Case law

Riley v. Quantumscape Corp.

District Court, N.D. California · Feb 2, 2023

Gorman was 5 and is obviously qualified to be admitted under that program.” … Gorman was sufficiently qualified for the OSAAC program. 27 b.

Lone v. United States

299 F. Supp. 855 · District Court, N.D. California · Apr 28, 1969

United States, supra, is retroactive, its effect must be clearly defined. Death penalties actually imposed are invalid if they fall within the infirmity announced in Jackson. … THE COURT: And has anybody made any threats against you or offered you any promises or immunities to make this plea? DEFENDANT LONE: No, sir.

Jackson v. Villasenor

District Court, N.D. California · Jun 28, 2021

review the court must identify any cognizable claims, and dismiss any 5 claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or 6 seek monetary relief from a defendant who is immune … There is a “clearly established due process right not to be subjected to 10 criminal charges on the basis of false evidence that was deliberately fabricated by the 11 government.” Devereaux v.

In Re: MacBook Keyboard Litigation

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

“Where the material 16 elements of the device at issue are clearly the same among the class, the Ninth Circuit has found 17 that the question ‘is there a defect?’ … Conversely, “when the 23 relevant components of a device differ, it is difficult to establish commonality because proof that 24 one device is defective may not lend itself to establishing that another device is defective

In re: Anthony Scott Levandowski

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

Effectively the bankruptcy court would have to take as conclusively 13 established any line-item submitted on a return, even if that line-item were clearly erroneous, 14 which further contradicts that section 505 permits … The Court does not imply that the debtor acted in bad faith in order to avoid the 1 wealth, clearly realized, and over which the taxpayers have complete dominion.”

Phigenix, Inc. v. Genentech Inc.

238 F. Supp. 3d 1177 · District Court, N.D. California · Feb 24, 2017

The 2005 provisional application is titled “Targeting PAX2 for the Induction of DEFBl-Medi-ated Tumor Immunity as a Therapy for Cancer.” Ex. 4 to Chiwis Decl. … “[fjunctionally defined genus claims can be inherently vulnerable to invalidity challenge for lack of written description support, especially in technology fields that are highly unpredictable, where it is difficult to establish

Harris v. Atchley

District Court, N.D. California · Mar 1, 2022

review the court must identify any cognizable claims, and dismiss any 5 claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or 6 seek monetary relief from a defendant who is immune … A dispute qualifies for this exception “if (1) the challenged 21 action is in its duration too short to be fully litigated prior to its cessation or expiration, and (2) 22 there is a reasonable expectation that the

In re VNGR Beverage, LLC Litigation

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

Second, it must establish that at least one of 17 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 3 class members. Dennis, 697 F.3d at 865.

Majo v. Sony Interactive Entertainment LLC

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

Robins Co., 697 F.2d 880, 1 the matter to be stricken clearly could have no possible bearing on the subject of the litigation. … qualified for the position, (3) she experienced an adverse employment action, and (4) similarly 7 situated individuals outside the protected

Klink v. ABC Phones of North Carolina, Inc.

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

This email established that Ms. … In other words, these screenshots establish that Ms.

ESC-Toy Ltd. v. Sony Interactive Entertainment LLC

District Court, N.D. California · Jan 30, 2023

Bd. of Supervisors, 2 Cal. 5th at 297, and ESC bears the burden of 6 establishing that connection. See Costco, 47 Cal. 4th at 733. … July 8, 2008) 13 (“A declaration drafted by an attorney is ‘clearly work product right up until the moment it [is] 14 filed,’ and could easily reveal the same thought processes as a summary or memorandum of a 15

Tannous v. Social Security Commissioner

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

While claimants must carry the burden of demonstrating that they qualify for benefits, the law does not leave them entirely to their own 20 devices; as such, lapses and omissions in pleading or procedure cannot be … An impairment is non-severe at step two only if the evidence establishes 6 a slight abnormality that has only a minimal effect on an individual’s ability to work. Smolen, 80 7 F.3d at 1290.

Ecological Rights Foundation v. Pacificorp

District Court, N.D. California · Jun 26, 2024

A unit that performs auxiliary functions and is located physically separate from the establishment or 9 establishments served is treated as a separate establishment. … “An establishment is not necessarily identical with the enterprise 18 (company) which may consist of one or more establishments.” Id. at 84.

LMC Vineyards, LLC v. Allied World National Assurance Company

District Court, N.D. California · Jun 20, 2025

To the contrary, Plaintiff provides the Court with a homeowner agreement laying out 8 the notices’ requirements, which are clearly different from Chapter 4’s notice requirements. … Horton establishes that a finding of the notices satisfying Chapter 4’s requirements equate to a finding that the notices are suits. D.R.

Lee v. Foris Dax, Inc.

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

The plaintiff bears the burden of establishing subject matter jurisdiction. 6 Kokkonen v. Guardian Life Ins. … Lee Has Not Exhausted Mandatory Administrative Remedies 25 FIRREA clearly applies to Lee’s claims.

Green v. Central Mortgage Co.

148 F. Supp. 3d 852 · District Court, N.D. California · Dec 1, 2015

Green also clearly alleges that she was harmed: “As a result of the confusion” created by “never [being] able to speak to a designated single point of contact” and by not being provided with “accurate information regarding … for credit; and (4) she was denied credit despite being qualified.”

Nguyen v. Elsevier Inc.

District Court, N.D. California · Jun 9, 2025

To qualify the defendant as a “video tape service provider,” their 13 business or product “must not only be substantially involved in the conveyance of video 14 content to consumers but also significantly tailored to … In response to the Complaint, Elsevier 16 claims they do not fall under regulation of the VPPA, as “Plaintiffs cannot establish that 17 Elsevier is ‘engaged in the business’ of visual services,” due to Osmosis being

Cornejo v. Tumlin

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

immunity under section 1983. … B, the “No Stopping” signs were clearly posted, Bey Decl. Ex. D, and 10 the area was visibly a construction zone, Rosenbaum Decl. Ex.

C.H. v. Brentwood Union School District

District Court, N.D. California · Jul 30, 2021

The plaintiffs alleged that they had been laid off 1 newly established benefits, such as access to training opportunities. Id. … Harrison] was not qualified to and could not be trusted to supervise middle school children.” 27 See id. ¶ 51. C.H. has not alleged that Ms. Harrison ever acted inappropriately in any way prior to 1 concerns.

Holley v. Gilead Sciences, Inc.

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

Conn. 2012) (listing Alabama as a state that “provide[s] all prescription drugs categorical 16 immunity from strict liability for design defects”); In Re Yasmin & Yaz (Drospirenone) Mktg., 17 Sales Pracs. & Prods. … They also present testimony that “scientific evidence from multiple 16 sources that accumulated from the launch of TDF in 2001 through October of 2004 clearly 17 established a reasonable probability that TDF had serious