Case law

Andy LaShawn Fortner v. Lake County Jail

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

that are frivolous, 26 malicious, fail to state a claim upon which relief may be granted or seek monetary relief from a 27 1 defendant who is immune … However, in order for deliberate indifference to 12 be established, there must be a purposeful act or failure to act on the part of the defendant and 13 resulting harm. See Simmons v. G.

A.H.

District Court, N.D. California · Feb 20, 2026

No. 105 at 20-22. 8 Sigler and Jordan were aware of some disturbing conduct, including a relationship between 9 A.H. and Shetterly that clearly exceeded expected and appropriate student-teacher dynamics. 10 … Most 17 importantly, the Court finds “that principles of comity will be well-served by allowing the state 18 courts to resolve claims solely of state law” because of the potential application of statutory 19 immunities

Izett v. Crown Asset Management, LLC

District Court, N.D. California · Oct 1, 2019

Peck’s declarations, establishing his familiarity with Citibank’s credit card 26 records, demonstrate that Mr. Peck is a qualified “witness with knowledge.” … That argument is thus “for judicial determination 24 [u]nless the parties clearly and unmistakably provide otherwise.” Howsam v.

Mitchell v. Fox

District Court, N.D. California · Jun 24, 2025

Id. at 411. 20 Section 2254(d)(1) restricts the source of clearly established law to the Supreme Court’s 21 jurisprudence. … There is thus no “clearly 4 established” Supreme Court precedent for the claim that a habeas petitioner was “constitutionally 5 entitled to the reappointment of counsel.” Id.

Brown v. China Integrated Energy, Inc.

875 F. Supp. 2d 1096 · District Court, N.D. California · Jul 12, 2012

“To qualify as ‘strong’ within the intendment of § 21D(b)(2) ... an inference of scienter must be more than merely plausible or reasonable — it must be cogent and at least as compelling as any opposing inference of nonfraudulent … Although plaintiffs cite the third party reports extensively, they have clearly adopted the allegations of the third parties as their own.

Murray v. Martin O'Malley

District Court, N.D. California · May 6, 2024

But because, as discussed above, 12 the record before the ALJ here was not insufficient, the fact that other relevant evidence may have 13 existed but was not included in the record does not itself establish a failure … At step three, the agency determines whether the claimant’s impairments meet (or equal) 26 certain listed impairments which automatically qualify a claimant as disabled.

Fairbairn v. Fidelity Investments Charitable Gift Fund

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

To put it another way, Fidelity Charitable has not established as a matter of law that the 15 Fairbairns’ donation with the alleged conditions means that Fidelity Charitable did not acquire 16 exclusive legal control … In other words, even if, as Fidelity Charitable claims, a legally- 25 enforceable promise would mean the donation did not qualify as a tax deductible DAF donation, 26 the misrepresentation claim does not require Fidelity

Schulz v. Bay Area Motivate, LLC

District Court, N.D. California · Dec 3, 2019

See 42 U.S.C. § 12132.9 21 Defendants argue Schulz has failed to allege facts to support a finding that he is a 22 "qualified individual with a disability," a term defined in … Although 10 not clearly expressed in the FAC, said allegations indicate Schulz's theory is that he 11 could meet the essential eligibility requirements of the San Francisco Bikeshare Program 12 if afforded a reasonable

Turbin

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

Qualified 15 professionals post their business profiles on Thumbtack’s platform and purchase “leads” to 16 homeowners who are interested in hiring a professional in their field. … Under Oberstein, these kinds of “action 18 button” wraps are acceptable when clearly hyperlinked terms are in immediate proximity to the 19 action button and the website states that clicking the action button constitutes

Blickenstaff v. City of Hayward

District Court, N.D. California · Jan 13, 2023

Nor will I 27 address the potential applicability of qualified immunity for the officers’ conduct. … The opposition points to 20 Paragraph 83 of the FAC, which states that “[u]nder clearly established legal norms related to the 21 Eighth Amendment, defendants are liable under 42 U.S.C. § 1983 for imposing a fine or

Ramirez v. Electronic Arts, Inc.

District Court, N.D. California · Mar 5, 2021

his Complaint against EA alleging that an online, in- 25 game feature called Ultimate Team Packs, which is present in a number of EA’s games, qualifies … Courts have 25 established that incorporation of arbitration rules—to include the AAA rules—into a contract 26 constitutes clear and unmistakable

Winston v. Gipson

District Court, N.D. California · Mar 20, 2023

° The court’s finding that Defendants are entitled to summary judgment as a matter of law 28 as to Plaintiffs claims obviates the need to address their alternative arguments regarding an entitlement to qualified … immunity.

Paychex Advance LLC v. Deploy HR, Inc.

District Court, N.D. California · Dec 2, 2022

Deploy contends that Epstein intentionally misled it by sending that email and certificate – 20 which was not clearly marked as a draft – to convey that specific coverage had been secured for 21 Deploy by PEI when it … partial summary judgment, arguing that disputes of material fact 13 preclude full or partial summary judgment because: (i) Paychex has failed to establish

Smith v. Keurig Green Mountain, Inc.

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

The 2 Settlement Agreement sets minimum standards to ensure the visibility of the qualifying statement. 3 Id. … Second, she must establish that at least one 21 of the bases for certification under Rule 23(b) is met.

Gastelum v. Blue Diamond Hospitality LLC

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

To be clearly erroneous, a decision must strike us as more 11 than just maybe or probably wrong; it must be dead wrong.”) … Indeed, Gastelum failed to “make a showing sufficient to establish the 14 existence of an element essential to [. . .]

Rasmussen v. Tesla, Inc.

District Court, N.D. California · Jun 21, 2022

The Settlement Agreement was negotiated by experienced, well-qualified counsel 21 and with the active involvement and assistance of neutral, well-qualified mediators; 22 b. … final approval of the Settlement and their request for 9 attorneys’ fees and costs, finds the award of attorneys’ fees and costs appropriate and reasonable, 10 and the Court notes that the class notice specifically and clearly

Bendis v. Singer

District Court, N.D. California · May 29, 2020

The bribed coach would bypass other qualified student-athlete 3 17 || candidates and insert Singer’s candidates into the athletic “slots” even though Singer’s applicants 18 did not “qualify as persons excelling … Plaintiffs thus have 5 || not established that they suffered from an injury-in-fact.

Swafford v. Int'l Bus. Machs. Corp.

383 F. Supp. 3d 916 · District Court, N.D. California · Apr 17, 2019

managers," which provides: Conditions that may lead to an adjustment include the need to correct errors or the need to balance with employee's contribution to the success of a large sales transaction (which criteria must be clearly … Commissions can qualify as wages under California Labor Code § 221, but as the court noted in Kemp , "the right of a salesperson or any other person to a commission depends on the terms of the contract for compensation."

Myers v. UCSF Medical Center

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

pauperis, courts must engage in screening and dismiss any claims which: 15 (1) are frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek 16 monetary relief from a defendant who is immune … If Myers files an amended 13 complaint, he is encouraged to set forth the relevant factual allegations in the order they occurred 14 || in short, numbered paragraphs, and then to include clearly labeled sections

Cooper v. Wells Fargo Bank, N.A.

District Court, N.D. California · Sep 25, 2020

Cooper to submit documents to see if she qualified for a Home Preservation 17 program but, “[b]efore Plaintiff could gather and submit the documents [requested for 18 consideration in the program], WELLS FARGO recorded … Here, even if 6 the SPOC was mistaken about the current status of the foreclosure alternative, Wells has now 7 clearly denied her relief. At the hearing, Ms.