Case law

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  • Oracle America, Inc. v. Google Inc.

    872 F. Supp. 2d 974 · District Court, N.D. California · May 31, 2012

    To attempt to establish such a line in this report written in 1978 would be futile .... … The circumstances are clearly different here. Sega’s key appears to be functional. It consists merely of 20 bytes of initialization code plus the letters S-E-G-A.

    Cited 12 timesPublished
  • Vasquez v. Cebridge Telecom CA, LLC

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

    “The plaintiff, as the party invoking federal 24 jurisdiction, bears the burden of establishing these elements,” which at the pleadings stage means 25 “clearly . . . alleg[ing] facts demonstrating each element.” … 9 protector plan under which Citibank agreed to defer or credit certain amounts on her credit card 10 account when certain qualifying events took place (e.g., long-term disability, unemployment). 2 11 Cal. 5th

    Cited 0 timesUnknown
  • Serving Seniors Care, Inc. v. Serratore-Rebong Group of Companies Corp

    District Court, N.D. California · Sep 15, 2023

    Plaintiffs counter by explaining that there are different types of 1099s, and that 1099-NEC 16 which relates to miscellaneous income qualifies as an information return. 17 Indeed, defendant’s grouping of 1099 … Rather, the amended complaint clearly states that plaintiff Heck did not receive 24 nonemployee compensation that would warrant such filings, and that defendant did so in 25 willful retaliation.

    Cited 0 timesUnknown
  • Chalmers v. Cayne

    District Court, N.D. California · Oct 3, 2025

    “Judgment on the pleadings is proper when 6 the moving party clearly establishes on the face of the pleadings that no material issue of fact 7 remains to be resolved and that it is entitled to judgment as a matter of … [or] [t]he sharing 12 of gross returns does not by itself establish a partnership.”).

    Cited 0 timesUnknown
  • In re Google RTB Consumer Privacy Litigation

    District Court, N.D. California · Feb 6, 2023

    adopting the “primary 26 purpose” test for dual-purpose communications). 27 The attorney work product doctrine protects from discovery materials that are prepared by 1 doctrine provides qualified … June 18, 2012). 8 A party claiming that a document or information is privileged or protected from disclosure 9 has the burden to establish that the privilege or protection applies.

    Cited 0 timesUnknown
  • Purnell v. City of Sunnyvale Police Department

    District Court, N.D. California · Jul 8, 2020

    Purnell stated clearly and repeatedly at her 11 deposition that she did not know who attacked her at the Santa Clara County Jail, she cannot now 12 claim that she has personal knowledge that Officers Reis and Cheng … Purnell does not have sufficient evidence to show the elements of her claims against Officers 3 || Reis and Cheng at trial, the Court need not address the arguments regarding qualified immunity. 4 IV.

    Cited 0 timesUnknown
  • Tinoco v. Belshe

    916 F. Supp. 974 · District Court, N.D. California · Oct 30, 1995

    The household would have qualified for AFDC but for the fact that their monthly SDI income was over the AFDC limit. … This version of the regulation clearly supports plaintiff’s position.

    Cited 2 timesPublished
  • Environmental Protection Information Center, et al. v. Alicia Van Atta, et al.

    District Court, N.D. California · Dec 22, 2025

    . § 402.02 clearly defined action areas as “all areas to be 18 affected directly or indirectly by the Federal action and not merely the immediate area involved in 19 the action.” Id. at 17–18. … Plaintiffs 19 argue that qualified counsel was not available at the EAJA rate.

    Cited 0 timesUnknown
  • Moore v. Thomas

    653 F. Supp. 2d 984 · District Court, N.D. California · Aug 27, 2009

    Harris, 550 U.S. 372 , 127 S.Ct. 1769, 1776-77 , 167 L.Ed.2d 686 (2007) (police officer entitled to summary judgment based on qualified immunity in *991 light of video evidence capturing plaintiffs reckless driving in attempting … As mentioned in the Court’s previous orders, the Northern District of California has established a Pro Se Prisoner Settlement Program.

    Cited 5 timesPublished
  • Liao v. Fisher Asset Management, LLC

    District Court, N.D. California · Sep 30, 2024

    As a benefit of his employment, he was a 19 participant in Fisher’s 401(k) Plan, a tax-qualified ERISA-regulated defined contribution plan. Id. 20 ¶¶ 4, 7. … “Unlike rule-established judicial notice, incorporation-by- 10 reference is a judicially created doctrine that treats certain documents as though they are part of 11 the complaint itself.” Id. at 1002.

    Cited 0 timesUnknown
  • Cammas

    District Court, N.D. California · Sep 7, 2026

    Dist., 45 Cal. 4th 88, 102 (2008). 15 Nothing here qualifies. … Under the delayed- 5 accrual approach, the FAC itself establishes inquiry notice more than two years before the 6 November 28, 2025, filing.

    Cited 0 timesUnknown
  • Gilton v. City and County of San Francisco

    District Court, N.D. California · Feb 8, 2024

    Fabrication of Evidence 5 “[T]here is a clearly established constitutional due process right not to be subjected to 6 criminal charges on the basis of false evidence that was … SAC ¶ 51; Oppo. 16:18-20. 15 This qualifies as circumstantial evidence sufficient to allege deliberate fabrication by the 16 individual defendants. See Bradford, 803 F.3d at 386.

    Cited 0 timesUnknown
  • Juarez v. Social Finance, Inc.

    District Court, N.D. California · Dec 15, 2022

    Second, it must establish that at least one of 8 the bases for certification under Rule 23(b) is met. … A cy pres award must qualify as “the next best distribution” to giving the funds to 10 class members. Dennis, 697 F.3d at 865.

    Cited 0 timesUnknown
  • Bohnert v. Roman Catholic Archbishop of San Francisco

    136 F. Supp. 3d 1094 · District Court, N.D. California · Sep 25, 2015

    These’job duties do not establish that Bohnert served as'a minister. … This is clearly not the law. Elvig I is the law, and its reasoning appliés to this case.

    Cited 5 timesPublished
  • In re Clean Water Act Rulemaking

    District Court, N.D. California · Dec 7, 2021

    Relying on these opinions, the order explained that our 17 court of appeals’ “holding that even a flawed rule need not be vacated supports the corollary 18 proposition that a flaw need not be conclusively established … This comes into play 12 when we balance the hardships. 13 This order finds that intervenors have not clearly demonstrated serious irreparable harm 14 absent a stay.

    Cited 0 timesUnknown
  • United States v. Ailemen

    986 F. Supp. 1228 · District Court, N.D. California · Oct 24, 1997

    Iheukwu went into this money order establishment twice, while Ailemen remained in the car. … Since she had agreed to cooperate in the earlier case, there was at least some possibility that, with an offer of immunity, she might have agreed to cooperate with the 1993 OCDETF team.

    Cited 4 timesPublished
  • I.B. ex rel. Fife v. Facebook, Inc.

    905 F. Supp. 2d 989 · District Court, N.D. California · Oct 25, 2012

    Section 6710 clearly provides that “a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards,” reflecting the principle that the power of avoidance is personal to the minor … American Express Publishing, Inc., 147 Cal.App.4th 224 , 54 Cal.Rptr.3d 91 (2007), in süpport of its argument that California courts have consistently held that intangible interests do not qualify as “goods” under the CLRA

    Cited 11 timesPublished
  • Sudhof

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

    2 According to the complaint, Cell Biotech is a Chinese corporation “dedicated to the 3 research, development, application, and promotion of stem cell technology and immune … Motions to strike are 15 generally disfavored and “should not be granted unless the matter to be stricken clearly could have 16 no possible bearing on the subject of the litigation.” Platte Anchor Bolt, Inc. v.

    Cited 0 timesUnknown
  • Hadley v. Kellogg Sales Co.

    243 F. Supp. 3d 1074 · District Court, N.D. California · Mar 21, 2017

    This guidance clearly indicates that a link between fiber and cholesterol is essentially a link to heart' disease. … the criteria and shall clearly refer to all foods of that type ...

    Cited 78 timesPublished
  • Palomares v. Astrue

    887 F. Supp. 2d 906 · District Court, N.D. California · Aug 13, 2012

    Ho’s opinion “would clearly result in a finding that [he] was disabled.” Reply at 5. However, given that Dr. … Palomares was not taking his prescribed medications because he could not afford them without insurance and does not qualify for Medi-Cal. AR 302.

    Cited 6 timesPublished

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