Case law

True Traditions, LC v. Wu

552 B.R. 826 · District Court, N.D. California · Sep 8, 2015

Fisher testified only long enough to be qualified as an expert and to authenticate her report. Trial Tr. 66:7-70:9. In her report, Ms. … The “grantee” of the Buffalo Properties in this instance was Rick, who clearly has no interest in assisting Appel-lees to void his own fraudulent transfer.

John Muldoon v. DePuy Orthopaedics, Inc.

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

statutory standing pursuant to RICO, a plaintiff must show . . . that 24 his alleged harm qualifies as injury to his business or property”. … Our caselaw has established a low threshold for 14 plaintiffs to show a concrete RICO injury.

D.J. v. Walnut Creek School District

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

Espinoza that D.J. was 9 experiencing harm at Spectrum,” without specifying which reports or clearly alleging that 10 Spectrum shared them with Espinoza). 11 First, on August … some differences between the 27 two statutes, the parties have not identified any relevant distinctions for the purpose of the present 1 bringing suit under section 504 or Title II of the ADA must show: (1) she is a qualified

Givovich v. USCIS

District Court, N.D. California · Mar 25, 2025

Given the different 26 procedural postures of Ching and Muñoz, the Court cannot say that the reasoning of Ching is 27 clearly irreconcilable with Muñoz. … Accordingly, the first Mathews factor does not clearly weigh in favor of Plaintiffs. 8 b.

Focus 15, LLC v. NICO Corporation

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

But the Ninth Circuit has clearly held that “a claim for equitable indemnity or 1 (citing Hoffman v. May, 313 Fed. … “Accordingly, California courts have held that disputes regarding 9 monthly billing and payments qualify for continuous accrual, with each month triggering a new 10 limitations period.” Wolf v. Travolta, 167 F.

McCaffrey v. Republic Services, Inc.

District Court, N.D. California · Jan 31, 2025

On March 2, 2022, plaintiff reported this instruction via the company’s 9 ethics complaint channel, writing, “everybody who has reviewed it says it is clearly an attempt to 10 manipulate the Division’s [missed pickup … The question of who qualifies as a managing agent 13 is a question of fact sometimes inappropriate for summary adjudication. See DesRosiers v. Hartford, 14 979 F. Supp. 2d 1036, 1053 (E.D.

Sharks Sports & Entertainment LLC v. Federal Transit Administration

District Court, N.D. California · Jan 31, 2020

Defendants fail to establish that VTA would not have 9 qualified as a “joint lead agency” under the earlier version of the regulation. 10 Moreover, there is also evidence that FTA worked with VTA in preparation … The plaintiff 24 argued that the DOI “clearly indirectly relied upon the record of decision before the NIGC in 25 making its decision.” Id. at 289.

SM 10000 Property, LLC v. Allianz Global Risks US Insurance Company

District Court, N.D. California · Apr 7, 2021

I clearly communicated that intent to Mr. … It does not clearly 5 establish that intent. 6 Third, while not helpful to plaintiffs’ position, Chung’s deposition testimony does 7 not eliminate a triable factual

Richards v. Chime Financial, Inc.

District Court, N.D. California · Oct 28, 2020

Second, he must establish that at least one 22 of 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 12 class members. Dennis, 697 F.3d at 865.

Gibson v. Al Jazeera International (USA) LLC

District Court, N.D. California · Nov 14, 2022

Ahmad no longer believed” that she was “qualified for the promotion.” … For instance, even if the defendant’s decision to revoke 16 the promised promotion and withhold the increased compensation were discriminatory, that does 17 not establish an intentional-infliction-of-emotional-distress

Rahlwes v. Kijakazi

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

The plaintiff bears the burden of establishing 22 a prima facie case for disability in the first four steps of evaluation. Gallant v. Heckler, 753 F.2d 23 1450, 1452 (9th Cir. 1984). … This paragraph clearly recounts Plaintiff’s assessment of her condition for treatment 11 purposes but does not itself constitute a medical diagnosis

Chinitz v. Intero Real Estate Services

District Court, N.D. California · Dec 1, 2020

The notice must clearly and concisely state: 24 25 (i) the nature of the action; 26 (ii) the … Azari, through his personal, firsthand knowledge, establishes his 6 credentials in the class notice field in paragraphs 6 and 8.

Anguiano-Tamayo v. Wal-Mart Associates, Inc.

District Court, N.D. California · Mar 21, 2022

Walmart reports these quarterly bonuses on qualifying employees’ wage statements as “MYSHARE 18 INCT.” 19 Besides the bonus … The transaction test 18 has four criteria, the last of which is most important: 19 (1) whether rights or interests established in the prior judgment would be destroyed or impaired

Greenlight Systems, LLC v. Breckenfelder

District Court, N.D. California · Jun 28, 2021

Counter-defendants were clearly aware of this lawsuit and 11 their failure to litigate this matter is not based on excusable neglect. See Shanghai Automation, 12 194 F. … But California law 6 clearly explains that employees are only entitled to prejudgment interest for unpaid wages, not 7 penalties. See Naranjo v. Spectrum Sec. Servs., Inc., 253 Cal.

Marcie Hamilton v. JUUL Labs, Inc.

District Court, N.D. California · Nov 16, 2021

The new NDA 25 contains a narrowed definition of “confidential information,” a narrowed non-solicitation clause, 26 an express notice of immunity under the Defend Trade Secrets Act, and express carve-outs for 27 … Plaintiff argues that although a 25% share of civil penalties would clearly be sufficient 19 incentive if the PAGA representatives collected the entire 25%, that is not how PAGA has been 20 construed.

Santos v. Minnesota Life Insurance Company

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

External evidence is considered in de novo review of 2 ERISA cases only where circumstances clearly establish that additional evidence is 3 necessary to conduct an adequate review of the benefit decision. … Plaintiff has not yet 14 established that she is entitled to an award of fees.

Grace v. Apple, Inc.

District Court, N.D. California · Mar 31, 2021

5 Case No. 17-CV-00551-LHK 1 qualifying … First, unsuccessful motions are non-billable if they were “[un]reasonable” or “clearly 9 unmeritorious.” Jacobson v.

Ornelas v. Tapestry, Inc.

District Court, N.D. California · Aug 6, 2021

The rule established by Frlekin applies retroactively. … The named plaintiff “must appear able to prosecute the action vigorously 22 through qualified counsel, and . . . must not have antagonistic or conflicting interests with the 23 unnamed members of the class.”

American Small Business League v. Department of Defense

District Court, N.D. California · Nov 24, 2019

confidential quality without the government’s assurance of privacy. 25 In Food Marketing, however, there was “no need to resolve” whether or not the second 26 condition was required, as the information’s owner there “clearly … The information generated by the 8 government must be disclosed.2 9 On the other hand, information originating from the companies may qualify as 10 “confidential” information

In re AutoZone, Inc.

289 F.R.D. 526 · District Court, N.D. California · Dec 21, 2012

Rule 23 establishes a two-step procedure for analyzing class certification. … She clearly did not intend to dismiss her claims in all forums. See Zevnik v. Superior Court, 159 Cal.