Case law

(PS)Singh v. United States Government

District Court, E.D. California · Nov 25, 2019

Plaintiff, however, has failed to establish the court’s jurisdiction over his claims. 4 As a sovereign, the United States is immune from suit except according to its consent to 5 be sued. Lehman v. … United States, 66 F.3d 220, 222-23 (9th Cir. 1995) (“[B]ased upon the plain 4 language of the statute [§ 7433], which is clearly supported by the statute’s legislative history, a 5 taxpayer cannot seek damages under §

Chavez v. Cal-Fire

District Court, E.D. California · Nov 22, 2021

Claims are frivolous where they are based on an indisputably meritless legal theory or 13 where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … Examples of immunity that would preclude relief during screening, include, but are not 18 limited to, quasi-judicial immunity, sovereign immunity, or qualified immunity.

DeFilippo v. County of Stanislaus

District Court, E.D. California · Sep 11, 2023

The ultimate warrant was a 325-page “unorganized, 21 rambling document” that failed to establish probable cause. ( at 23–25.) … Prosecutorial Immunity under Cal.

Abhat

District Court, E.D. California · Apr 1, 2026

If only a portion or portions of the material on 16 a page qualifies for protection, the Producing Party also must clearly identify the 17 protected portion(s) (e.g., by making appropriate markings in the margins). … If only a portion or portions of 27 the material on a page qualifies for protection, the Producing Party also must clearly 28 2 margins).

(PC) Snowden v. Tate

District Court, E.D. California · Oct 25, 2022

Qualified Immunity 10 In the alternative, Defendants assert a right to qualified immunity. … Qualified immunity only becomes relevant if a court determines that a 13 constitutional violation has occurred.

Abarca v. Franklin County Water District

761 F. Supp. 2d 1007 · District Court, E.D. California · Jan 5, 2011

Sears, are you qualified to calculate air emissions? A. Yes, I believe so. Q. And why do you feel that you’re qualified to do that? A. … In this modeling protocol, one of the first steps is to establish clearly the purpose of the model. The second step would be to develop a conceptual model. Q. What does that mean? A.

Collins v. Biden

District Court, E.D. California · Nov 12, 2024

Rather, in his statement of his claims, Plaintiff states: “Precedents of law 8 establish by court case which are in violation of law, render violation … prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or 12 advocacy in a legal manner, toward or in favor of the election of any lawfully qualified

(PC) Khademi v. Attorney General of California

District Court, E.D. California · Feb 9, 2024

It is well established that a layperson cannot ordinarily 14 represent the interests of a class. See McShane v. … In that case, defendant California Attorney General is 11 entitled to absolute immunity.

Fong

District Court, E.D. California · Mar 5, 2026

If only a portion 11 or portions of the material on a page qualifies for protection, the Producing Party also must 12 clearly identify the protected portion(s) (e.g., by making appropriate markings in the … If only a portion or 21 portions of the material on a page qualifies for protection, the Producing Party also must clearly 22 identify the protected portion(s) (e.g., by making appropriate markings in the

(PC) Head v. County of Sacramento

District Court, E.D. California · Dec 16, 2019

Determining whether a prosecutor’s actions are immunized requires a 1 functional analysis. … Code § 335.1 (establishing a two year statute of limitations for personal injury actions occurring after January1, 2003); Cal. Civ. Proc.

(PC) Coffer v. Mosely

District Court, E.D. California · Jun 17, 2025

complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … does not voluntarily dismiss this action 21 within thirty days, this Court will recommend that the claims against defendant Purtle be 22 2 Qualifying

Johnson v. Orr

617 F. Supp. 170 · District Court, E.D. California · Mar 14, 1985

The court was careful to qualify its holding so as not to suggest that matters not touching upon public concern are totally beyond the protection of the First Amendment. … As such, it does no more than establish clearly and uncategorically that plaintiff is a homosexual. Accordingly, the letter fails to overcome the rule in Connick v. Myers supra.

Jackson National Life Insurance Company v. Lim

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

If only 19 || a portion or portions of the material on a page qualifies for protection, the Producing Party also 20 {| must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 21 || margins … If 12 || only a portion of the material on a page qualifies for protection, the Producing Party also must 13 || clearly identify the protected portions(s) (e.g., by making appropriate marking in the margins). 14

Massengale v. Green Jr.

District Court, E.D. California · Aug 20, 2024

A court may dismiss a claim as frivolous where it is based on an indisputably 5 meritless legal theory or where the factual contentions are clearly baseless. … It is well established that a prosecutor 9 enjoys absolute immunity from suits for damages when he acts within the scope of his 10 prosecutorial duties. See Imbler v.

Lingad v. Indymac Federal Bank

682 F. Supp. 2d 1142 · District Court, E.D. California · Jan 29, 2010

Plaintiffs allegations against MortgagelT are also insufficient to establish that MortgagelT owed him a duty of care. … Plaintiffs fraud claims clearly fail to satisfy the requirements of Rule 9(b).

(PS) Ehrenreich v. Padilla

District Court, E.D. California · Jan 25, 2021

pauperis statute authorizes federal courts to dismiss a case if the 25 action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted, 26 or seeks monetary relief from a defendant who is immune … To qualify as a write-in candidate, plaintiff needed to 11 obtain the endorsement of 55 presidential electors.

Walker v. Child Protective Services

District Court, E.D. California · May 24, 2022

In those instances, only qualified, not absolute, immunity is available. Miller, 335 F.3d 25 at 898. … The amended complaint should be clearly titled “First Amended Complaint,” 25 refer to the appropriate case number, and be an original signed under penalty of perjury. 26 Plaintiff has a choice as to how to proceed

(PS) Cody v. California Superior Court in and for Trinity County

District Court, E.D. California · Mar 25, 2020

Thus, the Ninth Circuit has consistently held that state courts are 12 immune from suit pursuant to the Eleventh Amendment, and 42 U.S.C. § 1983 does not affect 13 this immunity. See Simmons v. Sacramento Cty. … It is obvious that this federal court cannot 12 restore plaintiffs’ right to a fair trial without overturning a state court judgment, something clearly 13 precluded by Rooker-Feldman.

(PC) Matthews v. Pinchback

District Court, E.D. California · Feb 5, 2025

Except as otherwise provided in this Order, 3 or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 4 protection under this Order must be clearly so designated before the material … If only a portion or portions of the 11 material on a page qualifies for protection, the Producing Party also must clearly identify the 12 protected portion(s) (e.g., by making appropriate markings in the margins) and

(PC)Elliott v. Lynch

District Court, E.D. California · Feb 20, 2024

Pending before the court is Defendant’s motion to dismiss 19 arguing: (1) Plaintiff fails to state facts sufficient to sustain his Eighth Amendment claim; and (2) 20 Defendant Campos is entitled to qualified immunity. … The very obviousness of the risk may suffice to establish the knowledge element. 9 See Wallis v. Baldwin, 70 F.3d 1074, 1077 (9th Cir. 1995).