Case law

Lucas v. Hertz Corp.

875 F. Supp. 2d 991 · District Court, N.D. California · Jun 21, 2012

Martin argues that because, as he declares, he either was never given a copy of the folder jacket or was given it after he signed the rental agreement, he and Hertz never clearly agreed to the arbitration provision. … “A third party qualifies as a beneficiary under a contract if the parties intended to benefit the third party and the terms of the contract make that intent evident.” Karo v.

Fleming v. United States of America

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

Plaintiff alleges that her security level was 7 calculated improperly and that she has the appropriate security level to qualify for a medical 8 furlough; that FCI-Dublin has informed her that they are unable to find … likelihood of success on the merits because, as detailed in 27 Defendants’ summary judgment motion, Plaintiff has failed to exhaust administrative remedies for 1 Bivens, and defendant Park is entitled to absolute immunity

In Re Northern District of California "Dalkon Shield" IUD Products Liability Litigation

526 F. Supp. 887 · District Court, N.D. California · Nov 5, 1981

The inherent powers of the trial court in conducting a class action lawsuit clearly vest it with the authority to certify a class when such a decision is in the collective best interest of the plaintiffs. 22 As this court … Fact Concerts, Inc., — U.S. —, 101 S.Ct. 2748 , 69 L.Ed.2d 616 (1981) (municipalities are immune from punitive damages); International Brotherhood of Electrical Workers v.

Winninger v. Scott

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

The form must be “structured to maximize an applicant’s ability to complete 9 the form satisfactorily, taking into account the characteristics of individuals who qualify for 10 applicable State health subsidy programs … Section 6470, like Section 1363.1, is clearly inconsistent 27 with the ACA mandate requiring a simplified telephone enrollment option.

Prosperity Funding, Inc. v. IDC Technologies, Inc

District Court, N.D. California · Dec 21, 2021

, we 14 believe the answer clearly is that it cannot.”). … However, even if Innova’s lawsuit qualifies as a substantial contact 14 with California, IDC must also show that IDC’s interpleader and indemnity claims “arise[] out of 15 or relate[] to” Innova’s lawsuit.

Independent Living Resource Center San Francisco v. Lyft, Inc.

District Court, N.D. California · Sep 1, 2021

Plaintiffs do not establish how these measures would save costs. 4 39. … They have therefore 4 established no entitlement to relief on their claim.

U.S. Securities and Exchange Commission v. Crowd Machine, Inc.

District Court, N.D. California · Dec 5, 2023

Clearly, this outcome would not produce an equitable remedy for Appellants’ 23 fraud.”). But deductions of legitimate operating expenses are appropriate in this case. … which digital assets qualified as securities.

Kellman v. Spokeo, Inc.

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

the evidence in fact establishes 15 that plaintiffs would win at trial. … And finally, this case does not clearly present manageability issues above and 11 beyond those typically associated with class actions. See id. 23(b)(3)(D).

In re California Gasoline Spot Market Antitrust Litigation

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

Verita will also establish a case-specific monitored email 17 address and toll-free phone number for class member inquiries. … The Court appoints Huntington National Bank as the escrow agent to maintain the 22 Settlement Fund, which the Court establishes as a “qualified

Sheet Metal Workers National Pension Fund v. Bayer Aktiengesellschaft

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

By comparison, this motion 24 is clearly timely. See Blum v. … MODIFICATION OF PROTECTIVE ORDER 20 Having established the basis for intervention, Proposed Intervenors must next establish the 21 grounds for modification of the Protective Order.

Hosseini v. Siemens Corporation

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

FEHA Discrimination 2 A prima facie case of discrimination under FEHA requires showing that “(1) [the plaintiff] 3 was a member of a protected class, (2) he was qualified … Dec. 20, 2016). 22 While the plaintiff in this case has clearly pled a case of subjectively perceived harassment,6 23 the question of whether the FAC alleges sufficient factual content to present a claim of objective

Bank of West v. Commercial Credit Financial Services, Inc.

655 F. Supp. 807 · District Court, N.D. California · Feb 25, 1987

. *815 It is obvious that there is no evidence to establish a specific date as the date of transfer of the business. … The paragraph clearly requires execution of a separate subordination agreement. Commercial Credit acknowledges that no such agreement was ever executed.

Burgoon v. Narconon of Northern California

125 F. Supp. 3d 974 · District Court, N.D. California · Aug 27, 2015

The arbitration proceedings and the decision at the arbitration shall be private and confidential, INITIALS_ Prior to arbitration, the parties may, but are not required to, seek to resolve the matter through a qualified mediator … T-Mobile USA, Inc., 152 Cal.App.4th 571, 585 , 61 Cal.Rptr.3d 344 (2007) ("hold[ing] that absent unusual circumstances, use of a contract of adhesion establishes a minimal degree of procedural uncon.scionability notwithstanding

Lee v. Plex, Inc.

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

This allegation, at most, establishes that Plex GmbH directs some activities 24 toward the United States generally, not toward California specifically. … Thus, any person who 27 obtains Plaintiff’s Facebook ID could locate his Facebook profile and, thereby, learn his name. 1 See Eichenberger, 876 F.3d at 986 (recognizing that names qualify as personally identifiable

S.H. v. Mount Diablo Unified School District

263 F. Supp. 3d 746 · District Court, N.D. California · Jul 3, 2017

As to whether the transfer qualified as an inter-district transfer, OAH concluded that it was reasonable to conclude that it was because the amount of time S.H. spent at Orion was “de minimus.” AR 629. If Mt. … Rather, only “procedural inadequacies that result in the loss of educational opportunity, or seriously infringe on the parents’ opportunity to participate in the IEP formulation process, *768 clearly result in the denial

Friends of Del Norte v. California Department of Transportation

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

The claims against FHWA were 13 dismissed on sovereign immunity grounds under Federal Rule of Civil Procedure 12(b)(1). See 14 Friends of Del Norte, 2020 WL 1812175, at *3, Dkt. … Caltrans held a public scoping meeting in September 2008 “to identify concerns of both the 20 public and agencies in order to clearly define the environmental issues and alternatives to be 21 examined in the draft [

Athletics Investment Group, LLC v. Schnitzer Steel Industries, Inc.

District Court, N.D. California · May 14, 2024

Documents for Which BAAQMD Has Established Privilege 22 Considering Allen’s declaration, the exemplars, and the corresponding information in 23 BAAQMD’s privilege logs, the court concludes that BAAQMD has established … If Allen was forwarding these attachments to 11 herself, the District has established the privilege.

Costanzo v. DXC Technology Company

District Court, N.D. California · Jul 27, 2020

To support 17 this theory, Plaintiffs cite to a footnote from an out-of-district decision with clearly distinguishable 18 facts. … This clearly means layoffs were to be expected.

Guapo-Villegas v. City of Soledad

District Court, N.D. California · Jan 13, 2025

However, a requirement to attend court, standing 27 alone, is generally insufficient to establish a Fourth Amendment seizure. Karam v. … (emphasis added). 6 The amended complaint does not clearly state whether Mr.

K. v. Google LLC

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

“While the substantive 25 reach of [the UCL] remains expansive,” to establish standing to enforce the UCL’s provisions, a 26 plaintiff must “(1) establish a loss or deprivation of money or property sufficient to qualify … According, M.K. is given leave to amend this claim to assert facts 2 establishing his standing.