Case law

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

Spectrum Scientifics, LLC v. Celestron Acquisition, LLC

District Court, N.D. California · Nov 29, 2022

The 11 doctrine provides qualified protection against discovery of the legal strategies and mental 12 impressions of a party’s counsel. Hickman v. … Cal. 2015) (“Briefs, declarations or other 4 proof may establish the purpose of the communication or the specific role of the sender and each 5 individual recipient.”).

Hightower v. Celestron Acquisition, LLC

District Court, N.D. California · Nov 29, 2022

The 11 doctrine provides qualified protection against discovery of the legal strategies and mental 12 impressions of a party’s counsel. Hickman v. … Cal. 2015) (“Briefs, declarations or other 4 proof may establish the purpose of the communication or the specific role of the sender and each 5 individual recipient.”).

Wayne v. Maxeon Solar Technologies, Ltd.

District Court, N.D. California · Oct 18, 2024

The Faruqi firm has 8 provided evidence sufficiently establishing that it is qualified and has significant experience 9 litigating securities fraud. … The 2 filing of competing motions ‘clearly evidence[s]’ lack of cohesion.

Abhyanker v. United States Patent & Trademark Office

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

An agency bears the burden of establishing that an 26 exemption applies. Lahr v. Nat’l Transp. … “If the affidavits contain reasonably detailed descriptions 6 of the documents and allege facts sufficient to establish an exemption, the district court need look 7 no further” and may grant summary judgment to the

Briggs v. Blomkamp

70 F. Supp. 3d 1155 · District Court, N.D. California · Oct 3, 2014

While these resolutions may be “global” and even “significant,” they are clearly not similar. … Defendants have established that Mr. Rovin is “qualified as an expert by knowledge, skill, experience, training, or education.” Fed.R.Evid. 702. Mr.

Drevaleva v. McDonough

District Court, N.D. California · Oct 26, 2022

Plaintiff’s claims 24 were dismissed with prejudice under § 1915 as barred by judicial immunity. Drevaleva v. Alsup, 25 No. 21-cv-05348-LB, 2021 WL 3777122 (N.D. Cal. Aug. 9, 2021); Drevaleva v. … Turtle Island, 673 F.3d at 24 918. 25 Plaintiff’s case clearly arises “out of the same transactional nucleus of facts” as her past 26 cases.

Sanderson v. Whoop, Inc.

District Court, N.D. California · Mar 7, 2025

Being forced 23 to pay money for what should be considered a gift must qualify as an injury.”). 24 25 … Mar. 14, 2024) (“Section 17603 states that Plaintiffs shall not be liable for qualifying 27 unconditional gifts,” which “permits Plaintiffs

Dixon v. Partida

District Court, N.D. California · Sep 13, 2022

review, the court must identify any cognizable claims and dismiss any claims 22 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 23 monetary relief from a defendant who is immune … Mariano stated that he 2 could not effectively treat Plaintiff while Plaintiff was housed at SVSP because he required 3 qualified nursing staff to examine Plaintiff.

Palafox v. Saul

District Court, N.D. California · Aug 18, 2023

ALJ concluded Plaintiff’s testimony, the evidence of record, and the opinion evidence did not 19 support a finding of disability prior to the established … . at 25 26 7 By contrast, in the prior March 2015 decision, the ALJ clearly

Aristocrat Technologies Australia PTY Ltd. v. International Game Technology and IGT

491 F. Supp. 2d 916 · District Court, N.D. California · Jun 13, 2007

Section 282(4) clearly references “[ajny other fact or act made a defense by this title” as an invalidity defense that must be pleaded. 35 U.S.C. § 282 (4). … If a given application qualifies as a continuation, continuation-in-part, or divisional application, it may be entitled to the effective filing date of a prior application under Section 120. 35 U.S.C. § 120 .

Washington v. Pacific Credit Exchange

District Court, N.D. California · Sep 20, 2021

No consumer credit contract was established. [12 CFR § 1026.61 (a), (12)] 5. … PACIFIC CREDIT EXCHANGE furnishes documents, for an 7 alleged debt, that clearly shows no contract, agreement or authorization was given to them for such collection attempt.

Skinner v. Medivators, Inc.

District Court, N.D. California · Sep 28, 2022

“To 25 accomplish this, the defendant must clearly set forth, through the introduction of admissible 26 evidence, the reasons for the [employment decision].” Burdine, 450 U.S. at 255. … Plaintiff is a member of a protected group by virtue of her age and sex, 16 and was qualified for her job given she was a top sales representative.

Wimberly v. Cuevas

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

As the courts have well established, the prohibition of disrespectful language, in accord with established precedent, vitiating qualified 13 immunity in subquent [sic] 42 U.S.C. §1983 Civil action. … The court will grant summary judgment “against a party who fails to 5 make a showing sufficient to establish the existence of an element essential to that party’s case, and 6 on which that party will bear the burden

Costanzo v. DXC Technology Company

District Court, N.D. California · Dec 14, 2021

In 25 Wochos, the Ninth Circuit stated that “in order to establish that a challenged statement contains non- 26 … See In re Immune Response Sec. Litig., 375 F. Supp. 2d 983, 23 1019 (S.D. Cal. 2005) (relating to reporting of “statistically flawed” results); Atlas v. Accredited 24 Home Lenders Holding Co., 556 F.

Goceri v. Amazon.Com, Inc.

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

But the uncertainty over 4 which set of rules is referenced in the parties’ agreement prevents this Court from concluding that 5 Amazon has satisfied its burden under Washington law to establish the incorporation of … This broad language clearly covers plaintiffs’ claims, 12 which specifically invoke and allege breach of plaintiffs’ agreement with Amazon.

California by and through Becerrav. U.S. Dep't of the Interior

381 F. Supp. 3d 1153 · District Court, N.D. California · Mar 29, 2019

Jan. 9, 2007) (citations omitted, alterations in orig.). 7 There are no strict prerequisites that must be established prior to qualifying for amicus status; an individual seeking to appear as amicus must merely make a showing … As discussed more fully above, the ONRR violated clearly established Supreme Court precedent requiring an agency to provide a reasoned explanation for disregarding and contradicting facts and circumstances underlying the

Muhmoud v. City Of San Jose

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

VTA Mot. 6. 7 Section 1983 provides a cause of action against any “person” who, under color of law, 8 deprives any other person of rights, privileges, or immunities secured … Servs. of City of New York, 436 U.S. 658, 695 (1978). 10 Although a municipality qualifies as a “person” under § 1983, a municipality cannot “be held 11 liable under § 1983 on a respondeat superior theory.”

M.D. v. Google LLC

District Court, N.D. California · Sep 23, 2025

and class members provided protected health information 6 to BlueChew for the purpose of obtaining medical treatment, including providing responses to a 7 “medical profile” questionnaire to determine whether they qualify … In contrast to the 2 earlier versions, the version of BlueChew’s Privacy Policy that appeared on August 16, 2024, 3 clearly stated that BlueChew would use the “Meta Pixel” to “keep track of what users do after they

Ahmed v. Wormuth

District Court, N.D. California · Feb 28, 2023

ECF No. 19 at 6-7. 14 To establish a prima facie case of discrimination, the plaintiff must show that: “(1) he 15 belongs to a protected class; (2) he was qualified for the position … He also pleads that he applied for 11 positions and 13 was interviewed for only 1 and notes that he was not transferred to the Arabic Department despite 14 being qualified. Id.