Case law

Shared Partnership v. Meta Platforms, Inc.

District Court, N.D. California · Apr 8, 2025

Shared did not clearly waive its claims by merely continuing to purchase 19 advertisements from Meta. 20 Meta avers Plaintiff impliedly waived its misrepresentation and … period following a first breach of duty or instance of misconduct were 4 treated as sufficient to bar suit for any subsequent breach or misconduct; parties engaged in long- 5 standing misfeasance would thereby obtain immunity

Warner v. Friedman

District Court, N.D. California · Mar 9, 2020

Defendants move for summary judgment on Plaintiff’s First Amendment 1 remedies against Defendants, as required by the Prison Litigation Reform Act (“PLRA”); and 2 (2) Defendants are entitled to qualified immunity. … The moving party has the burden of 3 establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 4 317, 323 (1986); Fed. R. Civ.

Sample v. Smith

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

a prima facie case of discrimination under the ADA [Sample] must show that []he: 25 (1) is disabled; (2) is qualified; and (3) suffered an adverse employment action because of h[is] 26 disability.” … On 8 amendment, to the extent possible, Sample should clearly explain how he was adversely affected 9 at work because of his disabilities. 10 Finally, with respect to the employee

In Re Apple & AT & TM Antitrust Litigation

596 F. Supp. 2d 1288 · District Court, N.D. California · Oct 1, 2008

A business practice is unfair if “it offends established public policy ... or is substantially injurious to consumers.” People v. Duz-Mor Diagnostic Laboratory, 68 Cal. App.4th 654, 658 , 80 Cal.Rptr.2d 419 (1998). … Magnuson-Moss requires warrantors to “clearly and conspicuously disclose [warranty terms] in a single document in simple and readily understood language.” Cunningham v.

Vitale v. Wells Fargo Bank National Association

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

Pickard, 581 F.3d 922, 925 (9th Cir. 2009). 18 Plaintiffs’ Exhibit A clearly states that the line of credit is commercial in nature. Amended 19 Compl., Ex. A. at 2. … The 25 documents attached to Plaintiffs’ complaint establish that Wells Fargo granted a line of credit to 26 Defendant Frank Vitale and that Mr.

Pinedo v. A Place For Mom

District Court, N.D. California · Oct 24, 2024

26 3 The parties are in agreement that the delegation provision in the Arbitration Agreement clearly … law of the State of Washington, or federal law, or both, as applicable to the claim(s) asserted.” 3 The Court finds that this reading of the Arbitration Agreement is incorrect because it ignores the 4 || qualifying

Vogt v. Fisher

District Court, N.D. California · May 23, 2022

Supreme Court “cases give no clear answer to the question 1 unreasonabl[y] appli[ed] clearly established Federal law.’” Wright v. … Vogt’s claim was not contrary to, and did not 17 involve an unreasonable application of, clearly established U.S. Supreme Court precedent.

Sanai v. Kruger

District Court, N.D. California · Aug 24, 2023

Here the Defendants’ immunity from damages constitutes the “more”. Id. at 520; Hirsh v. 6 Justices of Supreme Court of California, 67 F.3d 708, 715 (9th Cir. 1995). … Sanai where binding authority clearly holds 11 that “[t]he State of California provides attorneys subject to discipline with more than 12 constitutionally sufficient procedural due process[.]”

Cain v. Berryhill

District Court, N.D. California · Feb 4, 2020

When asked if she could “clearly say whether [the 9 symptoms are] because he is not on his meds or because he is using drugs,” she initially 10 responded, “[e]ither or,” and then stated, “I think the primary issue is … The claimant has the burden of showing 18 that he or she would qualify as disabled absent DAA.

RJ v. Cigna Behavioral Health, Inc.

District Court, N.D. California · Mar 23, 2021

First, Viant 13 argues that the Complaint fails to plead facts to establish Viant’s fiduciary status or any underlying 14 breach of fiduciary duties. … Although this prefatory language is followed by a smattering of 3 additional allegations, Plaintiff fails to clearly differentiate the seventh and eighth claims from 4 others in the Complaint.

Loza v. Intel Americas, Inc.

District Court, N.D. California · Mar 9, 2022

We put this value into practice by: 22 * Communicating clearly, respectfully … Plaintiff was dismissed by a 13 supervisor the same age as him, replaced by someone seven years older than him and 14 similarly qualified, and never received ageist comments (Loza Dep. 163:14–164:3). 15

De Fontbrune v. Wofsy

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

WOFSY 23 because the purpose of the copying informs the analysis, copying entire works can qualify as fair use in some . circumstances, as where the copying is transformative. … The points to be raised must be stated clearly. (4) Form & Number of Copies (9th Cir. R. 40-1; Fed. R. App.

Mazzone-Urie v. OneWest Bank FSB

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

If a 21 successor in interest assumes the loan, he or she may be required to otherwise qualify for available 22 foreclosure prevention alternatives offered by the mortgage servicer.” … If so, then the 1 Section 2920.7 clearly provided a successor in interest with rights.

Allison

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

However, as further explained below, the Privacy Contracts do not clearly disclose that PHH collects and shares information about a particular user’s activity on its website with third parties. … That is sufficient to establish standing under the UCL. Accordingly, the motion to dismiss the UCL claim is denied.

Shande v. Zoox, Inc.

District Court, N.D. California · May 21, 2024

While Zoox correctly points out that a § 512(f) claim may be rejected as implausible 5 when it is contradicted by the DMCA takedown notice itself, see Moonbug, 2022 WL 580788 at 6 *8, Zoox has not established such a … And the May 9 letter clearly had some connection or 4 logical relation to the contemplated legal action against Shande and/or Epic (fourth prong). 5 Shande cites Action Apartment Assn. for the proposition that

Yu v. Ndoh

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

The federal court on habeas review may not issue the writ “simply 6 because that court concludes in its independent judgment that the relevant state-court decision 7 applied clearly established federal law erroneously … have said is not enough to establish prejudice.”

Lawson

District Court, N.D. California · Mar 13, 2026

No. 122.) 10 Phase I was limited to Lawson’s individual claims and the issue of whether Lawson qualifies as an 11 “aggrieved employee” under PAGA. (Id. at 3.) … Such notice must clearly 20 state the following: 21 (i) the nature of the action; (ii) the definition of the class certified; (iii) the class

Hill v. Pacific Maritime Association

District Court, N.D. California · May 2, 2025

But “inaccurate wage statements alone do not 26 justify penalties; the plaintiffs must establish injury flowing from the inaccuracy.” Maldonado v. 27 Epsilon Plastics, Inc., 22 Cal. App. 5th 1308, 1334 (2018). … “Motions to strike are generally disfavored” and “should only be granted 11 if the matter sought to be stricken clearly has no possible bearing on the subject matter of the 12 litigation.” Gutzalenko v.

Beltran Carrero v. Barr

District Court, N.D. California · Mar 26, 2021

The burden 10 of establishing the absence of a genuine issue of material fact lies with the moving party, see 11 Celotex Corp. v. … C. were denied entry into the United States because their travel did not qualify as 17 “essential” under the Notification.

Whitaker v. Joe's Jeans Inc.

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

And 10 Joe’s Store is a clothing store, which qualifies as a place of public accommodation under 11 the ADA. … Here the counter with the point-of-sale 18 equipment is clearly a “sales counter.”