Case law

(PS) Trail v. Wilkie

District Court, E.D. California · Apr 2, 2021

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) Smith v. Singh

District Court, E.D. California · Jan 23, 2023

Additionally, defendant claims qualified 23 immunity. … Plaintiff’s argument is at its core a difference of opinion 28 between him and defendant, and as such is insufficient to establish deliberate indifference.

(PC) Asberry v. Biter

District Court, E.D. California · Jun 28, 2022

Qualified Immunity 6 Qualified immunity applies when an official’s conduct does not violate clearly established 7 statutory or constitutional rights of which a reasonable … Officers are entitled to qualified immunity under Section 1983 unless 9 (1) the officers violate a federal a federal statutory or constitutional right, and (2) the 10 unlawfulness of their conduct was “clearly established

(PC) Flores v. Boudreaux

District Court, E.D. California · Mar 10, 2025

Judicial Immunity 17 Plaintiff attempts to bring suit against Superior Court Judges Reyes. … injunction 11 that goes beyond maintaining the status quo pendente lite, ‘courts should be extremely cautious’ 12 about issuing a preliminary injunction and should not grant such relief unless the facts and law 13 clearly

Bai

District Court, E.D. California · Mar 31, 2026

But 6 the actual allegations in the SAC clearly allege conduct beyond “[s]imply performing 7 services for the enterprise . . . .” Walter v. … ’s Agent’s 16 Immunity Rule.

Wilson v. Timec Services Co.,.

District Court, E.D. California · Jun 10, 2024

must be clearly so 4 designated before the material is disclosed or produced. … If only a portion or 19 portions of the material on a page qualifies for protection, the Producing Party also must clearly 20 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 21

(PC) Williams v. Casanova

District Court, E.D. California · Jun 8, 2020

There is 11 simply inadequate evidence to make that showing. 12 Defendants also argue that they are entitled to qualified immunity. … (Doc. 51-1 at 10-12.) 13 Because the Court finds that Plaintiff’s constitutional rights were not violated, the Court does not 14 address the matter of qualified immunity or whether Plaintiff’s rights were clearly established

Cargill v. County of Fresno

District Court, E.D. California · Jul 29, 2025

If only a 4 portion or portions of the material on a page qualifies for protection, the Producing Party also must 5 clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). … If only a portion or portions of the material on a page qualifies for 14 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 15 appropriate markings in the margins).

Smith v. Mcdonalds Incorporated

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

16 DISCUSSION 17 Plaintiff’s complaint fails to comply with Federal Rule of Civil Procedure 8 and fails to 18 establish … While the complaint is short, 9 it does not clearly state what happened.

Avalos v. Cedana

District Court, E.D. California · Jan 26, 2024

If only a 16 portion or portions of the material on a page qualifies for protection, the Producing Party also must 17 clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 18 … If only a portion or portions of the material 26 on a page qualifies for protection, the Producing Party also must clearly identify the protected 27 portion(s) (e.g., by making appropriate markings in the margins).

United States v. Liquid Sugars, Inc.

94 Daily Journal DAR 15049 · District Court, E.D. California · Sep 21, 1994

Indeed, the majority in Iglesias clearly had the opportunity to read the dissent before publication. … Further, the government will be required to establish a foundation for the test *472 results when it first puts its expert on the stand at trial. That foundation is the information which defendants now seek.

Dodson

District Court, E.D. California · Sep 23, 2025

IFP statute requires federal courts to dismiss a case if the action is legally 24 “frivolous or malicious,” fails to state a claim upon which relief may be granted or seeks 25 monetary relief from a defendant who is immune … Rather, the Copyright Act grants the copyright holder ‘exclusive’ rights to use and to 26 authorize the use of his work in five qualified ways, including reproduction of the copyrighted 27 work in copies.”

(PS) Olson v. Hornbook Community Services District

District Court, E.D. California · Apr 13, 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.

Bregante v. Community Psychiatry Management LLC

District Court, E.D. California · Jan 30, 2025

If only a 12 portion or portions of the material on a page qualifies for protection, the Producing Party also must 13 clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins) … If only a portion or portions of the material on a page qualifies 22 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 23 making appropriate markings in the margins).

(PS) Atsbaha v. Barr

District Court, E.D. California · Nov 15, 2019

However, a determination that a plaintiff qualifies financially for in forma 4 pauperis status does not complete the inquiry required by the statute. … “In a failure-to-promote case, a plaintiff may establish a 7 prima facie case of discrimination in violation of the ADEA by producing evidence that he or she 8 was (1) at least forty years old, (2) qualified for the position

(PS) Van den Heuvel v. Sooth

District Court, E.D. California · Apr 21, 2023

To do so, plaintiff must allege sufficient facts to establish: (1) he is 27 a qualified individual with a disability; (2) he was either excluded from participation in or denied 28 the benefits of a public entity's services … This is because Sooth, as a court clerk, appears to have been acting as an 10 employee of the court, and would therefore be eligible for absolute judicial immunity. See 11 Demoran v.

Verduzco v. St. Mary's High School

District Court, E.D. California · Oct 11, 2024

If only a portion or portions 5 of the material on a page qualifies for protection, the Producing Party also must clearly identify the 6 protected portion(s) (e.g., by making appropriate markings in the margins). … 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) (e.g., by making 16 appropriate markings in the margins).

Mansoor

District Court, E.D. California · Jul 27, 2026

QUALIFIED IMMUNITY 8 In the alternative, defendant argues that he is entitled to qualified immunity. (ECF No. 26 9 at 14-17.) … Because this Court finds that defendant is entitled to summary judgment on plaintiff’s 10 Eighth Amendment claim, the Court declines to reach the alternative qualified immunity 11 argument.

(PS) Chief Federal Judge Stephen Guttenberg v. Wood

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

Further, defendant Wood is immune from this action. … Plaintiff has not established diversity jurisdiction. 1 Consequently, the complaint should be dismissed without leave to amend.

(PS) Sweeting v. FBI

District Court, E.D. California · Apr 23, 2024

However, a determination that a plaintiff qualifies financially for in forma 4 pauperis status does not complete the inquiry required by the statute. … time if the allegation of 16 poverty is found to be untrue or if it is determined that the action is frivolous or malicious, fails to 17 state a claim on which relief may be granted, or seeks monetary relief against an immune