interest” that insurance regulation be left to the states. … Labor Relations Bd., 805 F.2d 1353 , 1357 (9th Cir.1986) (“Dayton clearly establishes that state administrative proceedings ... are entitled to the same deference from the federal courts as are state judicial proceedings,

In re LeapFrog Enterprise, Inc. Securities Litigation

200 F. Supp. 3d 987 · District Court, N.D. California · Aug 2, 2016

But clearly from our perspective, we believe it’s good and marketable inventory that’s going to get sold through before the end of the year.” … Plaintiffs allege no facts establishing that Defendants did not honestly believe such, other than establishing by hindsight where in fact the inventory did not in fact move so quickly.

Katz v. BMW of North America, LLC

District Court, N.D. California · Sep 17, 2019

Cal. 2007)). 4 Here, the Lease Agreement clearly states that the terms “you” and “your” refer to the 5 Lessor (the Dealer) or Lessor’s assignee, which is BMW FS. … The Tanner Consumer Protection Act, 11 codified in Section 1793.22, enabled manufacturers to establish an elective, prelitigation, 12 “qualified third-party dispute resolution process.

LegalForce RAPC Worldwide, P.C v. LegalForce, Inc.

District Court, N.D. California · Oct 19, 2023

Where, as 9 here, a case is at the pleading stage, the plaintiff must clearly allege facts demonstrating each 10 element.” … Conversely, Plaintiff asserts advertising or selling equity does 10 qualify as trademark infringement. Opp’n at 6-8.

Intel Corporation v. U.S. Citizenship and Immigration Services

District Court, N.D. California · Jul 10, 2024

Citizenship 14 and Immigration Services’ (“USCIS”) rejection of five untimely petitions for visas that Intel 15 submitted on behalf of qualified temporary foreign workers. … Selected H–1B Registrations to Which the Procedural Protections of the Due 12 Process Clause Applied. 13 “To have a property interest in a benefit, a person clearly

Fontenoy Engineering Inc v. Kathy Baran

District Court, N.D. California · Jan 13, 2020

Based on the differences in 3 ownership, Fontenoy asserted that it is “clearly not a parent or subsidiary of JMB.” A.R. 240. … The AAO did 15 not reach USCIS’s other grounds for denial, including whether the proffered position qualifies as a 16 specialty occupation and whether Goan is qualified to perform that job.1 A.R. 63. 17 On

Barany

District Court, N.D. California · Feb 4, 2026

Willden, 678 F.3d 991, 1000 (9th Cir. 2012) (“It is also clearly established that this 24 special relationship doctrine applies to children in foster care”). … If Jazmin was a foster child, it is “clearly established” that the special-relationship 14 doctrine applies. See Henry A., 678 F.3d at 1000.

Moore v. Salinas Valley State Prison

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

immunity. … Because the Court finds no constitutional violation occurred, it is not necessary to reach 927 || Defendants’ qualified immunity argument. 28

Williams v. Visa, Inc.

District Court, N.D. California · May 28, 2025

status is a matter of 15 contract interpretation,” and “a person seeking to enforce a contract as a third party beneficiary 16 must plead a contract which was made expressly for his [or her] benefit and one in which it clearly … Code § 17204. 16 Thus, the plaintiff must “(1) establish a loss of deprivation of money or property sufficient to 17 qualify as injury in fact, i.e., economic injury, and (2) show that that economic injury was the

Kim v. Wells Fargo, N.A.

District Court, N.D. California · Dec 20, 2021

. § 632. 11 The scope of this jurisdictional grant has not been clearly defined. … But this section is 21 specific to federal reserve banks, and does not contain the qualifier applicable here that the lawsuit 22 must arise out of a transaction involving international or foreign banking.

Hill v. Perez

District Court, N.D. California · Jul 29, 2021

which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 6 monetary relief from a defendant who is immune … Nichols, 835 F.3d 983, 988 (9th Cir. 2016). 9 The right of access to the courts extends to the exercise of established prison grievance 10 procedures, Bradley v.

Nguyen v. United States

District Court, N.D. California · Apr 1, 2024

Ms. 25 Nguyen asserts that this aid violates the establishment clause of the First Amendment because 26 “Israel is a state of Judaism religion.” Id. at 5. … Nguyen bears the burden of 20 establishing its existence. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). 21 III.

Horton v. Cauley

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

To establish a 10 prima facie discrimination case under the ADA, a plaintiff must show that he: “(1) is disabled; (2) 11 is qualified; and (3) suffered an adverse employment action because of [his] disability.” … The Ninth 13 Circuit recently reiterated that the plaintiff “carries the initial burden of establishing that she is a 14 qualified individual as part of her prima facie disability discrimination case,” pursuant to the

I. M. A. G. E. v. Bailar

518 F. Supp. 800 · District Court, N.D. California · Apr 21, 1981

They have experienced no real difficulty in establishing nondiscriminatory alternatives in their place. Burns Affidavit, supra at ¶ 9. … Qualified veterans and certain other persons receive special preference by requirement of law. Depending on their status, veterans may have five or ten points added to their score.

Linne v. Alameda Health System

District Court, N.D. California · Jan 24, 2023

As Plaintiff acknowledges, Defendant clearly communicated 20 that “[a]ny employee who refuses to comply with this [vaccination] order will be taken off the 21 schedule without pay and will face discipline up to and … Haw. 2022) (“Even if Plaintiff could 3 || establish a prima facie case of retaliation, the Defendant has already offered a non-discriminatory 4 || reason for its action — namely, to prevent the spread of COVID-

Wescott v. Block

District Court, N.D. California · Apr 18, 2022

of the filing fee whenever it determines that 25 the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; 26 or (iii) seeks monetary relief against a defendant who is immune … May 27, 15 2021).4 Under this standard, “[p]laintiffs must ‘clearly refer to tangible trade secret material’ 16 instead of referring to a ‘system which potentially qualifies for trade secret protection.’ . . . 17