Case law

Sultanis v. Champion Petfoods USA, Inc.

District Court, N.D. California · Aug 3, 2021

“The plaintiff, as the party 4 invoking federal jurisdiction, bears the burden of establishing these elements,” which at the 5 pleadings stage means “‘clearly . . . alleg[ing] facts demonstrating’ each element.” … The statements do not need to use 3 qualifiers like “all” or “100%” in its representations in order to be misleading. For example, in 4 Janney v.

Sumotext Corp. -v- Zoove, Inc.

District Court, N.D. California · Nov 6, 2020

Hayden’s testimony is insufficient to establish 7 market power. Dr. Aron’s trial testimony illuminated this point very well. … The Court 3 is not qualified to make such a determination.

UAB "Planner5D" v. Meta Platforms, Inc.

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

I suspect that is what Planner 5D intended to do with its 12 application but I cannot conclude that is what the Copyright Office granted when it issued the 13 registration certificates, which clearly state that the … R. 79-5(b). 18 The motions to file under seal are GRANTED without prejudice to defendants’ argument 19 that the alleged data files do not qualify as trade secret

Davis v. Zurich American Insurance Co.

District Court, N.D. California · Feb 3, 2021

First, the 20 initial burden is on the plaintiff to establish a prima facie case of discrimination. Id. at 354–55. … He was replaced with a 34-year old. 18 Courts have found that replacement with someone who was more than 10 years younger can 19 qualify as evidence of age discrimination.

Lee v. Foris Dax, Inc.

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

Superior Ct., 57 Cal. 4th 364, 379–80 (2013) (“[i]n Stop Youth Addiction and 21 Cel–Tech, we explained that to bar a UCL action, another statute must absolutely preclude private 22 causes of action or clearly permit … The late-filed claims exception does not apply in Lee’s case 26 The FDIC-R contends that Lee has failed to show that she qualifies for the late-filed claims 27

Kusen v. Herbert, II

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

“While the appointment of counsel is made subject to the 26 approval of the court, the Reform Act clearly leaves the choice of class counsel in the hands of the 27 lead plaintiff.” … Alecta’s investments in First Republic are not immune from such 4 reviews.

Kenneth v. Yeung Chi Shing Holding (Delaware) Inc.

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

.; and (vi) declaratory relief to establish that advisor fees and other 6 diversions were improperly and illegally paid in violation of federal and state law. … Fung has admitted that she has never 2 actually been qualified as a United Kingdom charted account. (Id. at ¶ 38.) 3 Defendant Cheung is a citizen of Hong Kong, China. (Id.at ¶ 22.)

LD v. United Behavioral Health

District Court, N.D. California · Dec 18, 2020

from 26 the merits of his claim[.]”). 27 1 Finally, as to the nature of the relief sought, “[t]o qualify … The 22 EOBs clearly state the amounts that United would reimburse and any remaining amounts that the plaintiffs would owe to Summit 23 Estate, and that plaintiffs could appeal such

Baker v. Save Mart Supermarkets

District Court, N.D. California · Apr 7, 2023

The 7 retired employee and their spouse could then use the money accrued in their HRA accounts to pay 8 for certain qualifying medical expenses. Id. … The Ninth Circuit has held that the six-year 12 exception for fraud “only applies when a defendant has taken steps to hide its breach of fiduciary 13 duty,” and in such cases a plaintiff “must establish affirmative

Tabler v. Panera LLC

District Court, N.D. California · Oct 29, 2019

Id. 23 Defendant does not clearly indicate which provision of the FDCA or NLEA Defendant 24 25 … Id. 9 Because the Court concludes that Plaintiff has failed to satisfy the heightened pleading 10 standard of Rule 9(b) and does not qualify for the exception contemplated by In re Tobacco II, the 11

Tolliver v. Illinois Tool Works Inc.

District Court, N.D. California · Nov 22, 2019

Granda’s September 10, 2019 report were clearly a direct 1 Defendant was able to depose Mr. … Id. 16 The Court finds that Defendant has established that Plaintiff was a “sophisticated user,” 17 such that there was no duty to warn.

Lynwood Investments CY Limited v. Konovalov

District Court, N.D. California · Dec 19, 2022

Moreover, although the Court acknowledges such latter defense differs somewhat 27 from defenses courts have found to be clearly on the merits, see, e.g., Tresóna 1 2020) (reversing denial of fee award to defendants … Aug. 4, 2011), aff'd, 705 F.3d 1108 (9th Cir. 2013) (noting “it is well- 8 established that copyright protection does not extend to ideas”). 9 Even assuming, arguendo, however, defendants prevailed solely on

Lynwood Investments CY Limited v. Konovalov

District Court, N.D. California · Dec 20, 2022

Moreover, although the Court acknowledges such latter defense differs somewhat 27 from defenses courts have found to be clearly on the merits, see, e.g., Tresóna 1 2020) (reversing denial of fee award to defendants … Aug. 4, 2011), aff'd, 705 F.3d 1108 (9th Cir. 2013) (noting “it is well- 8 established that copyright protection does not extend to ideas”). 9 Even assuming, arguendo, however, defendants prevailed solely on

Robin Berman v. Microchip Technology Incorporated

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

The Ninth Circuit has 23 found that similar language established an unambiguous grant of discretion. … Consideration of evidence outside the administrative record is clearly necessary to 20 determine the meaning of the Atmel Plan. See Gilliam v.

Murphy v. Olly Public Benefit Corporation

District Court, N.D. California · Jan 17, 2023

This was clearly the law at one 20 point. See, e.g., Mee v. I A Nutrition, Inc., No. C-14-5006 MMC, 2015 WL 2251303, at 21 *4 (N.D. Cal. … would necessarily establish that they all were.”

Penrose Hill, Limited v. Mabray

District Court, N.D. California · Aug 18, 2020

James filed a declaration establishing that he is a citizen 24 of Great Britain and a permanent resident of the United States, but not a dual citizen. [Docket No. 40.] … He has masters’ degrees in computational chemistry and business administration and has 6 been qualified as a Certified Specialist of Wine by the

American Civil Liberties Union Foundation v. Department of Justice

District Court, N.D. California · Sep 30, 2021

At the same 14 time, Congress has exempted some information “under clearly delineated statutory language.” Id. 15 at 152 (citing Dep’t of Air Force v. Rose, 425 U.S. 352, 360–61 (1976)). … The burden is on the party asserting the privilege to establish all 4 these elements.

Pollock v. Federal Insurance Company

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

Id. at 15. 22 Homeowners argue that this appraisal method will ensure that the received bids accurately reflect 23 the scope and nature of the project, as well as the reasoned judgment of qualified and experienced … The Court Declines to Establish an Appraisal Protocol 2 Homeowners seek an appraisal protocol based on an ITB framework. Mot. at 14–16.

Sayce v. Forescout Technologies, Inc.

District Court, N.D. California · Nov 19, 2020

In the Ninth Circuit, In re Cavanaugh, 306 F.3d 726 (9th Cir. 2002), governs lead plaintiff 23 selection and establishes a three-step process. … Moreover, 7 the Court finds it significant that the Spruce Point report did not contain any previously unavailable 8 information that would clearly distinguish Glazer Funds from the other plaintiffs in the class who

Altimeo Asset Management v. Jumei International Holding Limited

District Court, N.D. California · Sep 14, 2021

In 13 the latter instance, “there is no fact established by the [document] ‘not subject to reasonable 14 dispute,’ and the fact identified does not qualify for judicial notice under Rule 201(b).” … s rights, which were 5 newly added to the SAC, the Court finds that they clearly fail to raise “a strong inference” that 6 Jumei acted with scienter.