Case law

Osorio v. Hol-Mac Corporation

District Court, N.D. California · Mar 15, 2020

Documents 25 that have been held to qualify as an “other paper” include “responses to request for admissions, 26 Wilson v. Gen. Motors Corp., 888 F.2d 779, 780 (11th Cir.1989); settlement offers, Addo v. … other hand, the information contained in the documents supplied by 7 Plaintiff’s counsel – when considered in tandem with the allegation in the complaint that she is a 8 current resident of Livermore, California – clearly

Harris v. Broomfield

District Court, N.D. California · Apr 7, 2022

For the purpose of an Establishment Clause 15 violation, a state policy need not be formal, written or approved by an official body to qualify as 16 state sponsorship of religion; however, the actions complained of … Plaintiff has failed to state a cognizable 3 Establishment Clause claim.

P.V.J. v. Zuchowski

District Court, N.D. California · Mar 26, 2025

Normally, courts have jurisdiction to review agency actions because 21 “[t]he APA establishes a basic presumption of judicial review.” … It explained that 4 “deems to be good and sufficient cause” is discretionary because the word “deems” qualifies the 5 phrase “good and sufficient cause.” Id. at 14.

Firsov

District Court, N.D. California · Jan 21, 2026

However, that is not enough to 13 establish a connection with this case to California. California was part of Mr. … Firsov does not clearly identify in his pleading what business registration laws have been 8 violated.

Johnson v. Davis

District Court, N.D. California · Nov 19, 2021

The court must identify any cognizable claims 2 and dismiss claims that are frivolous, malicious, fail to state a claim upon which relief may be 3 granted or seek monetary relief from a defendant who is immune from … be given time to respond to the TRO Motion, plaintiff does not fulfill 20 the requirements of Rule 65(b)(1). 21 Moreover, plaintiff does not put forth “specific facts” that “clearly

Rodriguez v. Google LLC

District Court, N.D. California · Jun 2, 2025

Evid. 702. 25 Even if a witness is qualified as an expert in a particular field, any scientific, technical, or 26 specialized testimony is admissible only if it (a) “will help the trier of fact to understand the … Moreover, Plaintiffs have not established a 23 methodology (let alone a reliable one) that enabled Schneier to arrive at such opinions.

Cannon v. Wells Fargo Bank N.A.

917 F. Supp. 2d 1025 · District Court, N.D. California · Jan 9, 2013

That provision clearly provides that the amount of flood insurance the lender requires “can change during the term of the Loan.” … This preemption standard was essentially established by the Supreme Court in Barnett Bank, N.A. v.

Daviesson v. Broomfield

District Court, N.D. California · Aug 9, 2021

“A 5 federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state 6 court’s application of clearly established federal law was objectively unreasonable.” … established federal law.

Greenhouse

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

Lebanese Canadian Bank, 984 N.E.2d 893 (N.Y. 2012), the New York Court of Appeals concluded that whether a defendant’s use of a correspondent account qualifies as purposeful availment sufficient to satisfy the long-arm … Indeed, the documents he attaches clearly show that the JPMorgan Chase Bank account referenced is in West Covina, California (in Los Angeles County). (See ECF No. 98-4.)

Hill v. Weaver

District Court, N.D. California · Mar 10, 2022

review, the court must identify any cognizable claims and dismiss any claims 21 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 22 monetary relief from a defendant who is immune … See id. 24 However, retaliation is not established simply by showing adverse activity by defendant after 25 protected speech; rather, plaintiff must show a nexus between the two. See Huskey v.

Patera v. Citibank, N.A.

79 F. Supp. 3d 1074 · District Court, N.D. California · Feb 5, 2015

“In actions seeking declaratory or injunctive relief, it is well established that the amount in controversy is measured by the value of the object of the litigation.” Hunt v. Wash. State Apple Adver. … Servicing, L.P., 228 Cal.App.4th 941 , 176 Cal.Rptr.3d 304 (2014), the California Court of Appeals held that, because “defendants allegedly agreed to consider modification of the plaintiffs’ loans, the Biakanja factors clearly

Gill v. UNUM Life Insurance Company of America

District Court, N.D. California · Nov 23, 2020

The claimant has a well-established psychiatric condition that has 4 not responded fully to current treatment. … Here, by contrast, 26 Unum clearly and unequivocally told Mr.

Rankins v. United Parcel Service, Inc.

District Court, N.D. California · Jan 25, 2024

In 27 1 November of 2017, the same employee “questioned” Rankins’s “seniority despite” Rankins 2 “clearly being the senior employee with almost … Threats of 3 physical violence can qualify as such outrageous conduct. See Kiseskey v. Carpenters’ Tr. for So. 4 California, 144 Cal.

Villanueva v. Maxim Healthcare Services, Inc.

District Court, N.D. California · Sep 11, 2023

“Surprise involves the extent to which 14 the contract clearly discloses its terms as well as the reasonable expectations of the weaker party.” 15 Id. … Ct. 1163, 1170 (2021) (“As several leading treatises explain, a qualifying 3 phrase separated from antecedents by a comma is evidence that the qualifier is supposed to apply 4 to all the antecedents instead of only

Cortez v. Callahan

District Court, N.D. California · Aug 25, 2021

App’x at 461 (“[W]e have 19 held that this footnote in Lane does not qualify as clearly established federal law under federal 20 habeas law”); see generally Cullen, 563 U.S. at 412 (stating that the only definitive … application of clearly established United States Supreme Court law.

Bradford v. Asian Health Services

District Court, N.D. California · Jun 7, 2024

Defendant notified the United States Attorney it was attempting to invoke immunity to the suit 25 under 42 U.S.C. § 233(a) and have the United States substitute it as the only defendant. … Defendant cites Watson, 551 U.S. at 152 to support its claim that 17 even if it is not recognized as a federal employee or officer, it qualifies as a person acting under a 18 federal officer.

Shande v. Zoox, Inc.

District Court, N.D. California · Aug 14, 2023

It appears that those post-takedown notice communications would qualify 6 for protection under the anti-SLAPP statute. … For purposes of this motion, Shande concedes 10 that Zoox’s communications with Epic qualify as protected speech activity under § 425.16(e). See 11 id.

Hamilton v. United States

343 F. Supp. 426 · District Court, N.D. California · Oct 22, 1971

Raymond Yaeger, who is an Air Traffic Control Specialist with the FAA, and qualified as an expert, that there are no separation standards in VFR in flying in an airport traffic area. … This court finds that plaintiffs have not established by a preponderance of evidence the allegations for which they bear the burden.

Cisneros v. Vangilder

District Court, N.D. California · Feb 3, 2021

Id. 21 Following the trial, the Court granted Defendant Cupp’s renewed motion for judgment as a 22 matter of law, finding that he was entitled to qualified immunity. … Moreover, because the Court granted Defendant Cupp’s renewed motion for judgment as 20 a matter of law, finding that he was entitled to qualified immunity, Plaintiffs’ awards have already 21 been reduced by half: from

Sharper Image Corp. v. Honeywell International Inc.

222 F.R.D. 621 · District Court, N.D. California · Jul 28, 2004

‘Willfulness,” as an issue of fact, often will not be a matter of clearly separated black and white. … Given these findings, the balance tips clearly in favor of extending the waiver into this arena.