Case law

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  • United States v. Mitchell

    128 F. Supp. 3d 1266 · District Court, E.D. California · Sep 1, 2015

    The Ninth Circuit ruled that .Rule 16 “clearly cover[ed] the items [the] defendant ha[d] requested.” Id. … The record does not establish that the government’s inability to satisfy Ms.

    Cited 0 timesPublished
  • Logan

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

    If only a portion or portions of the material on a page 26 qualifies for protection, the Producing Party also must 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 qualifies for 9 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 10 appropriate markings in the margins).

    Cited 0 timesUnknown
  • (PC) Castrejon Venegas v. Honea

    District Court, E.D. California · Dec 19, 2023

    “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 13 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Determining whether a prosecutor’s actions are immunized 12 requires a functional analysis.

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  • (PS) Van den Heuvel v. Cardullo

    District Court, E.D. California · Jun 5, 2023

    SCREENING 2 A determination that a plaintiff qualifies financially for in forma pauperis status does not 3 complete the inquiry required by the statute. … It lists a single defendant, described as a 13 “District Attorney Prosecutor violating immunities of guidelines :CA.” ECF No. 1 at 2.

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  • (PS) Bledsoe v. Jacot

    District Court, E.D. California · May 21, 2024

    “Like other forms of official immunity, judicial immunity is an 20 immunity from suit, not just from ultimate assessment of damages.” Mireles v. Waco, 502 U.S. 21 9, 11 (1991). … Neither the 8 Federal Criminal Code nor the California Penal Code establish any private right of action or can 9 support a civil lawsuit. See Aldabe v.

    Cited 0 timesUnknown
  • Leal v. Muzuka

    District Court, E.D. California · Jul 21, 2020

    immune from suit under the Eleventh 1 Amendment. … In those instances, only qualified, not absolute, immunity is available. Miller, 335 F.3d at 898.

    Cited 0 timesUnknown
  • Zaira Martinez, on behalf of Jose Virgilio M.M. v. Warden, Golden State Annex Detention Facility

    District Court, E.D. California · Aug 7, 2026

    In order to establish 24 standing, the next friend must (1) “provide an adequate explanation—such as inaccessibility, 25 mental incompetence, or other disability—why the real party in interest cannot appear on his own … “The 3 burden is on the ‘next friend’ clearly to establish the propriety of his status and thereby justify the 4 jurisdiction of the court.”

    Cited 0 timesUnknown
  • Theberge

    District Court, E.D. California · Feb 23, 2026

    If only a 4 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). … This 23 provision is not intended to modify whatever procedure may be established in an e-discovery 24 order that provides for production without prior privilege review.

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  • Bai v. CMB Export Infrastructure Investment Group 48, LP

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

    Factual Background 3 Plaintiffs are 185 foreign nationals who made investments in order to qualify for 4 federal EB-5 visas. (Pet. ¶ 4.) … The court may then 5 permit the filing of that complaint if the plaintiff establishes that there is a reasonable 6 possibility that they will prevail. Cal. Civ. Code § 1714.10(a).

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  • (PC) Leonard v. Denny

    District Court, E.D. California · Aug 26, 2020

    They also argue that they are entitled to qualified immunity and that plaintiff did 10 not properly comply with the state law notice requirements. Id. at 24-29. … Alternatively, they assert that they are entitled to qualified immunity.

    Cited 0 timesUnknown
  • (PC) Evans v. Milam

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

    The Court may dismiss a claim as frivolous where it is based on an indisputably 15 meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 16 327. … , but are not 25 limited to, quasi-judicial immunity, sovereign immunity, also referred to as Eleventh Amendment 26 Immunity, or qualified immunity.

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  • (PC) Dickerson v. Rueter

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

    A 1 showing of merely negligent medical care is not enough to establish a constitutional violation. 2 Frost v. … Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 et seq. 2 Under Section 504 of the Rehabilitation Act, “No otherwise qualified individual with a 3 disability in the United States...shall, solely by reason

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  • (PC) Puckett v. Kelso

    District Court, E.D. California · Nov 28, 2022

    “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … housed in an area using the same ventilation system, without more 28 //// 1 (e.g. facts demonstrating the inadequacy of the ventilation system), does not establish

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  • (PC) Miller v. State of California

    District Court, E.D. California · Jun 11, 2021

    ’s conviction for disturbing the peace was invalid). 8 Where a § 1983 action alleges constitutional violations that would necessarily 9 imply the invalidity of the conviction or sentence, the prisoner must establish … The State and the CDCR qualify as a state and state agency respectively for the purposes of 13 immunity under the Eleventh Amendment. Without any other named defendants, the case cannot 14 go forward.

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  • Artino v. Home Depot U.S.A., Inc.

    District Court, E.D. California · Mar 8, 2024

    If only a 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., by making 17 appropriate markings in … A Challenging Party may proceed to the next stage of the challenge 6 process only if it has engaged in this meet and confer process first or establishes that the 7 Designating Party is unwilling to participate

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  • (PS) Ellis v. County of El Dorado Mental Health Division

    District Court, E.D. California · Oct 20, 2022

    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. … There are three ways a “policy” can be 11 established. See Clouthier v.

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  • A.S.

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

    the United States; (4) 7 of a right, privilege, or immunity secured by the Constitution and laws.” … Here, Plaintiff clearly alleges VUSD 17 staff worked on the Depot Park campus.

    Cited 0 timesUnknown
  • Narayan v. Compass Grp. USA, Inc.

    284 F. Supp. 3d 1076 · District Court, E.D. California · Feb 6, 2018

    It is nevertheless questionable whether Berger, regardless of whether she otherwise qualifies as a third person for defamation publication purposes, should, in this context, be deemed the necessary *1086 third person. … Plaintiff failed to file an amended complaint in response to Defendants' Notice of Removal, which clearly delineated why the defamation claim against Legault as then constituted failed to state any viable cause of action.

    Cited 5 timesPublished
  • Garcia-Borjon v. Everbright, LLC

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

    If only a portion 7 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 8 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 9 … If only a portion or portions of the material on a page qualifies for 17 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 18 appropriate markings in the margins).

    Cited 0 timesUnknown
  • (PC) Doe v. State of California

    District Court, E.D. California · May 27, 2025

    Except as otherwise provided in this order, or 22 as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this order must be clearly so designated before or at the time … If only a portion or portions of the material on a page qualifies for protection, 14 the Producing Party also must clearly identify the protected portion(s) (e.g., by making 15 appropriate markings in the margins) and

    Cited 0 timesUnknown

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