Case law

Bahrikyan v. Transamerica Life Ins. Co.

District Court, E.D. California · Nov 4, 2022

If only a portion or portions of the material on 28 oo PAGES— STIPULATED PROTECTIVE □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 1 || a page qualifies for protection, the Producing Party also must clearly identify … If only a 12 || portion or portions of the material on a page qualifies for protection, the Producing 13 || Party also must clearly identify the protected portion(s) (e.g., by making appropriate 14 || markings in the margins

(PC) Feathers v. Houston

District Court, E.D. California · Feb 20, 2024

Defendant also argues 4 he is entitled to qualified immunity.1 Id. 5 The treatment a prisoner receives in prison and the conditions under which the 6 prisoner is confined are subject … Miller, 104 F.3d 1133 (9th Cir. 1997) (en banc); see 27 1 The Court does not address Defendant’s qualified immunity argument because his

Felix

District Court, E.D. California · Dec 10, 2025

If only a portion or 11 portions of the material on a page qualifies for protection, the Producing Party also must clearly 12 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 13 … This 18 provision is not intended to modify whatever procedure may be established in an e-discovery 19 order that provides for production without prior privilege review.

(PS) Storman v. County of Sacramento

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

IFP statute requires federal courts to dismiss a case if the action is legally 27 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 28 monetary relief from a defendant who is immune … AMENDING THE COMPLAINT 12 If plaintiff chooses to amend the complaint, the amended complaint must allege facts 13 establishing the existence of federal jurisdiction.

(PC) Alvarez v. Silva

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

Defendant also contends that he is entitled to qualified immunity. Defendant 14 further argues that Plaintiff did not exhaust the administrative remedies prior to filing suit. 15 1. … Qualified Immunity 18 Because the Court has found that the conduct alleged by Plaintiff does not state a constitutional 19 deprivation, the Court need not address Defendant

(PS) Halousek v. CA Public Employees' Retirement System

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

CalPERS 11 argues that it has immunity under the Eleventh Amendment. … In its 14 motion, CalPERS argues that it is immune from suit under the Eleventh Amendment and 15 that it has not waived this immunity. CalPERS MTD at 5-7.

(PS) Van den Heuvel v. Cardullo

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

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.

(PC) James v. Gonzalez

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

immunity. … In light of this determination, and in the interests of judicial economy, the court 13 need not address defendants’ remaining argument based on qualified immunity. 14 I.

(PC) Hendrix v. California Department of Corrections and Rehabilitation

District Court, E.D. California · Aug 19, 2022

The court may, therefore, dismiss a claim as frivolous where it is based on an 11 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 12 490 U.S. at 327. … Hensel Phelps Construction who, according to 10 plaintiff, built CHCF. 11 The main problem with plaintiff’s claims is that he does not allege that he has any 12 qualifying

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

District Court, E.D. California · May 2, 2024

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 16 established. See Clouthier v.

(PS) Warfield v. United States Air Force

District Court, E.D. California · Aug 12, 2020

To establish a prima facie case of disparate treatment 7 discrimination under Title VII, a plaintiff must show that he (1) is a member of a protected class; 8 (2) was qualified for and was performing his job satisfactorily … Accordingly, Title 18 of the 27 United States Code does not establish any private right of action and cannot support a civil 28 lawsuit. See Aldabe v.

Williams v. County of Fresno

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

This 16 judicial immunity insulates judges from suits brought under section 1983. … Defendant 8 Guerra is entitled to absolute immunity for these clearly judicial actions taken during the course 9 of the state action.

(PC) Mays v. Stanton Correctional Facility

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

The court may, therefore, dismiss a claim as frivolous where it is based on an 5 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 6 490 U.S. at 327. … The district court granted the defendant qualified immunity, 8 finding that the law was not sufficiently definite that defendant would have known whether he 9 was violating it. Id. at *4, quoting Plumhoff v.

Marley

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

11 defendants; (4) the Fourteenth Amendment equal protection claim be dismissed; (5) that 12 plaintiff’s Sixth and Fourteenth Amendment claims be dismissed for the further reason that 13 defendants are entitled to qualified … immunity on those claims; and (6) no further leave to amend 14 be granted.

(PS) Murphy v. Occupational Safety and Health Administration

District Court, E.D. California · Apr 5, 2021

The court may, therefore, dismiss a claim as frivolous where it is based on an 9 indisputably meritless legal theory or where the factual contentions are clearly baseless. … As a sovereign, the United States is immune from suit unless it has waived immunity. 10 United States v.

Beard

District Court, E.D. California · Jun 5, 2026

The court may, therefore, dismiss a claim as frivolous when it is based on an 4 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 5 490 U.S. at 327. … Mar. 29, 2010) (“[A] prisoner has no constitutionally guaranteed 11 immunity from being falsely or wrongly accused of conduct which may result in the deprivation 12 of a protected liberty interest.

Cherpan

District Court, E.D. California · May 18, 2026

If only a 26 portion or portions of the material on a page qualifies for protection, the Producing Party also 27 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 28 margins … If only a portion or 9 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). 11

Harcharik

District Court, E.D. California · Oct 7, 2025

If only a portion 5 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 6 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 7 … If only a portion or portions of the material on a page qualifies for protection, the 15 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 16 markings in the margins).

(PS) Lorretz v. Kushner

District Court, E.D. California · Apr 2, 2020

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

(PS) Chiu v. President of the United States

District Court, E.D. California · Oct 24, 2022

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