Case law

Estate of Levingston v. County of Kern

320 F.R.D. 520 · District Court, E.D. California · Jun 22, 2017

protocols or policies to safely take into custody, those persons showing signs of severe narcotics intoxication and/or mental health disorders; the failure to act upon clearly life-threatening symptoms and reports; the failure … Further, Defendants assert the information sought could be obtained through less intrusive means, “including through written discovery or the depositions of the KCSO’s Persons Most Qualified.” (Id.)

City of Fresno v. United States

709 F. Supp. 2d 934 · District Court, E.D. California · Jun 30, 2010

To show an “imminent and substantial” threat, the plaintiff must do more than establish the presence of solid or hazardous wastes at a site. Foster v. United States, 922 F.Supp. 642, 661 (D.D.C.1996). … Under Rule 702 if the basis for an expert’s opinion is clearly unreliable, the district court may disregard that opinion in deciding whether a party has created a genuine issue of material fact. See Daubert v.

Luis Arturo Amaya Merino v. Partnership Health Plan of California, et al.

District Court, E.D. California · Aug 13, 2026

“In order to 16 establish municipal liability [under Monell], a plaintiff must show that a ‘policy or custom’ 17 led to the plaintiff’s injury.” Castro v. … Title II of the ADA prohibits a public entity from discriminating against a qualified 16 individual with a disability. 42 U.S.C. § 12131, et seq.

Hill v. Novartis Pharmaceuticals Corp.

944 F. Supp. 2d 943 · District Court, E.D. California · May 10, 2013

IT WOULD ALSO BE REASONABLE TO CLEARLY KEEP REINFORCING THE NEED FOR MORE RESEARCH.” … .: ‘To date, cessation of bisphosphonate therapy appears to have no effect on established osteonecrosis, but further study is clearly needed.’

(PC) Garland v. CDCR

District Court, E.D. California · Jan 6, 2025

The 8 court may dismiss a claim as frivolous if it is based on an indisputably meritless legal theory or 9 where the factual contentions are clearly baseless. … Plaintiff’s Unruh Act claim fails because 8 a prison is not considered a “business establishment” within the meaning of the act. See Carter v. 9 City of Los Angeles, 169 Cal. Rptr. 3d 131, 144 (Ct.

(PS) Aderholt v. Cooper

District Court, E.D. California · Sep 28, 2023

However, a determination that a plaintiff qualifies financially for in forma 4 pauperis status does not complete the inquiry required by the statute. … Under this standard, a court must dismiss a 21 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 22 factual contentions are clearly baseless.

(PC) Keesee v. Stanislaus County

District Court, E.D. California · Apr 15, 2025

The court may, therefore, dismiss a claim as frivolous where it is based on an 28 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 1 490 U.S. at 327. … plaintiff signs his pleadings he represents to the court, among other things: (1) his 8 “claims . . . are warranted by existing law or by a nonfrivolous argument for extending, 9 modifying, or reversing existing law or for establishing

Daubert v. City of Lindsay

37 F. Supp. 3d 1168 · District Court, E.D. California · Aug 11, 2014

To establish Article III standing: *1176 “First, the plaintiff must have suffered an ‘injury in fact.’ … “Any state law requirement that a claim brought under the ADA be subjected to such a procedure, then, clearly conflicts with federal law.” O’Campo v. Chico Mall, LP, 758 F.Supp.2d 976, 985 (E.D.Cal.2010).

Rudas

District Court, E.D. California · Aug 26, 2026

Rudas is entitled to qualified immunity because he did not 8 violate Serrano’s rights under the Eighth Amendment. 9 D. … judgment on the basis of 7 qualified immunity.

(PC) Jones v. Bick

District Court, E.D. California · Feb 22, 2024

his compromised immunity. … immunity.

(PS) Atkinson v. Windsor El Camino Care Center

District Court, E.D. California · Oct 21, 2020

SCREENING 23 A determination that a plaintiff qualifies financially for in forma pauperis status does not 24 complete the inquiry required by the statute. … The allegations of the complaint thus establish that plaintiff and defendant Windsor 15 are citizens of the same state.

Sanchez v. County of Sacramento

District Court, E.D. California · Apr 6, 2020

In Neylon, the court held that the qualified 11 immunity defense was sufficiently pleaded because the defendants expressly identified 12 … the defense and the conduct entitled to immunity and asserted that the conduct did not 13 violate established law.

Rudas

District Court, E.D. California · Aug 26, 2026

Rudas is entitled to qualified immunity because he did not 8 violate Serrano’s rights under the Eighth Amendment. 9 D. … judgment on the basis of 7 qualified immunity.

(PC) Miller v. Diaz

District Court, E.D. California · Jul 31, 2025

Qualified Immunity 23 In the alternative, Defendants assert that they are entitled to qualified immunity in this 24 case because no official in their position would believe … The plaintiff bears the burden 14 of establishing that the right alleged was clearly established. Moran v.

(PC) Valencia v. San Juan

District Court, E.D. California · Jan 29, 2024

Civ. § 1368 (3d ed.). 3 “Judgment on the pleadings is proper when the moving party clearly establishes on the 4 face of the pleadings that no material issue of fact remains to be resolved and that it is entitled … Apparent 6 from the face the complaint, these facts are sufficient to establish that absolute immunity bars 7

Alo v. Goldsmith

District Court, E.D. California · May 10, 2023

Because Holt cannot establish 23 that he had a property interest in receiving PRHF funds, he cannot establish that he was entitled 24 to notice and a hearing under the due process clause.”). … Roth, 408 U.S. 564, 577 (1972) (“To 5 have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.

Hernandez v. Holt

District Court, E.D. California · Aug 24, 2020

Officers who have conducted a search or arrest pursuant to a 10 facially valid search warrant and reasonably relied on that warrant are entitled to qualified 11 immunity. Vandenburg v. Cty. of Riverside, 722 F. … “[T]here is a clearly established constitutional due process right not to be subjected 13 to criminal charges on the basis of false evidence that was deliberately fabricated by the 14 government.”

Estate of Christopher Temple v. County of Placer

District Court, E.D. California · Mar 28, 2025

Government Code § 820.2 on immunity grounds. … See A.E., 666 F.3d at 640 (“It would be 4 odd indeed if a plaintiff included in a Complaint allegations that would establish a basis for 5 finding discretionary act immunity on the part of government defendants.”).

California Ex Rel. California Department of Transportation v. City of South Lake Tahoe

466 F. Supp. 527 · District Court, E.D. California · Dec 22, 1978

While the Supreme Court did not clearly articulate the rationale for its conclusion in Colburn , the decision appears to have been based on the “law of the Union” doctrine 12 — i. e., on the theory that congressional consent … The City is clearly a “local agency” and a “public agency” within the meaning of CEQA, Cal.Pub.Res.Code §§ 21062, 21063 (West 1977), and must therefore prepare and certify the completion of an EIR on any project it proposes

Noriega & Alexander v. United States

859 F. Supp. 406 · District Court, E.D. California · May 17, 1994

Courts have clearly held, however, that the existence of prior federal tax hens gives the government a statutory priority over the interpleader plaintiffs ability to diminish the fund by an award of fees ... … The tax lien statutes establish a clear priority to inter-pleader funds in favor of the government.