Case law

Stossel v. Meta Platforms, Inc.

District Court, N.D. California · Oct 11, 2022

These materials are not clearly referenced or quoted in the complaint. Khoja v. … For 9 this reason, the statements qualify as protected activity for purposes of the anti-SLAPP statute. 10 See Miami Herald Pub. Co. v.

Oakland Bulk & Oversized Terminal, LLC v. City of Oakland

321 F. Supp. 3d 986 · District Court, N.D. California · May 15, 2018

According to ESA, all of these control measures would qualify as best available control technology. ESA Report at 5-12 to 5-14 (Ex. 14.0081-0083); Tr. 194:22-195:7 (Evans). … And the City clearly knew how to draw distinctions between categories of regulations.

B. v. Brooks-Lasure

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

To qualify 7 for an entry-level surveyor position, one must possess a bachelor’s degree in a recognized 8 health field or have significant administrative or clinical experience in health policy 9 programming. … Section 1396r(f)(1), which establishes “the duty . . . of the Secretary to . . . protect 21 the health, safety, welfare, and rights of residents . . . .”

Fortinet, Inc. v. Forescout Technologies, Inc.

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

computer technology in 8 particular, a typical crux of the step-one analysis is “whether the focus of the claims is on the 9 specific asserted improvement in computer capabilities . . . or, instead, on a process that qualifies … First, “Fortinet fails to clearly identify who is the direct infringer”; second, the 21 “Complaint is almost entirely devoid of factual allegations about the accused products.” Mot. at 22 21.

LD v. United Behavioral Health

District Court, N.D. California · Aug 26, 2020

The EOBs 19 clearly state the amounts that United would reimburse and any remaining amounts that the 20 plaintiffs would owe to Summit Estate, and that plaintiffs could appeal such reimbursement 21 determinations … “To qualify as equitable relief, both (1) the basis for the plaintiff’s 12 claim and (2) the nature of the underlying remedies sought must be equitable rather than legal.” 13 Depot, Inc. v.

Bradshaw v. O'Malley

District Court, N.D. California · Sep 22, 2025

Maxwell, 971 F.3d at 1130 n.2. 15 To qualify as a disability, a claimant’s inability to work must either have lasted, or be 16 expected to last, for at least twelve months. 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)( … It is 13 possible that any of those limitations might support a finding of disability based on the weight of 14 the evidence on remand, but on the record currently available, none of them so clearly establish 15

Mills v. Mitchell

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

See id. 8 A court shall grant summary judgment “against a party who fails to make a showing 9 sufficient to establish the existence of an element essential to that party … McDonald, 55 F.3d 454, 461 (9th Cir. 1995), and this constitutional prohibition 9 clearly includes retaliation for filing a complaint, see Watison v.

Mikhak v. University of Phoenix Inc.

District Court, N.D. California · Dec 7, 2022

The Supreme Court of California has explained that “in immunizing 14 participants from liability for torts arising from communications made during judicial proceedings, 15 the law places upon litigants the burden of … But conduct by the Court cannot establish equitable estoppel. See Johnson, 314 F.3d at 16 414 (“Equitable estoppel . . .

Michel v. Sumo Logic, Inc.

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

Nonetheless, now that Plaintiffs are clearly advised that Rule 9(b) 9 will apply, the Court GRANTS Defendants’ motion to dismiss Plaintiffs’ Section 14(a) claim for 10 failure to plead negligence WITH LEAVE TO AMEND … Sohovich, the plaintiff alleged that defendant Avalara’s proxy statement misled 8 shareholders to believe that the Institutional Shareholder Services (“ISS”) supported the merger 9 when, in fact, ISS actually qualified

Shaper v. Zadek

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

Commission may prescribe”) (emphasis added).3 6 According to Defendants, each of the federal securities claims should be dismissed 7 because, contrary to what Plaintiffs assert, the Promissory Notes did not qualify … If Defendants, as alleged, were able to raise 2 hundreds of millions of dollars over the years, then the $5 million amount loaned to C4C would 3 not clearly pose a liquidity crisis.

Troy Norvell v. The County of Santa Clara

District Court, N.D. California · Nov 20, 2020

Norvell’s right to be free from excessive force, protected by the 14 Eighth Amendment, was not violated on March 1, 2016, because the record clearly … Id.at 14. 11 Defendants also argue that any alternative treatments provided were medically acceptable and do 12 not establish deliberate indifference. Id. at 14–15. Mr.

Moonbug Entertainment Limited v. Babybus (Fujian) Network Technology Co., Ltd

District Court, N.D. California · Jul 20, 2023

A combination that includes unprotectable elements 13 qualifies for copyright protection when the elements are numerous enough and their selection and 14 arrangement are original enough that their combination constitutes … Moonbug’s proposed instructions do 6 not clearly delineate these steps and are muddled and confusing. 7 For the intrinsic test, the Court has removed parts of Babybus’ proposed instructions that 8 are duplicative

Franklin EWC, Inc. v. The Hartford Financial Services Group, Inc.

District Court, N.D. California · Dec 14, 2020

The FAC further repeatedly alleges that the coronavirus caused—and = 17 continues to cause—the direct risk of physical loss required to establish a Covered Cause of Loss Z 18 under the Policy. … App. 4th 1559, 1582 (2011) (“To qualify for declaratory relief . . . [a 26 party] must [] present an actual controversy[.]”) (internal quotation marks omitted and emphasis 27 added) (citing Cal. Civ.

Boruta v. JPMorgan Chase Bank, N.A.

District Court, N.D. California · Feb 24, 2020

But they were clearly aware of it given that they filed 3 Boruta I on April 19, 2019 in an effort to stop that scheduled sale. … Bank FSB, 32 Cal.4th 350, 361 (2004) (“[T]he only tort claim we have 19 identified as falling outside the privilege established by section 47(b) is malicious prosecution.”). 20 California Civil Code section 2924(d)

Stickles v. Atria Senior Living, Inc.

District Court, N.D. California · Dec 27, 2021

18 If an employee directs his efforts at persuading a particular customer to purchase a product and is compensated on the basis of 19 his success in doing so then the employee is clearly … But it is unlikely that these types of events 14 qualified as outside sales activities, as these events seem to have involved only indirect sales 15 opportunities (see Bedell Dep. 38–39).

Kim v. Allakos Inc.

District Court, N.D. California · Mar 31, 2022

trial investigators told patients whether they believed they were getting the drug instead of a 12 placebo, (3) patients were able to see their test results during the Trial, (4) patients were told they 13 would qualify … However, the Allakos Presentation slide that Seligman 2 and Plaintiffs reference clearly indicates that the 28% figure related to “acute steroid use,” while 3 the study design expressly allowed for stable steroid use

Kaplan v. Burroughs Corp.

426 F. Supp. 1328 · District Court, N.D. California · Feb 4, 1977

The so-called expert or opinion witness is allowed to testify not only with respect to what he has observed, but he is allowed, if the Court thinks he is sufficiently qualified to speak to the jury, to tell his expert opinion … Now, I would like to draw sharply your attention to something which I am not sure was brought out very clearly in the argument.

Clarke v. Pacific Gas & Electric Company

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

See FAC ¶ 209 (“The 21 Cannery MGP Site on which PG&E disposed MGP Wastes qualifies as a point source of these 22 pollutants.”). … “did not provide any specific dates other than the general date range covered by its 2 notice letter,” but the “notice did, however, clearly identify the alleged violation—namely, that 3 during the time when the [petroleum

Richter v. Ausmus

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

Richter alleges that Steven Falk is the individual, under statute, who is 5 charged with determining whether she is disabled for purposes of qualifying for disability benefits. 6 Id. ¶ 58. … Accordingly, Richter’s allegations are 14 insufficient to establish a fiduciary relationship with Falk.

Flatten v. Smith

District Court, N.D. California · Apr 29, 2022

County 16 of Mendocino, 20-4537 SI, and that their testimony “clearly establishes that untold tons of seized 17 cannabis acquired by White and Smith during hundreds of searches and seizures were ‘loaded onto 18 a … The state court sustained a demurrer without leave to amend 27 based on finding that the deputies actions’ were protected by governmental immunity