Case law

Cont'l Cas. Co. v. Chatz

591 B.R. 396 · District Court, N.D. California · Sep 17, 2018

Application of Judicial Estoppel (i) Clearly Inconsistent . … As to the third element, Judge Efremsky concluded that the Trustee had "clearly and unequivocally" established that he did not know that Continental disputed coverage, focusing particularly on Continental and the Trustee's

Massey Services, Inc. v. Fletcher

348 F. Supp. 171 · District Court, N.D. California · Sep 1, 1972

There is no question that Massey does not qualify as a “small business concern” under the foregoing criteria. … Clearly, § 8(a) of the Act is designed to benefit “small business concerns” by improving their position in the Government contract marketplace vis-a-vis large or established firms.

Pittman

District Court, N.D. California · Oct 23, 2025

To establish a violation of Title II, a plaintiff must show that “(1) he 25 is a ‘qualified individual with a disability’; (2) he was either excluded from participation in or 26 denied the benefits of a public entity … Pittman has not clearly established that defendants excluded him from or 1 discriminated against him; or had any obligation under Title II to compel his landlord’s 2 accommodation of his need for an on-site accessible

Rupert v. Bond

68 F. Supp. 3d 1142 · District Court, N.D. California · Sep 22, 2014

Plaintiff clearly disagrees with the ruling in Rupert I. … ORDER Plaintiff clearly disagrees with at least four other courts’ rulings regarding his *1170 parents’ trusts and their management.

Baker v. Pacific Far East Lines, Inc.

451 F. Supp. 84 · District Court, N.D. California · Apr 6, 1978

His connection with defendant’s vessels was clearly sporadic. … The court, assuming that gross negligence had been established, nevertheless held that the statutory compensation was the exclusive remedy. See also Finch v.

Harriss v. Pan American World Airways, Inc.

437 F. Supp. 413 · District Court, N.D. California · Sep 2, 1977

However, with regard to the Group Health Policy coverage of pregnancy, plaintiffs have attempted to establish a discriminatory effect by introducing evidence establishing that, because of the COB Rule, dependents’ claims … Carter’s advice and extended flight status into the third trimester, a result that is clearly contrary to the record before the Court.

INTERN. UNION OF BRICKLAYERS v. Meese

616 F. Supp. 1387 · District Court, N.D. California · Aug 28, 1985

Absent a clearly expressed legislative intention to the contrary, the language of the Act is to be regarded as conclusive. … on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed.

Banks-Reed v. Bay Area Rapid Transit

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

Mateu’s use of force 14 was not prohibited by any clearly established law, and thus, qualified immunity applies. Neither 15 argument persuades. The Court addresses each. 16 A. … Qualified Immunity 18 The qualified immunity doctrine shields a government official performing discretionary 19 functions from liability for civil damages if the officer

Bracco v. Lackner

462 F. Supp. 436 · District Court, N.D. California · Apr 5, 1978

The balance of hardships is also clearly in plaintiffs’ favor. … From failing to make regular inspections and take all steps required by State or federal law to establish as soon as feasible, or make provision to so establish, the requisite standards of care at the Center. 6.

Opperman v. Path, Inc.

87 F. Supp. 3d 1018 · District Court, N.D. California · May 14, 2014

Under the statutory scheme, an ‘interactive computer service’ qualifies for immunity so long as it does not also function as an ‘information content provider’ for the portion of the statement or publication at issue.” … Ct., 51 Cal.4th 310, 322 , 120 Cal.Rptr.3d 741 , 246 P.3d 877 *1046 (2011) (a plaintiff must “establish a loss or deprivation of money or property sufficient to qualify as injury.

Larkin v. Cabraser

District Court, N.D. California · Mar 12, 2024

Harris, 935 F.3d at 675. 12 There are rare cases where immunity may be so clear on the face of the complaint that dismissal 13 may qualify as a strike for failure to state a claim, or where immunity is so obvious that … This case qualifies as a strike for failure to 14 state a claim because it is “‘an exceptional case[] where the affirmative [immunity] defense is 15 readily apparent without resort to any additional information outside

Gradetech, Inc. v. City of San Jose

District Court, N.D. California · Apr 3, 2020

Qualified Immunity 24 Government officials may not be held liable for civil damages under 42 U.S.C. § 25 1983 unless their conduct violates “clearly established statutory … Next, 2 the analysis asks whether “the right was clearly established.” Id.

In Re NATIONAL SECURITY AGENCY TELECOMMUNICATIONS RECORDS LITIGATION

633 F. Supp. 2d 892 · District Court, N.D. California · Jul 24, 2007

Executive order 12,958 directs agencies to control strictly the classified information in their possession and to ensure that information is disclosed only when doing so is “clearly consistent with the interests of national … Nor can it be said that any state has attempted to “establish its own foreign policy.” 389 U.S. at 441 , 88 S.Ct. 664 .

Innovation Law Lab v. Nielsen

366 F. Supp. 3d 1110 · District Court, N.D. California · Apr 8, 2019

First, defendants rely on well-established law, conceded by plaintiffs, that DHS has prosecutorial discretion to place aliens in regular removal proceedings under section 1229a notwithstanding the fact that they would qualify … Those restrictions are quite clearly less restrictive than are required under § 1231(b)(3).

Shanko v. Lake County

116 F. Supp. 3d 1055 · District Court, N.D. California · Jul 27, 2015

The Court’s prior order found that Plaintiff had not established that this claim was ripe. ECF No. 35 at 7. … The Court’s prior order found that Plaintiff had not established that this claim was ripe. ECF No. 35 at 7.

Peavy

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

Gammick, 413 22 F.3d 971, 976 (2005) (“However, when prosecutors perform administrative or investigative 23 functions, only qualified immunity is available. … Prosecutorial Immunity 21 More fundamentally, Ms. Peavy’s claims are barred by prosecutorial immunity.

Dorsaneo v. Dorsaneo

261 F. Supp. 3d 1052 · District Court, N.D. California · Jul 31, 2017

. § 213a,2(e) (providing that the support obligation terminates when j;he sponsored immigrant: (1) becomes a citizen; (2) has worked 40 qualifying quarters of coverage; (3) ceases to be a lawful permanent resident and departs … It is thus clearly established from the pleadings that, starting on February 5, 2014, Edward owed Tetyana financial support and he has breached that duty by failing to pay.

Encuentro Del Canto Popular v. Christopher

930 F. Supp. 1360 · District Court, N.D. California · Apr 22, 1996

It is well established that the decision of a consular official to deny an alien’s request for a visa, even if erroneous, is immune from judicial review. See, for example, Li Hing v. … The court held that “plenary congressional power to make policies and rules for exclusion of aliens has long been firmly established.

Baca v. Anderson

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

Id.7 17 Qualified immunity cannot be resolved on this motion. … Sanford, 991 F.3d 1027, 1033, 11 1037 (9th Cir. 2021) (explaining the question for qualified immunity is whether “clearly 12 established law prohibited” the officer “from using the degree of force that he did in the

Lenz v. Universal Music Corp.

572 F. Supp. 2d 1150 · District Court, N.D. California · Aug 20, 2008

Whether fair use qualifies as a use “authorized by law” in connection with a take-down notice pursuant to the DMCA appears to be an issue of first impression. … If copyright owners are immune from liability by virtue of ownership alone, then to a large extent Section 512(f) is superfluous.