Case law

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.

Simmons v. Mischel

District Court, N.D. California · Sep 27, 2019

Simmons’s constitutional rights; and 8 (3) defendants are entitled to qualified immunity. Id. For the reasons discussed below, the Court 9 grants defendants’ summary judgment motion based on Ms. … The BOP has established an administrative 18 remedies program for prisoners in federal custody. 28 C.F.R. §§ 542.10-542.16.

West v. City and County of San Francisco

District Court, N.D. California · May 17, 2022

“Thus, a plaintiff can establish an FHA discrimination claim 14 under a theory of disparate treatment, or disparate impact.” … Plaintiff’s complaint does not clearly connect his protected 24 activity to alleged adverse housing consequences.

Silverman v. Ivers

District Court, N.D. California · Nov 4, 2019

To the extent that Plaintiff relies 2 || on the copies of the grievances to establish a “paper-trail” of Defendants’ unlawful 3 conduct, these documents fail to establish such conduct. … Levin’s testimony not as an 8 expert in neurology but simply as a qualified physician to give an opinion about the care 9 provided to Plaintiff by the jail medical staff and their reliance on the assessment that was

Estrada

District Court, N.D. California · Feb 11, 2026

Estrada alleges no facts establishing a fiduciary duty on the part of DDS. … Because the privilege clearly encompasses the 3 factual predicate to Mr.

State of California v. U.S. Department of Homeland Security

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

Because of the absence of controlling precedent and the deliberative 16 materials did not involve the mental processes of individual agency members, the court 17 found that the district court’s order was not clearly … Considering these two 2 cases together, Sierra Club held that Navajo Nation and Presbyterian Church “clearly 3 contemplate that claims challenging agency actions—particularly constitutional claims— 4 may exist wholly

Bluestar Genomics v. Song

District Court, N.D. California · Jan 4, 2024

13 quantum of facts to support a finding of relatedness in this breach of contract for services case 14 where Bluestar has not met a ‘but for’ standard and . . . in short, where the contractual relationship 15 clearly … When describing the type of nexus that would satisfy the “arises out of or relates to” standard, the Supreme Court 19 referred to a “connection” or a “relationship,” without any qualifiers. See Ford, 141 S.

United States v. Jos. Schlitz Brewing Company

253 F. Supp. 129 · District Court, N.D. California · Mar 24, 1966

Clearly, there is at least as great a “competitive overlap” between premium and non-premium beers as between metal and glass containers. … In any case, the issue posed by 14 is ultimately one of law and the law is clear that even if the purpose of Sehlitz, or a purpose of Sehlitz, was for participation in the Canadian market, that would not immunize against

Bargo

District Court, N.D. California · Jun 29, 2026

When purchasing utility tokens, however, users also receive “a second class of virtual tokens that qualifies [them] for sweepstakes prizes”. (Id. ¶ 8). … “The moving party bears the burden of establishing that the transfer is appropriate and must establish that the alternate forum is more convenient than the present forum.” Santi v. Nat’l Bus. Recs.

Optronic Technologies, Inc. v. Ningbo Sunny Electronic Co., Ltd.

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

a CASE NO.: 5:16-CV-06370-EJD 28 || ORDER GRANTING PLAINTIFF’S MOTION FOR EQUITABLE RELIEF AND JUDGMENT ON UCL CLAIM 1 injunction enjoining defendant from “refusing to sell [products] to any qualified … Neither 13 || party clearly defines which of the many entities involved in this case are included when they 14 || reference “Synta.”

Jimenez v. U.S. Immigration and Customs Enforcement

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

individuals who tested positive for 10 COVID-19 with water and aspirin, including [the two former detainees mentioned above], who 11 presented with physical symptoms, are medically vulnerable to severe COVID-19, and qualify … At the pleading stage, “[i]t is the responsibility 23 of the complainant clearly to allege facts demonstrating that he [or she] is a proper party to invoke 24 judicial resolution of the dispute and the exercise of the

Freund v. HP, Inc.

District Court, N.D. California · Aug 10, 2023

does not establish knowledge of an alleged defect.” … Plaintiffs respond that they “clearly allege the restriction 22 occurred within the warranty period” and “clearly and repeatedly allege that the Products were 23 designed with the Restriction.”

Osinek v. Kaiser Permanente

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

established by a qualified physician; 3 b. … Had he done so, then his case 10 would clearly be related to Osinek. Rather, Dr.

Capolupo v. Eills

District Court, N.D. California · Dec 5, 2019

Lebbos, 348 F.3d 820, 827 (9th Cir. 2003) (“[C]ase qualified as an “emergency” 22 situation. … Lastly, any amended pleading will have a clearly marked 14 section entitled, “Statement of Facts,” wherein Plaintiff shall take care, in an organized fashion, to 15 present detailed factual allegations (i.e., what happened

Giuseppe Pampena v. Elon R.Musk

District Court, N.D. California · Aug 5, 2025

Because Musk bears the burden of establishing that the 24 privilege has not been waived, and given the lingering ambiguity in the record, the court grants 25 Musk a final opportunity to establish non-waiver with respect … Plaintiffs provided a response and a supplemental response 20 to both ROGs but qualified them by using the phrase “among other things.”

Russell v. Maman

District Court, N.D. California · Mar 23, 2023

Moving Defendants’ arguments about their own ignorance does not clearly 23 establish that their reliance on other Defendants, as well as failure to engage in verification on 24 their own, was “beyond [their] reasonable … As the common 18 count could serve as an alternative cause of action for the breach of contract or unjust enrichment 19 claims, and Moving Defendants have not explained how their arrangement with Plaintiff qualifies

Mackey v. Cook

District Court, N.D. California · Sep 25, 2023

So, for deliberate indifference to be 15 established, there must be a purposeful act or failure to act on the part of the defendant and 16 resulting harm. See Simmons v. G. … Bachmeier, 302 F.3d 845, 848 (8th Cir. 2002) (granting qualified immunity to 22 nurse, who was acting as administrator, because her “adherence to [doctor’s] order” was 23 “objectively reasonable in light of the legal

In Re Western Pac. R. Co.

34 F. Supp. 493 · District Court, N.D. California · Aug 15, 1940

In addition, such notes are secured by a second lien on all the securities pledged with RFC; by a first lien on the Debtor’s distributive share in the fund established by the marshalling and distributing plan, 1931; by a … No official body in the country is better qualified, by reason of experience, ability and specialized knowledge than is the Commission to find the ultimate facts as to 'the Debtor in relation to any of the matters mentioned

Nacarino v. Chobani, LLC

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

Nacarino contends that, by identifying the Product as a “vanilla” yogurt, “with no 11 qualifiers,” Chobani violates a U.S. … Nacarino has failed to “establish that she lacks an 26 adequate remedy at law” with respect to her claim for restitution or disgorgement under the UCL’s 27 unlawful prong. See Sonner, 971 F.3d at 844.