Case law

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

Williams v. Diaz

District Court, N.D. California · Sep 15, 2021

Lastly, Defendants are entitled to qualified 1 immunity. 2 Dkt. 24 at 6-7. 3 A. … immunity.

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).

Firsov

District Court, N.D. California · Jun 23, 2026

: motions to reconsider; 11 motion for sanctions; motion to deny foreign sovereign 12 immunity … The number of suits that the plaintiff had filed was clearly high.

Sepulveda v. Alomari

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

Analysis 2 As a preliminary matter, although Defendants seem to take issue with Plaintiff’s status as a 3 disabled person, the Court finds he qualifies as a person … To meet this burden, a plaintiff must “articulate a plausible proposal for barrier removal, 8 the costs of which, facially, do not clearly exceed its benefits.”

Tripathi

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

The 14 PSLRA addressed this problem “by establishing a competitive process that a qualified, motivated 15 entrant—perhaps even one with a small personal stake—might win.” Id. … “While the PSLRA requires the court to affirmatively approve the 25 plaintiff’s choice of counsel, it also ‘clearly leaves the choice of class counsel in the hands of the 26 lead plaintiff.’”

Khan v. Madsen

District Court, N.D. California · Jun 12, 2024

review, the court must identify any 2 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 3 upon which relief may be granted or seek monetary relief from a defendant who is immune … The claims discussed above are 6 clearly not related.

Todd Johnston v. Uber Technologies, Inc.

District Court, N.D. California · Sep 16, 2019

The [Federal Arbitration] Act, [the U.S. 13 Supreme] Court has said, establishes ‘a liberal federal policy favoring arbitration agreements.’” 14 Epic Sys. Corp. v. Lewis, 138 S. … If the arbitrator determines that Plaintiff is properly classified as 16 an Uber employee—such that Plaintiff would qualify for the protections of the WARN Act—the 17 arbitrator must send the case back to this Court

Fleming v. Impax Laboratories Inc.

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

“Generally, unless the settlement is clearly inadequate, its acceptance 16 and approval are preferable to lengthy and expensive litigation with uncertain results.” … See, e.g., In re Immune 26 Response Secs. Litig., 497 F. Supp. 2d 1166, 1177 (S.D.

BJB ELECTRIC LP v. BRIDGELUX, INC.

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

Whether P.O. 0801-01 was an “order” 3 The parties first dispute whether P.O. 0801-01 qualified as an “order” under the Letter 4 Agreement. … It is unnecessary, therefore, to determine whether 9 P.O. 0801-01 technically qualified as an order.

Munoz v. Erguiza

District Court, N.D. California · Jan 7, 2020

immunity. … SVSP-HC- 3 15 ||. 17058052 clearly did not satisfy these requirements with respect to the Eighth Amendment A 16 || claim against Defendant Erguiza in this action. 17 Based on the foregoing, Defendant

IN RE ENOVIX CORPORATION SECURITIES LITIGATION

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

In contrast to the amended allegations regarding the 26 FAT, which now clearly state that the equipment never passed the FAT as of late April 2021 … “A plaintiff is not required to show that a misrepresentation was 15 the sole reason for the investment’s decline in value in order to establish loss causation. . . .

Hash v. Giacomazzi

District Court, N.D. California · Sep 30, 2025

2 immunity. … Otherwise, it is clearly undisputed 17 that Log No.

Chavez v. San Francisco Bay Area Rapid Transit District

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

The 24 mandate created exceptions for those who qualified for either medical or religious 25 accommodations. BART received 188 requests for religious exemption and 26 accommodation. … injection of “foreign biological substances” into their bodies, the 23 R&D process of the vaccine, and the alteration of a divinely-created immune

Jedrzejczyk v. Skillz Inc.

District Court, N.D. California · Jul 5, 2022

To qualify as a “strong inference,” the Supreme Court 23 has held, “an inference of scienter must be more than merely plausible or reasonable[.]” Tellabs, 24 551 U.S. at 314. … The existence of a motive is relevant, but not dispositive, to establishing scienter. See 10 Matrixx Initiatives, Inc. v.

Ochea v. Saul

District Court, N.D. California · Apr 19, 2021

On September 21, 2017, the agency denied Plaintiff’s 12 claim, finding Plaintiff did not qualify for disability benefits. AR 85. … (citing Swenson v. 7 Sullivan, 876 F.2d 683, 688 (9th Cir. 1989)). 8 The record establishes that Plaintiff is limited to light work, has reached “advanced age” 9 (55 years and older),

American Small Business League v. Small Business Administration

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

According to ASBL, such 7 subsequent production constitutes a qualifying “voluntary and unilateral change in 8 position.” … 3 Although, at the hearing on its motion, ASBL offered to provide more detailed 4 billing records to the Court, ASBL failed to do so upon receiving the SBA’s opposition, 5 || wherein the SBA clearly

Roberts v. Bloom Energy Corporation

District Court, N.D. California · Oct 31, 2023

Second, it must establish that at least one of 24 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 15 class members. Dennis, 697 F.3d at 865.

Stevens v. Aaren

District Court, N.D. California · Sep 20, 2024

In California, 9 imprisonment qualifies as a disability that tolls the statute of limitations for two years 10 when a person is “imprisoned on a criminal charge, or in execution under the sentence of a 11 criminal … incapacitated during the time at issue. 19 On the other hand, the undisputed evidence submitted by Defendants of Plaintiff’s active 20 prosecution of multiple cases in state and federal courts indicates that he was clearly

PersonalWeb Technologies LLC v. EMC Corporation

District Court, N.D. California · Jul 6, 2020

Defendants use 23 eight examples to prove their argument: (1) Plaintiff was a “phony company” established in Tyler, 24 Texas that was created to establish ties in a favorable forum to litigate infringements of the True … Seventh, opposing a discovery stay pending resolution of the Section 101 8 motion does not qualify as egregious conduct.