Case law

Cavarra

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

If only a portion or portions of the material on a page 6 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 7 by making appropriate markings in the margins) and … This provision 19 is not intended to modify whatever procedure may be established in an e-discovery order that 20 provides for production without prior privilege review.

Sherriff

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

complaint, or any portion thereof, is subject to dismissal if it is frivolous 22 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 23 relief from a defendant who is immune … Sherriff, acknowledges ‘my authority as 16 government’ been established to create ‘plans’ for sports, property, Hollywood, and the federal courts. [¶] Kirk E.

(PS) Shoaga v. Nelson III

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

Plaintiff characterizes the “hiring of a less qualified worker” as unexplained, malicious, 18 unfair, and insulting. (Id., ¶ 12.) … Cal. 2 Sept. 15, 2009) (dismissing Title VII complaint where plaintiff “fails to establish that he is a 3 member of a protected class.

Estate of Ariel Torres, deceased, by and through Albertano Torres (Father) as successor in interest, and individually v. California Department of Corrections and Rehabilitation, et al.

District Court, E.D. California · Nov 25, 2025

Order must be clearly so 23 designated before the material is disclosed or produced. … If 10 only a portion or portions of the material on a page qualifies for protection, the Producing Party 11 also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 12 margins

(PC) Jacques v. Brahney

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

immunity on this issue. 27 Because the court finds that defendants are entitled to summary judgment, it is not necessary to address this additional argument. … Should the District Judge decline to adopt these findings and 28 recommendations, the court will address the propriety of qualified immunity in this case. 1 V.

(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) Coffer v. Mosely

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

complaint or portion thereof if the prisoner raised claims that are legally 2 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 3 monetary relief from a defendant who is immune … would recommend that the claims 21 against defendant Purtle be dismissed as duplicative of the claims raised against defendant Purtle 22 2 Qualifying

Willis v. City of Bakersfield

District Court, E.D. California · Nov 1, 2021

However, 7 federal law clearly establishes that, as long as a suspect is held according to a court order, jailors 8 are not required to investigate whether the court order is proper. … is also immune.

Nool v. HomeQ Servicing

653 F. Supp. 2d 1047 · District Court, E.D. California · Sep 4, 2009

materially misstating other disclosures, such as the actual interest rate on the note; failing to adequately provide adequate notice of the right to rescind; and failing to determine and disclose that Plaintiffs did not qualify … Apr. 24, 2009) (“[T]he cited statute clearly addresses this concern by creating a duty between a loan servicer and a loan pool member.

Conde v. Department of the Treasury

District Court, E.D. California · Dec 20, 2021

Under § 6428(a), eligible 1 $500 multiplied by the number of qualifying children. Scholl I, 489 F. Supp. 3d at 1020 (citing 26 2 U.S.C. § 6424(a)). … Furthermore, to overcome 13 sovereign immunity in a tax refund action, the taxpayer must file a refund claim with the IRS 14 within the time limits established by the Internal Revenue Code. N. Life Ins. Co. v.

Ford v. Kern High School District

District Court, E.D. California · May 6, 2022

To establish a prima facie case for Title VII discrimination, plaintiff 26 must show the following: (1) they are a member of a protected class; (2) they were qualified for 27 the position; (3) they suffered an adverse … establish 7 defamation under state law.”

Foster Poultry Farms, Inc. v. Suntrust Bank

355 F. Supp. 2d 1145 · District Court, E.D. California · Jun 24, 2004

Allegations in the complaint may be disregarded if contradicted by facts established by exhibits attached to the complaint. See Durning v. First Boston Corp., 815 F.2d 1265, 1267 (9th Cir.1987). V. … Plaintiffs claim this agreement is a “typical third-party indemnification provision” *1149 and that Defendant is attempting to “reconfigure [the provision] ... into a far-reaching agreement to immunize it from paying any

Equal Employment Opportunity Commission v. Timeless Investments, Inc.

734 F. Supp. 2d 1035 · District Court, E.D. California · Aug 13, 2010

The Social Security Act “clearly permits individuals to receive benefits while engaged in a period of paid ‘trial work.’ ” Mohamed v. … There is therefore a genuine dispute concerning whether Carlberg was qualified for the position of cashier.

Presba v. Home Depot U.S.A., Inc.

District Court, E.D. California · Nov 18, 2022

If only a portion or portions of the material on a page qualifies for protection, the G No eo ud mm aa nn 26 Producing Party also must clearly identify the protected portion(s) (e.g., by making Hamilton LLP … If only a 8 portion or portions of the material on a page qualifies for protection, the Producing Party 9 also must clearly identify the protected portion(s) (e.g., by making appropriate markings

John Weaver v. Solano County, et al.

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

or portion thereof if the prisoner has raised claims that are legally 28 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 1 monetary relief from a defendant who is immune … Chandler, 303 F.3d 1039, 1052 (9th Cir. 2002) (“To 18 establish a violation of Title II of the ADA, a plaintiff must show that (1) [ ]he is a qualified 19 individual with a disability; (2) [ ]he was excluded from participation

(PC) Jones v. Wong

District Court, E.D. California · Jul 14, 2020

Defendant Heatley, Williams, Wong and Pace’s Arguments 22 Defendants argue that they were not deliberately indifferent to plaintiff’s medical needs, 23 are entitled to qualified immunity, and that plaintiff’s claims … Id. at 13-14. 2 Finally, defendants argue that defendants, as public employees, have qualified immunity 3 and are protected from suit. 4 D.

(PS) Lull v. County of Sacramento

District Court, E.D. California · Jan 31, 2020

Humphrey, 512 U.S. 477, 487 (1994) and the doctrine of equitable 13 estoppel; and Stewart is entitled to qualified immunity. ECF No. 10-1 at 10-15. … None of the briefs submitted to date adequately address 18 whether plaintiff’s conduct, as alleged in the second amended complaint, establishes a violation 19 of California Penal Code § 148(a)(1).

Footman

District Court, E.D. California · Oct 8, 2025

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

Ryan Tan v. Nurse-Family Partnership dba Changent

District Court, E.D. California · Jan 14, 2026

Except as otherwise provided in this 14 Order, or as otherwise stipulated or ordered, Disclosure or Discovery 15 Material that qualifies for protection under this Order must be clearly so 16 … If only a 6 portion or portions of the material on a page qualifies for protection, the Producing 7 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 8 markings in the margins).

Kouba v. Allstate Insurance

523 F. Supp. 148 · District Court, E.D. California · Sep 18, 1981

As with all new sales agents, Allstate established a “monthly minimum” for plaintiff. … Finally, the Secretary of Labor has provided a definition of wages under which the monthly minimum would also be clearly encompassed.