Case law

(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.

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.

(PS) Nasiri v. Pfizer, Inc.

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

Section 1983 exists to 19 redress violations of rights, privileges, or immunities secured by the Constitution and federal laws 20 by a person or entity acting under the color of state law. See 42 U.S.C. § 1983. … The complaint’s allegations and legal theories are clearly pleaded and 2 || establish that the deficiencies cannot be cured by amendment.

(PC) Martinez v. Tarrant

District Court, E.D. California · Mar 22, 2024

The court may dismiss a claim as frivolous if it is based on an indisputably meritless legal 15 theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … In order to state a claim for the use of excessive force in violation of the Eighth 28 Amendment, a plaintiff must establish that prison officials applied force maliciously and 1 sadistically to cause harm, rather than

CALIFORNIA LEGISLATIVE COUN., OLDER AMER. v. Weinberger

375 F. Supp. 216 · District Court, E.D. California · Apr 5, 1974

Even if an action falls within an exception to the bar of sovereign immunity, it may still fail if the relief sought would "require affirmative action by the sovereign or the disposition of unquestionably sovereign property … This allowance was clearly an offset to the direct impact which P.L. 92-603 had on the Food Stamp Program.

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.

Rodriguez v. Nissan North America, Inc.

District Court, E.D. California · Sep 3, 2025

If only a portion or portions of the material on a page 13 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 14 by making appropriate markings in the margins). … If only a portion or portions of the material on a page qualifies for 23 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 24 appropriate markings in the margins).

(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.

Sanchez Flores v. County of Tehama

District Court, E.D. California · Feb 16, 2023

Except as otherwise provided in this Order, 6 or as otherwise stipulated or ordered, material that qualifies for protection under this Order must 7 be clearly so designated before the material is disclosed or produced … If only a portion or portions of the material 23 on a page qualifies for protection, the Producing Party also must clearly identify the protected 24 portion(s) (e.g., by making appropriate markings in the margins).

(PC) Singh v. Blizzard

District Court, E.D. California · Apr 24, 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.

Terry

District Court, E.D. California · Nov 14, 2025

If only a portion or portions of the material on a page 7 qualifies for protection, the Producing Party also must clearly identify the protected 8 portion(s) (e.g., by making appropriate markings in the margins). … If only a portion or portions 18 of the material on a page qualifies for protection, the Producing Party also must clearly 19 identify the protected portion(s) (e.g., by making appropriate markings in the

Andrews Farms v. Calcot, Ltd.

258 F.R.D. 640 · District Court, E.D. California · Aug 5, 2009

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. … A fair examination of alternatives can only result in the apodictic conclusion that a class action is the clearly preferred procedure in this case. Id.

Lewis v. Russell

838 F. Supp. 2d 1063 · District Court, E.D. California · Jan 23, 2012

These cases only establish that capacity may not be raised on the eve of trial, not that capacity is waived if it is not included in the responsive pleadings. … McCarthy, 998 F.2d 638, 639 (9th Cir.1993) (holding that qualified immunity affirmative defense may be raised for the first time at summary judgment where there is no prejudice to the plaintiff); Rivera v.

(PC) Singh v. Blizzard

District Court, E.D. California · May 31, 2024

However, a determination that a plaintiff qualifies financially for in forma 4 pauperis status does not complete the inquiry required by the statute. … In this regard, “the proponent of the stay 2 | bears the burden of establishing its need.” Clinton v.

Gonzales v. Allstate Ins. Co.

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

If only a portion or po rtions of the material on a page qualifies 26 for protection, the Producing Party also mu st clearly identify the protected portion(s) 27 (e.g., by making appropriate markings in the margins) … If only a portion or portions of the material on a page 12 qualifies for protection, the Producing Party also must clearly identify the protected 13 portion(s) (e.g., by making appropriate markings in the margins) and

Conanan

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

Conanan is not entitled to 20 qualified immunity. 21 In response, Defendant argues Plaintiff has failed to create a material dispute of fact as he 22 concedes she … immunity. 17

Bernal v. Sacramento County Sheriff Department

District Court, E.D. California · Mar 14, 2023

12 immunity. … Counsel also continued to 21 make meritless and/or irrelevant arguments as to Ryan’s individual profile, Plaintiffs’ 22 consent or lack thereof, and whether he believes qualified immunity should be available 23 as a

Keeton v. Powerschool Group LLC

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

If only a portion or portions of the material on a page 24 qualifies for protection, the Producing Party also must clearly identify the protected 25 portion(s) (e.g., by making appropriate markings in the margins) and … If only a portion or portions of the material on a page 9 qualifies for protection, the Producing Party also must clearly identify the protected 10 portion(s) (e.g., by making appropriate markings in the margins) and

(PC)Kauth

District Court, E.D. California · Feb 17, 2026

6 immunity.” … immunity because it has determined that Defendant is entitled to judgment on the merits 16 as discussed above. 17 VI.

(PC) Simon v. State of California

District Court, E.D. California · Aug 12, 2021

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 4 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Michigan Department of State Police, 491 U.S. 58 (1989),] 15 establishes that the State and arms of the State, which have traditionally enjoyed Eleventh 16 Amendment immunity, are not subject to suit under § 1983 in either