Case law
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District Court, E.D. California · Feb 28, 2025
If only a 15 portion or portions of the material on a page qualifies for protection, the Producing Party also 16 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 17 margins … If only a portion or 26 portions of the material on a page qualifies for protection, the Producing Party also must clearly 27
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 12, 2025
Moreover, plaintiff’s claim that defendant engaged in “false, 20 deceptive, and misleading acts and practices” in violation of state law does not establish federal 21 jurisdiction. … set forth her various claims in separate sections and clearly identify which defendants are allegedly at fault for each claim (e.g., Claim I against defendants X, Y, and Z, 4 Claim II against defendants
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 29, 2024
If only a portion 9 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 10 identify the protected portion(s) (e.g., by making appropriate markings in the margins.) 11 … If only a portion or portions of the material 19 on a page qualifies for protection, the Producing Party also must clearly identify the protected 20 portion(s) (e.g., by making appropriate markings in the margins).
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 30, 2025
“To establish a violation 20 of Title II of the ADA, a plaintiff must show that (1) [ ]he is a qualified individual with a 21 disability; (2) [ ]he was excluded from participation in or otherwise discriminated against … Retaliation 16 The right of access to the courts extends to the exercise of established prison grievance 17 procedures, Bradley v.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 15, 2024
If only a portion or portions of the material on a page qualifies for 15 protection, the Producing Party also must clearly identify the protected portion(s) 16 (e.g., by making appropriate markings in the margins). … If only a portion or portions of 26 the material on a page qualifies for protection, the Producing Party also must clearly 27 identify the protected portion(s) (e.g., by making appropriate markings in the 1 (b)
Cited 0 timesUnknownCrozier v. Valley Health Team, Inc.
District Court, E.D. California · Jul 3, 2024
“To state a 1 claim for medical negligence or malpractice under California law, Plaintiff must establish ‘(1) 2 the duty of the professional to use such skill, prudence, and diligence as other members of his 3 profession … This is 22 particularly so since the FTCA waives sovereign immunity. Any such waiver must be strictly 23 construed in favor of the United States.’” Brady, 211 F.3d at 502 (quoting Jerves v.
Cited 0 timesUnknownBrooks v. County of San Joaquin
275 F.R.D. 528 · District Court, E.D. California · Jul 5, 2011
Further, the party asserting a privilege has the burden to establish that it applies. See, e.g., United States v. O’Neill, 619 F.2d 222, 227 (3rd Cir.1980). … This federal “qualified” governmental privilege is consistent with California statutes according a qualified privilege to peace officer personnel records. 6 Cal.Penal Code § 832.7. 7 Disclosure requires “good cause” (Cal.
Cited 6 timesPublishedDistrict Court, E.D. California · Feb 1, 2023
SCREENING 22 A determination that a plaintiff qualifies financially for in forma pauperis status does not 23 complete the inquiry required by the statute. … IFP statute requires federal courts to 24 dismiss a case if the action is legally “frivolous or malicious,” fails to state a claim upon which 25 relief may be granted, or seeks monetary relief from a defendant who is immune
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 27, 2024
immunity. … The matter is referred back to the Magistrate Judge to determine whether 21 | Defendant is entitled to qualified immunity, and whether summary judgement should 22 | be granted on that basis. 23 IT IS SO
Cited 0 timesUnknown(PC) Rodriguez v. State of California
District Court, E.D. California · Sep 3, 2025
complaint or portion thereof if the prisoner has raised claims that are legally 4 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 5 monetary relief from a defendant who is immune … “To establish a 22 violation of Title II of the ADA, a plaintiff must show that (1) [he] is a qualified individual with a 23 disability; (2) [he] was excluded from participation in or otherwise discriminated against with
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 18, 2025
Even assuming Plaintiff has established 20 sufficient evidence to support his excessive force claim, Defendant contends that he is qualifiedly 21 immune to this claim. … immunity.
Cited 0 timesUnknown404 F. Supp. 2d 1226 · District Court, E.D. California · Sep 30, 2005
In short, plaintiff has failed to establish that he is likely to succeed on the merits of his claim. … Plaintiff has also failed to establish that he will suffer irreparable harm should an injunction not issue.
Cited 11 timesPublished(PS) Miessek v. Marine Kingdom
District Court, E.D. California · May 30, 2024
Legal Standard 23 A determination that a plaintiff qualifies financially for in forma pauperis status does not 24 complete the inquiry required by the statute. … IFP statute requires federal courts to 25 dismiss a case if the action is legally “frivolous or malicious,” fails to state a claim upon which 26 relief may be granted or seeks monetary relief from a defendant who is immune
Cited 0 timesUnknownFirebaugh Canal Water District v. United States
819 F. Supp. 2d 1057 · District Court, E.D. California · Sep 30, 2011
This does not establish that all of Plaintiffs’ injuries can be redressed by a favorable ruling in this case. B. … Juxtaposition of section 1(a)(2) with section 5 establishes that Congress clearly drew a distinction between a drainage system designed to meet the requirements of the San Luis Unit (originally, the interceptor drain) and
Cited 1 timesPublishedJC Produce, Inc. v. Paragon Steakhouse Restaurants, Inc.
70 F. Supp. 2d 1119 · District Court, E.D. California · Oct 20, 1999
H.R.Rep. 98-543, 98th Cong.lst Sess.1983, reprinted in 1984 U.S.C.C.A.N. 405, but does not appear to bear on the power of PACA trust beneficiaries to enforce their statutory rights. 7 Because PACA’s definition of “dealer” clearly … The statute specifically exempts several classes of persons that might otherwise qualify as dealers.
Cited 19 timesPublishedDistrict Court, E.D. California · Jan 12, 2023
However, there is no evidence to establish that plaintiff is qualified to offer 20 testimony regarding the proper interpretation of his medical records. See Fed. R. … PT would have 14 believed that writing a valid RVR against a verbally abusive inmate was a violation of clearly 15 established rights.”
Cited 0 timesUnknownGoodwin v. State Farm General Insurance Company
District Court, E.D. California · Aug 21, 2024
Stahl, 254 F.3d 845 (9th Cir. 2001) (dismissal required of in forma pauperis proceedings which seek monetary relief from immune defendants); Cato v. … Sysco Food Servs. of Arizona, Inc., 374 F.3d 6 840, 847 (9th Cir. 2004) (to establish a prima facie case for Title VII discrimination, plaintiff 7 must show: (1) they are a member of a protected class; (2) they were qualified
Cited 0 timesUnknownAlcaraz v. Wachovia Mortgage FSB
592 F. Supp. 2d 1296 · District Court, E.D. California · Jan 6, 2009
Qualifying Ms. Alcaraz for an unaffordable loan; and 10. A (tenth) quiet title cause of action that the Wachovia defendants lack a lien or interest in the property. … Clearly, loss of a home is a serious injury. However, the record suggests that Ms.
Cited 5 timesPublishedDistrict Court, E.D. California · Dec 3, 2024
If only a portion 27 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 1 A Party or Non-Party that makes original documents or materials available for inspection need … If only a portion or portions of the material on a page qualifies for protection, the 9 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 10 markings in the margins).
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 3, 2022
He also claims qualified immunity. … Given the absence of a triable issue on □□□□□□□□□□□ 17 || deliberate indifference claim as against Defendant Wetterer, Defendant’s assertion of qualified 18 | immunity does not bear evaluation here. 19
Cited 0 timesUnknown
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