Case law

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  • (PC) Kidwell v. California Department of Corrections and Rehabilitations

    District Court, E.D. California · Jun 27, 2022

    Inarguable legal claims include “claims of infringement of a legal interest 23 which clearly does not exist.” … “It has long been established that judges are absolutely immune from liability for 5 acts ‘done by them in the exercise of their judicial functions.’” Miller v.

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  • (PS) Van den Heuvel v. Starbucks Coffee

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

    SCREENING 22 A determination that a plaintiff qualifies financially for in forma pauperis status does not 23 complete the inquiry required by the statute. … In reviewing a complaint under this standard, the 8 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 9 are clearly baseless or fanciful, (2) construe those allegations

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  • Escamilla v. State of California

    District Court, E.D. California · Feb 4, 2025

    Except as otherwise provided 8 in this Order, material that qualifies for protection under this Order must be clearly 9 so designated before the material is disclosed or produced. … If only a 15 portion or portions of the material on a page qualifies for protection, the 16 Producing Party also must clearly identify the protected portion(s) (e.g., 17 by making appropriate

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  • Alejandre v. County of San Joaquin

    District Court, E.D. California · Dec 17, 2019

    Except as otherwise provided in this 4 || Order, or as otherwise stipulated or ordered, material that qualifies for protection under this Order 5 || must be clearly so designated before the material is disclosed … If only a portion or portions of the material on a page qualifies for protection, the 11 || Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 12 || markings in the margins)

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  • CONSORTIUM OF COM. BASED ORGANIZATIONS v. Donovan

    530 F. Supp. 520 · District Court, E.D. California · Jan 11, 1982

    Contrary to plaintiffs' arguments, Section 816( l ) does not clearly and unambiguously create a private right of action. … In this regard 28 U.S.C. § 816 establishes a bi-level administrative grievance procedure.

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  • Olfati v. City of Sacramento

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

    the existence of a factual dispute, the opposing party need not 14 establish a material issue of fact conclusively in its favor. … Plaintiff argues the City is “liable under California Government Code Section 815.2(a)” 11 while the individual defendants are “liable under California Government Code Section 820(a) and 12 there is no qualified immunity

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  • Lund v. Datzman

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

    immunity. … Plaintiff contends the Due 11 Process Clause of the Fourteenth Amendment requires adequate notice to be given before seizing 12 private property and that right is clearly established.

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  • Craig Edmonds v. Mutual Housing, et al.

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

    identify any cognizable claims and 26 dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon 27 which relief may be granted, or seeks monetary relief from a defendant who is immune … App. 2004). 26 Plaintiff has failed to establish the elements of a FHA or FEHA claim.

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  • Accornero

    District Court, E.D. California · Feb 10, 2026

    If only 4 a portion or portions of the material on a page qualifies for protection, the Producing Party also 5 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 6 margins). … If 15 only a portion or portions of the material on a page qualifies for protection, the Producing Party 16 also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 17 margins

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  • (PC) Legare v. Burden

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

    or portion thereof if the prisoner has raised claims that are 10 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 11 that seek monetary relief from a defendant who is immune … Defendant Kim and others denied 19 Plaintiff adequate, basic, lawful treatment that he begged for in writing. 20 Defendants have clearly displayed a shameful disregard toward Plaintiff’s deadly 21 disease, particularly

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  • (PC) Jeffrey T. Eastman v. Westbrook

    District Court, E.D. California · Sep 27, 2021

    Plaintiff’s pre-medical immune disorder was not taken into 1 consideration. … City of Ellensburg, 869 F.2d 1230, 1233-34 (9th Cir. 1989) (single incident 11 of excessive force inadequate to establish liability), Meehan v.

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  • (PC) Spencer v. Pulido-Esparza

    District Court, E.D. California · Apr 7, 2023

    Plaintiff alleges he is a qualified individual with a disability and is 10 designated an intermittent wheelchair user who needs a wheelchair outside of his cell, but does 11 not qualify to sit (and must stand) while inside … Amendment immunity also extends to state officials sued in their official 22 capacities.

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  • (PC) Harris, Jr. v. Randle

    District Court, E.D. California · Jul 19, 2021

    The court may dismiss a claim as frivolous where it is based on an indisputably 18 meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 19 327. … , but are not 27 limited to, quasi-judicial immunity, sovereign immunity, or qualified immunity.

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  • Hook v. City of Redding

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

    6 immunity with regard to the federal claims; (4) Nicole was not denied medical care; 7 (5) officers did not act with a purpose to harm as required to show a due process 8 violation; (6) Plaintiffs cannot establish … Tyler had been behaving belligerently for an extended 26 period of time, was clearly angry and was acting in an aggressive manner.

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  • Tri Tool, Inc. v. Hales

    District Court, E.D. California · Dec 21, 2022

    If only a portion or portions of the 16 material on 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) and … This 11 provision is not intended to modify whatever procedure may be established in an e-discovery 12 order that provides for production without prior privilege review.

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  • Ruelaz v. Leprino Foods Company

    District Court, E.D. California · Apr 1, 2025

    If only a 8 portion or portions of the material on a page qualifies for protection, the Producing Party also must 9 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 18 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 19 appropriate markings in the margins).

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  • (PC) Timberland v. Mascarenas

    District Court, E.D. California · Dec 16, 2020

    “Qualified immunity shields government officials from civil 12 damages liability unless the official violated a statutory or constitutional right that was clearly 13 established at the time of the challenged … Qualified immunity analysis requires two prongs of inquiry: “(1) whether ‘the facts 16 alleged show the official’s conduct violated a constitutional right; and (2) if so, whether the right 17 was clearly established

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  • Henderson v. Bakersfield Police Department

    District Court, E.D. California · Feb 11, 2022

    City of Orange, 485 F.3d 463, 476 (9th Cir. 2007) 2 (Stating it was “clearly established long ago that an officer may not conduct a warrantless arrest 3 absent probable cause.”). … This immunity extends to actions during both the pre-trial and posttrial phases of a 23 case. See Demery v.

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  • Ramos v. FCA U.S. LLC

    385 F. Supp. 3d 1056 · District Court, E.D. California · May 15, 2019

    Moreover, Plaintiffs clearly believe that the PowerNet is different from the TIPM system, at least to a significant degree: Plaintiffs attempted to amend their fraudulent concealment claim to allege that Plaintiffs' vehicle … There is no evidence before the Court demonstrating that Kalinoski and Luna are qualified to opine about such technical automotive matters and, in fact, the evidence suggests that they are not qualified. See Fed. R.

    Cited 2 timesPublished
  • (PC) Webb v. Llamas

    District Court, E.D. California · Nov 29, 2023

    Qualified Immunity 23 In the alternative, Defendants assert a right to qualified immunity. … The defense of qualified 24 immunity shields government officials from liability. Taylor v.

    Cited 0 timesUnknown

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