Case law

Muhammad v. Mendez

District Court, N.D. California · Sep 27, 2023

The court must identify any cognizable claims, and dismiss any claims which 14 are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary 15 relief from a defendant who is immune … Id. at 4-5. 2 It is well established that prisoners enjoy a First Amendment right to send and receive 3 mail. See Witherow v. Paff, 52 F.3d 264, 265 (9th Cir. 1995) (citing Thornburgh v.

Skidmore v. Lizarraga

District Court, N.D. California · Jan 9, 2020

denying his claims necessarily involved an unreasonable application of clearly 27 established federal law” pursuant to § 2254(d). … As noted above, Petitioner claimed in his amended petition and the briefing 26 thereon that the state court’s denial of Claim 6 involved an unreasonable application of clearly 27 established federal law under § 2254

Randle v. Contra Costa County Sheriff's Department

District Court, N.D. California · May 28, 2024

Jail policy is not federal law. 1 (ECF No. 1 at 3), but Plaintiff has failed to allege facts that, if true, would establish his placement 2 in solitary confinement violated his due process rights. … Carey, 353 F.3d 750, 755 (9th Cir. 2003). 18 Plaintiff does not allege if he was a pretrial detainee or a convicted inmate at the time he 19 was in solitary confinement.2 Also, he does not allege clearly the

Saddozai v. Atchley

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

The Court found that the Office of Appeals granted the grievance 9 because the record “failed to establish by preponderance of the evidence that all available 10 policies were followed.” Dkt. No. 40 at 7. … Defendant is advised that summary judgment cannot be granted, nor 19 qualified immunity found, if material facts are in dispute.

Golden v. Microsoft Corporation

District Court, N.D. California · Mar 29, 2024

Golden, “Microsoft never clearly communicated the findings of this 11 investigation or the precise reasons for [his] termination” to him. Id. ¶ 31. 12 On these allegations, Mr. … of the plaintiff to establish a cause of action against the non- 21 diverse party in state court.”

Zoom Electric, Inc. v. International Brotherhood of Electrical Workers, Local 595

989 F. Supp. 2d 912 · District Court, N.D. California · Feb 8, 2013

According to this system, the contractor must first hire a Union worker, then may hire the contractor’s own qualified worker through a referral from the Union, then may hire a second Union worker, then a second of the contractor … The PLA also establishes a “grievance arbitration procedure.” See id. at Art. XII.

In Re National Security Agency Telecommunications Records Litigation

483 F. Supp. 2d 934 · District Court, N.D. California · Jan 18, 2007

Put simply, the test for complete preemption “is whether Congress clearly manifested an intent to convert state law claims into federal-question claims.” Ansley v. Ameriquest Mortg. … The Court further observed that federal issues posing pure questions of law whose resolution “would be controlling in numerous other cases” are more likely to qualify as substantial federal issues for purposes of § 1331.

PTC Therapeutics, Inc. v. AcureX Biosciences Corporation, et al.

District Court, N.D. California · Feb 9, 2026

A plaintiff “must ‘clearly 13 refer to tangible trade secret material’ instead of referring to a ‘system which potentially qualifies 14 for trade secret protection.’” Imax Corp. v. … These 17 conclusory statements do not indicate any specific, tangible trade secret material possessed by Drs. 18 Shrader or Pintchovski, but rather point to a “system which potentially qualifies for trade secret 19

Cape v. San Jose Police Department

District Court, N.D. California · Aug 1, 2025

Cape’s § 1983 Claims and the Heck Doctrine 5 Section 1983 “provides a cause of action for ‘the deprivation of any rights, privileges, or 6 immunities secured by the Constitution and laws’ of the United … Cape’s complaint alleges that officers violated his Fifth Amendment rights by 11 continuing to question him during the traffic stop, even though he “clearly stated that [he] did not 12 want to answer any questions without

Pumphrey v. Battles

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

As in Adams, Pumphrey II clearly shares a transactional nucleus of facts with 18 Pumphrey I. … Pre-existing Substantive Legal Relationship 21 The Supreme Court has explained that qualifying “pre-existing substantive legal 22 relationships” include “preceding and succeeding owners of property,

Caldwell v. City of San Francisco

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

Caldwell sufficiently rebutted any presumption and has 4 established a triable issue as to causation.” Id. at 1116. … Analysis 10 “[T]here is a clearly established constitutional due process right not to be subject to 11 criminal charges on the basis of false evidence that was

Melo v. Zumper, Inc.

District Court, N.D. California · Jan 28, 2020

Moreover, in regard to business records submitted with an affidavit, “i]t is well established that employees who are familiar with the record-keeping practices of a business are qualified to speak from personal knowledge … Nader, 549 F.3d at 963 (“It is well established that employees who are familiar with the record-keeping practices of a business are qualified to speak from personal knowledge that particular documents are admissible business

Iconix, Inc. v. Tokuda

457 F. Supp. 2d 969 · District Court, N.D. California · Sep 26, 2006

In *982 addition, as Vice President of Engineering Tokuda managed the entire engineering department, “establish[ing] the overall objectives and initiatives” of that department. Id. … Whether a particular component of a program is protected by a copyright depends on whether it qualifies as an ‘expression’ of an idea, rather than the idea itself.”).

Choudhuri v. Specialized Loan Servicing

District Court, N.D. California · Sep 26, 2023

causes of action, which she groups into four “counts.”1 Mindful that Choudhuri 6 is pro se, the Court will again construe the first amended complaint to plead claims for each of the 7 statutes, regulations, and torts clearly … Choudhuri alleges that these qualified written requests were never 11 answered. ECF No. 17 at 4.

Castillo v. Cleannet USA, Inc.

358 F. Supp. 3d 912 · District Court, N.D. California · Dec 18, 2018

But a law established for a public reason cannot be contravened for a private reason." Id. (quoting Cal. Civ. Code § 3513 ). … Because the language quoted above does not clearly state what the 180-day requirement relates to, it could be interpreted in a number of ways.

Kong v. Fluidigm Corporation

District Court, N.D. California · Aug 4, 2021

2 (Dkt. 39-2 at 85). 14 The cautionary statements used by defendants are almost identical to language 15 approved by the Ninth Circuit in instances in which forward-looking statements were 16 immunized … A 25 complaint relying on CW testimony to establish scienter must satisfy a two-part test to 26 meet the PSLRA pleading requirements: (1) CWs must be described with sufficient 27 particularity to establish reliability

Future Energy Group, LLC, dba Future Energy v. ChargePoint, Inc.

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

Customer lists may 15 qualify as trade secrets under this definition. … Id. at 1521. 23 Nonetheless, not every alleged customer list qualifies as a trade secret.

FBC Mortgage, LLC v. Broker Solutions, Inc

District Court, N.D. California · Oct 9, 2024

In awarding reasonable attorneys’ fees, the court 26 “must strike a balance between granting sufficient fees to attract qualified counsel . . . and 27 avoiding a windfall to counsel.” Moreno v. … As stated above, Plaintiff has established by competent evidence 16 that Defendants’ obstructionism caused Plaintiff to utilize 102.7 hours in connection with multiple 17 efforts to compel the discovery responses in

George v. Diaz

District Court, N.D. California · May 19, 2020

The court must identify any cognizable claims, and dismiss any claims which are 26 frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief 27 from a defendant who is immune … been served with process in this action. 6 Federal Rule of Civil Procedure 65(b)(1) provides that a TRO can issue without notice to adverse 7 party only if “specific facts in an affidavit or a verified complaint clearly

Rockymore v. Eurofins Donor & Product Testing, Inc.

District Court, N.D. California · Apr 20, 2022

But, to establish this sort of liability, the actions must “establish a 4 widespread pattern of bias.” … July 24, 2017) (holding that the law 27 does not clearly establish such claims are preempted); Macias v. Levy Premium Foodservices Ltd. 1 Charles v. ADT Sec. Servs., No.