Case law

Owner.com

District Court, N.D. California · Jan 16, 2026

For UCL and FAL 19 claims, plaintiff must “(1) establish a loss or deprivation of money or property sufficient to qualify 20 as injury in fact, i.e., economic injury, and (2) show that that economic injury was the result … The Metro Pizza testimonial clearly implicates ChowNow 20 as it is titled, “How Metro Pizza increased direct online sales by $10,000/m by switching from 21 ChowNow for Owner.” Id. ¶ 113.

Ottesen v. Hi-Tech Pharmaceuticals, Inc.

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

Clearly so. But the Supreme Court rejected virtually identical 6 arguments in Bristol-Myers. See Bristol-Myers, 137 S. … Here, the Supplements qualify as “foodstuffs,” as they 21 are intended for human consumption. See Arnold v. Dow Chem. Co., 91 Cal.

Ferreira v. Uber Technologies, Inc.

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

Whether the court or an arbitrator decides arbitrability is “an issue for judicial 15 determination unless the parties clearly and unmistakably provide otherwise.” … It is well-established 6 that “[i]t is ‘not necessary that the beneficiary be named and identified as an individual.

Navarro v. The City of Mountain View

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

This allegation does not clearly explain what the “intrusion” is and 12 how it breaks from social norms. … To satisfy this 24 element, a plaintiff must establish that irreparable harm is likely, not just possible.

Bickford Tamayo v. Saul

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

Plaintiff argues, and the 17 Commissioner does not dispute, that the V.E.’s testimony at the hearing established that if the 18 limitation to one to two step tasks was added to Plaintiff’s RFC, then she would not be … that she rejected for 7 || legally insufficient reasons, our precedent and the objectives of the credit-as-true rule foreclose the 8 argument that a remand for the purpose of allowing the ALJ to have a mulligan qualifies

National Council of The United States, Society of St. Vincent de Paul, Inc. v. The Del Norte Council of the Society of St. Vincent De Paul

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

National Council’s allegations establish it has a valid, protectable interest in the 3 unregistered marks. … Remedies at law are clearly inadequate to compensate National Council for its 16 injury here.

Smith v. Daguio

District Court, N.D. California · Dec 30, 2020

A court will grant summary judgment 21 “against a party who fails to make a showing sufficient to establish the existence of an 22 element essential to that party’s case, and on which that party will bear the burden … Accordingly, the third level appeal decision clearly did not reach 22 the merits of Plaintiff’s claim that the housing assignment was retaliatory.

Gutzalenko v. City of Richmond

District Court, N.D. California · Mar 15, 2024

Columbia, 25 subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any 26 rights, privileges, or immunities … The SAC fails to 9 establish Plaintiffs’ inability to discover the relevant facts earlier than one year before filing of the 10 FAC.

Bryant v. Atchley

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

Thus, evidence of 13 the failure to train a single employee is ordinarily insufficient to establish that the failure to train 14 was a municipality’s deliberate policy. … However, because this 11 defect does not appear to be incurable, and because a factually-supported claim against Defendant 12 Rivera would clearly be properly joined to the claim against Defendant Lam, dismissal of

Ferreira v. Mayorkas

District Court, N.D. California · Feb 18, 2025

Both NOIDs also explained that Ferreira had not 9 established foreign residence in Brazil. [Id.] … “To have a property interest in a benefit, a 16 person clearly must have more than an abstract need or desire for it.” Id. (quoting Bd. of Regents 17 of State Colls. v.

The Receivership Estate of AudienceScience Inc. v. Google LLC

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

The specification reflects this understanding when it distinguishes 13 “raw text” (where a publisher is “uncertain whether the text is composed exclusively of keywords 14 likely to be useful”) from “qualified text” … With context, the phrases “too early” and “late enough” 14 are clearly being used to describe how a practitioner can either decide to remove rows before a 15 definite pre-configured point in time (i.e., “whose times

Finjan LLC v. Sonicwall, Inc.

District Court, N.D. California · Jul 22, 2021

844 and ’780 Patents 12 SonicWall’s argument is straightforward: “The ESET Order satisfies [all] elements for 13 collateral estoppel for the ’844 and ’780 Patents and already qualifies … These factors clearly tilt in favor of applying 20 collateral estoppel. 21 The remaining factor to consider is whether the parties were sufficiently heard.

Miletak v. Acuity Mutual Insurance Company

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

Under this law, “communications made in or related to judicial proceedings 8 are absolutely immune from tort liability.” Ingrid & Isabel, LLC v. Baby Be Mine, LLC, 70 F. 9 Supp. 3d 1105, 1140 (N.D. Cal. 2014). … First, Miletak’s filing of this 23 lawsuit is clearly protected by the litigation privilege. Navellier, 106 Cal. App. 4th at 771 24 (pleadings are protected litigation communications).

Jarose v. County of Humboldt

District Court, N.D. California · Mar 1, 2023

“However, [l]ack of certainty is not, 25 for a qualified expert, the same thing as guesswork. … If Niland subsequently 13 prepared a CSM that is contradictory to his deposition testimony—the specifics of which, again, 14 Plaintiff does not actually establish—the proper course is not to prevent Niland from testifying

Sumotext Corp. -v- Zoove, Inc.

District Court, N.D. California · Jan 10, 2020

Sullivan is a 16 qualified economist and he states the factual bases for his opinions. Moreover, these general 17 objections are more properly addressed through cross-examination. … Access to StarStar 25 numbers clearly is essential for Sumotext to compete in the StarStar leasing market.

Institute for Fisheries Resources v. Hahn

District Court, N.D. California · Nov 5, 2020

of the use of such drug, (B) the cumulative effect on man or animal of such drug, taking into account any chemically or pharmacologically related substance, (C) safety factors which in the opinion of experts, qualified … The new animal drug application clearly contemplated that the engineered salmon eggs produced at the Prince Edward Island facility would be transported elsewhere to be “grown out” 3 One scientist opined that “selection

Williams v. Fox

District Court, N.D. California · Apr 2, 2020

The 27 only definitive source of clearly established federal law under 28 U.S.C. § 2254(d) is in the 1 holdings (as opposed to the dicta) of the Supreme Court as of the time of the state court 2 decision. … A federal habeas court 15 making the “unreasonable application” inquiry should ask whether the state court’s 16 application of clearly established federal law was “objectively unreasonable.”

Castillo v. Prime Hydration LLC

District Court, N.D. California · Sep 9, 2024

Exposure to certain levels 6 of PFAS may lead to reproductive effects, developmental delays, increased risk of certain cancers, 7 reduced immune system functionality, and other harmful effects. FAC ¶¶ 50-51. … has alleged that Prime Hydration, as the manufacturer, controlled the ingredients used and quality 1 1308 (9th Cir. 2022), Prime Hydration contends that Ninth Circuit law clearly

Gillard v. Volkswagen Group of America, Inc.

District Court, N.D. California · Nov 24, 2021

To qualify for the Extended Warranty, a Settlement Class Member must submit to the 6 dealer Proof of Adherence to the Vehicle’s Maintenance Schedule. Id. … Angeion Group will also establish a case-specific website and a toll- 26 free number dedicated to this settlement.

Gillard v. Volkswagen Group of America, Inc.

District Court, N.D. California · Nov 24, 2021

To qualify for the Extended Warranty, a Settlement Class Member must submit to the 6 dealer Proof of Adherence to the Vehicle’s Maintenance Schedule. Id. … Angeion Group will also establish a case-specific website and a toll- 26 free number dedicated to this settlement.