Case law

Newton v. Equilon Enterprises LLC DBA Shell Oil Products US

District Court, N.D. California · Sep 18, 2019

A continuing violation may be established by a series of related acts against a single 5 individual. Morgan v. … Vol. 2 at 401.) 5 After that May 24, 2016, plaintiff testified that on May 27, 2016, Fischer “asked to see my 6 checklist and he told me that I wasn’t qualified, and he took a whiteout and

Li v. Colvin

District Court, N.D. California · Apr 28, 2025

However, the ALJ found “insufficient evidence 8 in the treatment record to establish [Li’s anxiety, dyslexia, and ADHD] as severe medically 9 determinable impairments since the cessation date.” Id. … Gayle may not be qualified as an acceptable 25 medical source,6 the ALJ is nevertheless required to support his conclusions with clearly 26 27

Dorsey v. Kijakazi

District Court, N.D. California · Aug 1, 2024

When read in context, the therapist’s notes clearly 1 to no evidence indicating that M.D. returned to school after dropping out in the Spring of 2016 due 2 to her worsening mental health symptoms. … Glassmire’s specialization and how it qualified him to opine on 14 M.D.’s medical conditions. This “alone constitutes reversible legal error.”

Gomez v. New Champion Promotions, LLC

District Court, N.D. California · Aug 27, 2024

AJW Qualified Partners, LLC, 83 A.D.3d 804, 807–808, 921 N.Y.S.2d 260)). CPLR 15 3016(b) in turn provides, “Fraud or mistake. … “[T]he burden for establishing 5 waiver of an arbitration agreement is the same as the burden for establishing waiver in any other 6 contractual context.” Id.

Sanchez v. Social Security

District Court, N.D. California · Mar 30, 2020

Sanchez’s June 2014 application for benefits clearly states that he is seeking 26 child’s disability benefits. AR 219. Although that application also says that Mr. … Only those 20 qualified to administer such tests, agency medical and psychological consultants, and other 21 contracted medical and psychological experts “may conclude that [a claimant’s] obtained IQ 22 score(s)

Yelp Inc. v. Reviewvio Inc.

District Court, N.D. California · Jun 6, 2024

a loss or deprivation of money or property sufficient 14 to qualify as injury in fact, i.e., economic injury, and (2) show that that economic injury was the result of, i.e., caused by, the unfair … Such motion must be filed within 10 FOURTEEN DAYS and include as an exhibit a redlined version of the proposed amendment that 11 clearly identifies all changes. 12 ReviewVio

PersonalWeb Technologies LLC v. Facebook Inc.

District Court, N.D. California · Jan 29, 2020

Richard Feiner and Co., Inc., 896 F.2d 1542, 1550 (9th Cir.1990) (“Judgment on 5 the pleadings is proper when the moving party clearly establishes on the face of the pleadings that 6 no material issue of fact remains … “In cases involving software innovations, this inquiry 21 often turns on whether the claims focus on ‘the specific asserted improvement in computer 22 capabilities . . . or, instead, on a process that qualifies as an

PersonalWeb Technologies LLC v. Google LLC.

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

Richard Feiner and Co., Inc., 896 F.2d 1542, 1550 (9th Cir.1990) (“Judgment on 23 the pleadings is proper when the moving party clearly establishes on the face of the pleadings that 24 no material issue of fact remains … “In cases involving software innovations, this inquiry 16 often turns on whether the claims focus on ‘the specific asserted improvement in computer 17 capabilities . . . or, instead, on a process that qualifies as an

PersonalWeb Technologies LLC v. EMC Corporation

District Court, N.D. California · Jan 29, 2020

Richard Feiner and Co., Inc., 896 F.2d 1542, 1550 (9th Cir.1990) (“Judgment on 5 the pleadings is proper when the moving party clearly establishes on the face of the pleadings that 6 no material issue of fact remains … “In cases involving software innovations, this inquiry 21 often turns on whether the claims focus on ‘the specific asserted improvement in computer 22 capabilities . . . or, instead, on a process that qualifies as an

United States of America v. Crescendo Bioscience, Inc.

District Court, N.D. California · May 23, 2020

Crescendo conducts testing for auto-immune and 2 inflammatory diseases for rheumatologists. Id. ¶ 33. … Defendants counter that “[i]nstead of 5 establishing the Defendants ‘knowingly’ submitted false claims, this allegation shows [their] 6 diligence and good faith belief that payments made to doctors were paid at fair

DiMercurio v. Equilon Enterprises LLC

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

Payment Terms 21 The Settlement Agreement requires Defendant pay $3,600,000 into an interest maximizing 22 Qualified Settlement Fund created by the Settlement Administrator … The 4 notice must “clearly and concisely state in plain, easily understood language” the nature of the 5 action, the class definition, and the class members’ right to exclude themselves from the class. 6 Fed.

Citizens for Free Speech and Equal Justice, LLC v. City Of San Jose

District Court, N.D. California · Aug 1, 2022

Id. at 1079–81 (applying intermediate scrutiny analysis). 17 The Permit Requirements Exemption here is even more clearly speaker-based than was the 18 exemption in G.K. Ltd. … While “some of the speech by authorized vehicles covered by 8 the [exemption] would qualify as government speech, . . .

Browning v. American Honda Motor Co., Inc.

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

But this argument undermines the notion that the FAC clearly 11 indicates “the result of employing [the] software [controlling the dog clutches] is erratic operation, 12 delayed acceleration, and the other symptoms … Pappas, the Court finds that 17 18 “a consumer may qualify for class-action certification under [the OCSPA] only if the defendant’s 19 alleged

Tanseer Kazi v. PNC, Bank, N.A.

District Court, N.D. California · Jun 22, 2020

but those other forms of compensation are not 13 at issue in this case. 14 Scheid contends that by effectively paying only incentive pay in months where MLOs 15 qualified … Nevertheless, “PNC does not object to a class definition that does 26 not include a reference to the arbitration agreements so long as the class notice (which must yet be 27 negotiated) clearly indicates that California

Tabler v. Panera LLC

District Court, N.D. California · Jun 30, 2020

In the alternative, Plaintiff argues if the FAC has not adequately pleaded 17 reliance on a specific misrepresentation, the FAC has nonetheless satisfied an exception under 18 California law established by In re Tobacco … As a 15 result, this case is clearly distinguishable from Opperman. 16 Indeed, this case is more analogous to Haskins v. Symantec Corporation, 2014 WL 17 2450996 (N.D. Cal.

Nikon Corp. v. ASM Lithography B.V.

308 F. Supp. 2d 1039 · District Court, N.D. California · Mar 11, 2004

As with “pattern,” the parties agree that the word “mask” has an established meaning in both common and scientific idioms. … As it is used in the claim language, the word “conical” is plainly adjectival; it modifies and qualifies the kind of surface the light strikes.

Splunk Inc. v. Cribl, Inc.

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

As such, all of the patents-in-suit run afoul of Section 101 3 and do not qualify as patent eligible. … Such motion must be filed within 19 FOURTEEN DAYS and include as an exhibit a redlined version of the proposed amendment that 20 clearly identifies all changes.

Todd v. Lovecruft

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

In Grenier, the court of appeals stated that the membership of the church, which 5 ranged from 550 to 1,000, was “large enough to qualify as a ‘community’ for purposes of section 6 425.16.” Grenier, 234 Cal. … To establish “minimal merit,” the 2 plaintiff need only “state and substantiate a legally sufficient claim.”

Human Rights Defense Center v. County of Napa

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

A “waiver of attorneys’ fees may be established by clear 3 language in the release” or, “if the language in the release is unclear or ambiguous, [by] 4 surrounding circumstances [that] clearly manifest the intent of … The only remaining question is whether 12 HRDC qualifies as a “successful party” under this provision.

FullView, Inc. v. Polycom, Inc.

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

There is no dispute that these 2 || references qualify as prior art under 35 U.S.C. § 102. See, e.g., Nalwa Decl. at □□□ 15, 40, 64-68. 3 3. … Polycom ignores the argument 21 altogether, and does not take into account that the cross-section label on the Yamazawa diagrams 22 || clearly does not show the support member intersecting the inner volume of