Case law

Snarr v. Cento Fine Foods Inc.

District Court, N.D. California · Dec 23, 2019

19 next to the representations it qualifies”); Sponchiado v. … of the Products and 27 specifically allege that each Lead Plaintiff purchased the Products from a few grocery stores, 1 language does not clearly

Resilient Floor Covering Pension Fund v. TD Sports Group, LLC

District Court, N.D. California · Feb 6, 2025

(Gloeckner Depo Transcript) at 8:10-9:14; 18:12-22; 20:10-17.4 5 But the evidence also clearly established that FTC agreed to find coverage for maintenance 6 work for FTUSA customers in Northern California for … Employment of Same Workforce and Supervisors 2 The evidence clearly established that TD Sports does not employ the same or substantially 3 the same workforce as FTC.

I.B. ex rel. Bohannon v. Facebook, Inc.

82 F. Supp. 3d 1115 · District Court, N.D. California · Mar 10, 2015

Initially, four requirements of Rule 23(a) must be established: “(1) numerosity, (2) common questions of law or fact, (3) typicality, and (4) adequate representation.” DuFour v. … However, courts in this district have held that “[t]he threshold of knowledge required to qualify a class representative is low,” Moeller v.

Reyes v. Lizzaraga

District Court, N.D. California · Aug 3, 2022

established Supreme Court precedent. … Respondent 27 then argued that the ruling of the appellate court on each of the issues presented to it was based 1 unreasonable application of clearly established Supreme Court precedent.

Baird v. BlackRock Institutional Trust Company, N.A.

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

The IPS does not define what qualifies as “an opinion of 19 counsel.” See Dkt. No. 379-7, Ex. G at BAIRD_0041597. … The designating parties 14 submitted supporting declarations establishing that the information contains sensitive and 15 proprietary information. Dkt.

Competitive Technologies v. Fujitsu Ltd.

286 F. Supp. 2d 1161 · District Court, N.D. California · Aug 8, 2003

In order to qualify as corresponding, the structure must not only perform the claimed function, but the specification must clearly associate the structure with performance of the function.... … It is apparent that the word “said” as a qualifier does not always signify that the element qualified is limited to a singular embodiment.

Resilient Floor Covering Pension Fund v. TD Sports Group, LLC

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

(Gloeckner Depo Transcript) at 8:10-9:14; 18:12-22; 20:10-17.3 5 But the evidence also clearly established that FTC agreed to find coverage for maintenance 6 work for FTUSA customers in Northern California for … Employment of Same Workforce and Supervisors 2 The evidence clearly established that TD Sports does not employ the same or substantially 3 the same workforce as FTC.

Exeltis USA Inc. v. First Databank, Inc.

District Court, N.D. California · Feb 17, 2021

Such a basis for regulation clearly would be incompatible with 6 the First Amendment. 7 Pittsburgh Press Co. v. … App’x 251, 26 264 (4th Cir. 2017), to argue that the database qualifies as commercial speech. See Dkt. No. 180 27 at 24, 28–30.

Diaz v. Tesla, Inc.

District Court, N.D. California · Oct 6, 2021

Conduct may often convey as clearly as words a promise 11 or an assent to a proposed promise.” Restatement (Second) of Contracts § 19 comm. a. … It stated it had no objection to qualifying him as an expert and its counsel remained 6 silent through the entirety of his testimony.

Vuong v. Lopez-Flores

District Court, N.D. California · Sep 30, 2025

“A bankruptcy court’s factual findings are not clearly erroneous 26 unless they are illogical, implausible or without support in the record.” … As an initial matter, the bankruptcy 26 court found Vuong and Mosaic did not qualify as creditors.

Sheet Metal Workers National Pension Fund v. Bayer Aktiengesellschaft

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

To qualify as a “strong 23 inference,” the Supreme Court has held, “an inference of scienter must be more than merely 24 plausible or reasonable[.]” Tellabs, 551 U.S. at 314. … Scienter is not established as to 7 misrepresentations concerning the differences in safety risks between Roundup and glyphosate. 8 V.

Onyx Pharmaceuticals, Inc. v. Bayer Corp.

863 F. Supp. 2d 894 · District Court, N.D. California · Sep 21, 2011

In her order, Judge Patel rejected Bayer’s assertion that a 57% percent chance of FDA approval is insufficient to qualify as “reasonably certain.” See Memorandum & Order, Docket No. 143, at 20. … Union Sugar Co., 45 Cal.2d 474, 486-87 , 289 P.2d 785 (1955) ("[Wjhen it clearly appears that a party has suffered damage a liberal rule should be applied in allowing a court or jury to determine the amount, and that, given

Slater

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

The FDIC did not proffer any evidence indicating that Slater spent more than 50% of 2 her work time engaged in duties that might qualify her as an exempt employee. … The FDIC 23 was unduly vague about the vacation time claim, and relied mainly on a vacation policy change 24 that was poorly documented and not clearly explained in its brief.

Bowoto v. Chevron Texaco Corp.

312 F. Supp. 2d 1229 · District Court, N.D. California · Mar 22, 2004

The parties have not squarely confronted whether state or federal law applies to the question of a parent corporation’s liability for the subsidiary’s actions in this case, and the answer to the question does not emerge clearly … The policy which permits individuals to do business by the organization of corporations permits corporations, authorized to do so, to do business in the same way and with the same immunities from liability.

Citizens for Free Speech, LLC v. County of Alameda

114 F. Supp. 3d 952 · District Court, N.D. California · Jul 16, 2015

Id. at 4:5-12. 16 That County officials “must clearly explain [their] reasons” for their decisions regarding CUP applications substantially limits those officials’ discretion. … Plaintiff's contend that this restriction qualifies as content-based under both the First Amendment and the California Constitution. Opp’n at 17-25. The Court addresses those arguments separately below. i.

Bess v. Barroso

District Court, N.D. California · Apr 3, 2024

Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005) This constitutional 5 prohibition clearly includes retaliation for filing a complaint, Sorrano's Gasco, Inc. v. … County of Lassen, 37 F.3d 540, 546 (9th Cir. 1994) (mentally ill prisoner may establish 16 Eighth Amendment violation by showing officials have been deliberately indifferent to his serious 17 medical needs).

Rangel v. Williams

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

Analysis 14 Defendants argue that Plaintiff has not stated a cognizable claim against Padilla because 15 the Complaint’s allegations and the attached records establish … Defendants withheld 22 those that were deemed confidential, however, under the official-information privilege. 23 “Federal common law recognizes a qualified privilege for official information.”

Peoples v. Machuca

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

Meanwhile, a TRO may be granted without written or oral notice to the adverse party or that party’s attorney only if: (1) it clearly appears from specific facts shown by 24 affidavit or by the verified complaint that … review, the court must identify any cognizable claims and dismiss any claims 5 that 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

Velasquez, Jr. v. City of Hayward

District Court, N.D. California · Nov 13, 2024

person who, under color of any statute, ordinance, 13 regulation, custom, or usage, of any State . . ., subjects, or causes to be subjected, any . . . person . 14 . . to the deprivation of any rights, privileges, or immunities … Supp. 3d at 26 938 (finding plaintiff established first element of Bane Act claim based on § 1983 claims).

Sheldon v. San Quentin Staff

District Court, N.D. California · Jan 19, 2024

review, the court must identify any cognizable claims and dismiss any claims 26 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 27 monetary relief from a defendant who is immune … any SQSP defendant who is linked solely in his or her 16 respondent superior capacity or against whom Sheldon cannot allege facts that would establish