Case law

(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.

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.

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.

Blanco v. County of Kings

142 F. Supp. 3d 986 · District Court, E.D. California · Oct 30, 2015

The failure to train Cosper alone is “insufficient to establish [the City’s] deliberate policy.” … In’the. absence of affirmative authority that , clearly establishes a right to money damages under the.California constitutional right to privacy, particularly in light of the contrary authority provided by Clausing , the

(PC)Sandoval

District Court, E.D. California · Mar 9, 2026

Qualified Immunity 2 Given the foregoing findings, the undersigned does not address Defendants’ argument 3 concerning the defense of qualified immunity. … Lewis, 523 U.S. 833, 4 841 n.5 (1998) (“[T]he better approach to resolving cases in which the defense of qualified 5 immunity is raised is to determine first whether the plaintiff has alleged the deprivation of a 6

Bonner v. Medical Board of California

District Court, E.D. California · Aug 9, 2019

But the court will dismiss such unnamed defendants if discovery clearly would not uncover their 24 identities or if the complaint would clearly … App, 3d 870, 881 (1979). 6 Here, the Board defendants qualify for the immunity afforded by section 821.2. 7 The Board is a public entity: a licensing, regulatory and disciplinary board within the Department

Clendenin

District Court, E.D. California · Feb 3, 2026

complaint, or any portion thereof, is subject to dismissal if it is frivolous 28 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 1 relief from a defendant who is immune … by a . . . policymaker possessed 24 with final authority to establish that policy.”

(PC) Adams v. California Prison Industry Authority

District Court, E.D. California · Oct 9, 2020

The court must dismiss the 4 complaint, or any portion of it,that “is frivolous, malicious, or fails to state a claim upon which 5 relief may be granted,” or that “seeks monetary relief from a defendant who is immune … To establish a violation of the Rehabilitation Act, a claimant must plead that “(1) [he] 24 is handicapped within the meaning of the RA; (2) [he]is otherwise qualified for the benefit or services sought; (3) [he] was

(PS) Korte v. State of California

District Court, E.D. California · Apr 23, 2021

However, a determination that a plaintiff qualifies financially for in forma 4 pauperis status does not complete the inquiry required by the statute. … time if the allegation of 16 poverty is found to be untrue or if it is determined that the action is frivolous or malicious, fails to 17 state a claim on which relief may be granted, or seeks monetary relief against an immune

Cooley v. Cal. Statewide Law Enforcement Ass'n

385 F. Supp. 3d 1077 · District Court, E.D. California · Jul 9, 2019

Cooley's Motion for a Preliminary Injunction, finding, among other things, that he failed to establish a likelihood of success on the merits of his claims. Id. ; PI Order, ECF No. 42. On February 22, 2019, Mr. … Nor does the Union's refusal to accept the resignation qualify as state action under any other Supreme Court test. See Naoko Ohno v.

(PS) McGuire v. Roseville Joint Union High School District

District Court, E.D. California · Sep 7, 2022

Defendants move to dismiss all claims for 13 failure to state a claim and on the basis of qualified immunity. ECF No. 6. … immunity defense. 1 D.

Gettings v. Kacalek

District Court, E.D. California · Dec 17, 2021

However, a determination that a plaintiff qualifies financially for in forma 28 pauperis status does not complete the inquiry required by the statute. … There are three 5 ways a “policy” can be established.

Athwal v. County of Stanislaus

District Court, E.D. California · Jul 29, 2022

immune.” … Any renewed motion must clearly identify the scope of any disputed deposition 28 questioning and disputed documents. 1 III.

Castillo, Jr. v. Transworld Systems, Inc.

District Court, E.D. California · Mar 18, 2025

If only a portion or portions of the 2 material on a page qualifies for protection, the Producing Party also must clearly 3 identify the protected portion(s) (e.g., by making appropriate markings in the 4 margins). … If only a portion or portions of the material on a page qualifies for 15 protection, the Producing Party also must clearly identify the protected portion(s) 16 (e.g., by making appropriate markings in the margins).

Walter W. Wells v. County of Stanislaus

District Court, E.D. California · Jul 29, 2022

immune.” … Any renewed motion must clearly identify the scope of any disputed deposition 28 questioning and disputed documents. 1 III.

Ortiz v. Georgia Pacific

973 F. Supp. 2d 1162 · District Court, E.D. California · Sep 23, 2013

Plaintiff may establish a prima facie case by showing that: “(1) he is a member of a protected class; (2) he was qualified for his position; (3) he experienced an adverse employment action; and (4) similarly situated individuals … Defendant’s contention that the suspension does not qualify as an adverse action, Doc. 47 at 4, is without merit.

Wal-Mart Stores, Inc. v. City of Turlock

483 F. Supp. 2d 987 · District Court, E.D. California · Jul 3, 2006

Even assuming, ar-guendo, the complaint asserts an as-applied challenge, the challenge must fail because the Ordinance clearly prohibits Wal-Mart from establishing a Wal-Mart Supercenter in Turlock. … A store that sells only groceries cannot qualify as a “Discount Store” because it does not sell a “wide range of products,” and cannot for that reason be a “Discount Superstore.”

Catanghal v. Greyhound Lines Inc

District Court, E.D. California · Nov 7, 2022

“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 8 monetary relief from a defendant who is immune … However, the facts alleged, even if true, would not establish a violation of 6 the ADA.

Phillips v. Reinhart

District Court, E.D. California · Sep 3, 2020

This judicial immunity 17 insulates judges from suits brought under section 1983. … These are actions 7 that are clearly taken within the jurisdiction of Judge Reinhardt’s court and are judicial in nature. 8 Accordingly, Judge Reinhardt is entitled to judicial immunity for issuing the arrest warrant

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

District Court, E.D. California · Feb 13, 2023

time if the allegation of 18 poverty is found to be untrue or if it is determined that the action is frivolous or malicious, fails to 19 state a claim on which relief may be granted, or seeks monetary relief against an immune … Under this standard, a court must dismiss a 23 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 24 factual contentions are clearly baseless.