Case law

Andrews Farms v. Calcot, Ltd.

693 F. Supp. 2d 1154 · District Court, E.D. California · Feb 16, 2010

Calcot also employs a seasonal per unit qualified retains system. In each crop year in which a grower participates as a member of Calcot, the grower/member pays qualified retains of $4.00 per bale of cotton delivered. … “Although the doctrine applies to a court’s explicit decisions as well as those issues decided by necessary implication, it clearly does not extend to issues an appellate court did not address.” Id.

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.

Keen v. American Home Mortgage Servicing, Inc.

664 F. Supp. 2d 1086 · District Court, E.D. California · Oct 21, 2009

The loan servicer also has a duty to respond to a borrower’s inquiry or “qualified written request.” 12 U.S.C. § 2605 (e). … “To establish a breach of an implied covenant of good faith and fair dealing, a plaintiff must establish the existence of a contractual obligation, along with conduct that frustrates the other party’s rights to benefit from

(PC) Beinlick v. Pfile

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

immunity. … immunity.

M.M. v. San Juan Unified School District

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

Indeed, the high court clearly 21 established that even a young student’s behavior may rise to the level of the “severe, pervasive, 22 and objectively offensive behavior” contemplated under Title IX. Id. … Within the context of a student-on-student harassment claim, deliberate indifference is 27 established when “the school’s ‘response to the harassment or lack thereof [was] clearly 28 unreasonable in light of the known

(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

Swedlow v. Department of the Treasury, Internal Revenue Service

District Court, E.D. California · Mar 7, 2022

Furthermore, to overcome 25 sovereign immunity in a tax refund action, the taxpayer must file a refund claim with the IRS 26 within the time limits established by the Internal Revenue Code. N. Life Ins. Co. v. … Aug. 3, 2021)). 12 Regardless, Plaintiff cannot establish he is entitled to the relief he seeks pursuant to the 13 CARES Act.

Kellogg v. City of Stockton

District Court, E.D. California · Aug 24, 2023

If only a portion 23 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 24 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 6 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 7 making appropriate markings in the margins).

Hernandez v. Holt

District Court, E.D. California · Mar 3, 2021

immunity. 22 Vandenburg v. … “[T]here is a clearly established constitutional due 17 process right not to be subjected to criminal charges on the basis of false evidence that was 18 deliberately fabricated by the government.” Devereaux v.

Taylor v. IRS

District Court, E.D. California · Feb 27, 2023

If a plaintiff 15 cannot establish that its action against the United States falls within a waiver of sovereign 16 immunity, the action must be dismissed. See Dunn & Black, P.S. v. … Specifically, the CARES Act 6 established a tax credit for eligible individuals in the amount of $1,200 ($2,400 if filing a joint 7 return), plus $500 multiplied by the number of qualifying children. 26 U.S.C. § 6428

Pfeiffer

District Court, E.D. California · Jan 21, 2026

To establish a violation of the Eighth 20 Amendment, the prisoner must “show that the officials acted with deliberate indifference . . .” 21 Labatad v. Corrs. … Ct. 52, 53–54 (2020) (finding no qualified immunity to officers who 24 housed inmate “in cells teeming with human waste” for six days). 25 At the pleading stage, Plaintiff states a cognizable claim for unconstitutional

(PC) Stewart v. Ponce

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

Defendants also 21 assert that they are entitled to summary judgment based on qualified immunity. … immunity. 1 VII.

Bailey v. County of San Joaquin

671 F. Supp. 2d 1167 · District Court, E.D. California · Nov 16, 2009

Qualified Immunity Based on the discussion of clearly established law above, and viewing the facts in the light most favorable to plaintiffs, no reasonable officer in Breitmaier’s position could believe that his actions were … Breitmaier further argues that plaintiffs cannot establish proximate cause between his breach and their injuries.

Anthony Vinyards v. Natural Plant Protection

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

An occurrence that merely motivates an optional decision does not qualify as a 2 requirement.” Bates, 544 U.S. at 443. … However, Plaintiff’s FAC clearly 1 demonstrates that it only seeks monetary damages, and it does not request Defendants take any 2 action or make any modifications to its label. (Doc. 29 at 5–6.)

Ponce v. Housing Authority of County of Tulare

389 F. Supp. 635 · District Court, E.D. California · Jan 16, 1975

The procedure will be similar to that provided in this section for establishing and approving rental charges initially.” … Plaintiffs are represented by well-qualified attorneys, so the quality of representation is not in question.

Vue v. County of Yuba

District Court, E.D. California · May 23, 2022

If only a portion or 9 portions of the material on a page qualifies for protection, the Producing Party also must clearly identify 10 the protected portion(s) (e.g., by making appropriate markings in the margins) and … If only a portion or portions of the material on a page 22 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 23 making appropriate markings in the margins) and

Shannon O. Murphy Esq. Sr. dba Sheetmetal & Associates v. U.S. Department of Veterans Affairs

District Court, E.D. California · Sep 16, 2025

Accordingly, Defendant is immune from suit and should be dismissed. 7 C. … Cal. 3 || 2021) (discussing plaintiff's repeated failure to establish subject matter jurisdiction and 4 | satisfy the pleading standard); Murphy v.

(PC) Howard v. Rodriguez

District Court, E.D. California · Jul 3, 2024

Aug. 8, 2017) (“Supervisor defendants 18 are entitled to qualified immunity where the allegations against them are simply ‘bald’ or 19 ‘conclusory’ because such allegations do not ‘plausibly’ establish the supervisors … In addition, Plaintiff has failed to demonstrate that his deprivation 23 resulted from an official policy or custom established by a policymaker possessed with final 24 authority to establish that policy.

Diaz

District Court, E.D. California · Aug 12, 2026

If only a portion or portions of the material on a page qualifies for protection, the 10 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 11 markings in the margins … This provision is not intended to 14 modify whatever procedure may be established in an e-discovery order that provides for production 15 without prior privilege review.