Case law

UnifySCC v. Cody

District Court, N.D. California · Jan 15, 2025

Involuntary and indefinite unpaid leave, Plaintiffs 22 say, qualifies as an adverse employment action. Id. Defendants vehemently protest Plaintiffs’ 23 argument. … Neither side clearly addresses the governing Establishment 27 Clause standard, although Defendants briefly state that “historically, providing ‘preferential 1 at 9.

Averza v. Super Micro Computer, Inc.

District Court, N.D. California · Jun 26, 2025

But 13 allowing Universal to challenge Crain Walnut on grounds not clearly contemplated by the Court’s 14 discovery authorization does not risk harassment. … Crain an economist qualified to opine about the causes 22 of market fluctuations.

Whitaker v. Peet's Coffee, Inc.

District Court, N.D. California · Oct 11, 2022

In those circumstances, the plaintiff’s injury is ongoing—establishing standing—because they would like to return to the accommodation but cannot. See id. … As such, Peet’s does not qualify as a prevailing party, so its request for fees under the ADA is denied. Cf. CRST Van Expedited, Inc. v.

Ehrlich v. Hartford Life and Accident Insurance Company

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

On April 26, 2019, Defendants 8 informed Plaintiff that he was “totally disabled” and qualified for LTD benefits under the stricter, 9 “any reasonable occupation” standard of disability based on the independent medical … See ECF No. 83 at 7–12. 8 Defendants contend that the appropriate remedy is to remand Plaintiff’s LTD claim for 9 further administrative review because “the record contains no evidence clearly establishing

Cisco Systems, Inc. v. Dexon Computer, Inc.

District Court, N.D. California · Oct 3, 2023

In that event, Dexon would not have to take any 5 action—and clearly, the injunction would not qualify as “mandatory.” … Balance of the Equities 15 The balance of the equities clearly favors Cisco.

Ibarra v. Martin O'Malley

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

The ALJ found that “the 22 evidence establishes the SSI Applicant does not own the property he initially reported he owned in 23 Mexico. … The Court further instructed that “plaintiff shall clearly articulate what claims 6 for relief (causes of action) he is bringing. . . .

Volle v. Sherwin Petroleum, Inc.

District Court, N.D. California · Jan 16, 2020

The district court must 3 strike a balance between granting sufficient fees to attract qualified counsel to civil rights 4 cases and avoiding a windfall to counsel. … He has established his rate “for 22 administrative tasks and data entry” at $90/hour. Id. at 18 n.6.

Metro Publishing, Ltd. v. San Jose Mercury News, Inc.

861 F. Supp. 870 · District Court, N.D. California · Jan 25, 1994

The nonmoving party must “make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” … However, the racks used by each party are quite different in color, and clearly describe their contents.

Frank

District Court, N.D. California · Jul 14, 2026

The Deliberative Process Privilege 3 To qualify for protection under the deliberative process privilege, a document must be both 4 (1) “predecisional,” that is, “generated before to the adoption … But that information is clearly stated at the beginning of the interview notes 3 15 for each witness, which list the individuals present at each interview. See Ashley Supp. Decl., Ex. a 16 || A.

Mula v. Mula-Stouky

District Court, N.D. California · Oct 10, 2023

The Court 13 found that given the way Paul Jr.’s claims were framed, they were not clearly barred by the 14 Rooker-Feldman doctrine. … Paul Jr. relies on ejusdem generis, a latin phrase meaning “of 14 the same kind” which is codified in California Civil Code § 3534, providing that “[p]articular 15 expressions qualify those which are general.”

White v. United States Army Corps of Engineers

District Court, N.D. California · Oct 23, 2023

(cleaned up). 12 The parties dispute what level of threat is necessary to qualify as “irreparable harm.” 13 Defendants assert harm must be measured at the species level rather than assessing … Carlton, 626 F.3d 462, 475 (9th Cir. 2010) (“[T]he district court did not clearly err in 16 finding that the economic stakes, in combination with the safety concerns and reforestation efforts, 17 outweighed any harm

Melendez v. City of Mountain View

District Court, N.D. California · Nov 17, 2021

FAC ¶ 52. 21 Clearly, Sergeant Reed can be held liable for his own personal involvement in the alleged 22 constitutional violations. … “[A] 24 municipality is immune from punitive damages under 42 U.S.C. § 1983.” City of Newport v. Fact 25 Concerts, Inc., 453 U.S. 247, 271 (1981).

In re: PG&E Corporation

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

A.B. 1054 § 1(a). 6 For the Debtors to qualify for the Go-Forward Wildfire Fund, however, A.B. 1054 7 required, among other things, the Debtors to obtain an order from the Bankruptcy Court 8 confirming a plan … But that principle from civil litigation does not apply here, and the controlling cases cited above 27 clearly establish the standard in bankruptcy

Verizon California Inc. v. OnlineNIC, Inc.

647 F. Supp. 2d 1110 · District Court, N.D. California · Jul 27, 2009

Ninth Circuit precedent establishes that the Falk factors are disjunctive, meaning that if evidence of one factor is present, a court is under no obligation to consider evidence with respect to the other factors. … As such, OnlineNIC does not qualify for protection under the Anticybersquatting Consumer Protection Act’s (“ACPA”) safe harbor provision, which exempts a domain name registrar from liability resulting from its registration

Pennington v. Tetra Tech, Inc.

District Court, N.D. California · Dec 23, 2024

“A witness who is qualified as an expert by knowledge, skill, 9 experience, training, or education may testify in the form of an opinion or otherwise if the 10 proponent demonstrates to the court that it is more likely … To obtain certification, plaintiffs must establish that the 24 essential elements of their causes of action “are capable of being established through a common 25 body of evidence, applicable to the whole class.”

Lopez v. Regents of University

5 F. Supp. 3d 1106 · District Court, N.D. California · Dec 10, 2013

Gov. of Davidson County, 32 F.Supp.2d 991, 1000 (M.D.Tenn.1998) (“However, it is well-established that a parent, as next of friend, has standing to assert a claim under Title IX.”). … As a result, Title IX has clearly been construed by the relevant federal agencies as extending to the housing “benefits” supplied by a federal funds recipient.

GPNE Corp. v. Apple Inc.

108 F. Supp. 3d 839 · District Court, N.D. California · Jun 9, 2015

The testimony does not establish that GPRS is independent of all telephone networks, such as GSM. Dr. … Rysavy testified as to the complexity of defining “randomly generated information” in the abstract, he was clearly able to identify that same randomly generated information in the GSM prior art.

Mofrad v. United Parcel Service, Inc.

District Court, N.D. California · Aug 11, 2025

But that claim fails more clearly on the absence of causal 20 connection. … To establish a reasonable accommodation 23 claim, an employee must establish that (1) he had a cognizable disability under FEHA, (2) he was 24 qualified to perform the essential functions of his position, and (3) the

Cisneros v. Robertson

District Court, N.D. California · Apr 11, 2022

A petitioner may show cause by establishing constitutionally 19 ineffective assistance of counsel, but attorney error short of constitutionally ineffective assistance 20 of counsel does not constitute cause and will … Ray, 333 F.3d 938, 943 (9th Cir. 2003). 27 Negligence on the part of a prisoner’s post-conviction counsel does not qualify as cause because 1 266, 132 S. Ct. 912, 914 (2012).

Conso v. City of Eureka

District Court, N.D. California · Feb 10, 2022

See id. at ¶¶ (a) and (d); see also Headwaters Forest Def. v. 4 Cnty. of Humboldt, 276 F.3d 1125, 1130 (9th Cir. 2002) (“Defendants’ repeated use of pepper 5 spray was also clearly unreasonable . . . the use of pepper … Thus, it is well established that merely alleging a few random acts or 6 isolated incidents of unconstitutional action by non-policymaking employees or officers are 7 insufficient to establish the existence of a municipal