Case law

Sierra v. IRS

District Court, E.D. California · Dec 23, 2022

Plaintiff states that in an attempt to 11 establish permission to sue, the IRS requested he call a toll free number, but Plaintiff “established 12 that [he] [did] not have outside contacts who can help expedite these … § 7422(a) (2002). 20 Furthermore, to overcome sovereign immunity in a tax refund action, the taxpayer must file a 21 refund claim with the IRS within the time limits established by the Internal Revenue Code.

Olsen v. Costco Wholesale Corp.

District Court, E.D. California · Aug 21, 2025

during the interactive process for which Plaintiff was qualified. … Discrimination 18 A plaintiff establishes a prima facie case of disability discrimination by showing: 19 (1) she suffers from a disability; (2) she is qualified

United States v. Pickard

100 F. Supp. 3d 981 · District Court, E.D. California · Apr 17, 2015

He conceded that other qualified individuals; including Dr. Madras, disagree with his opinion that marijuana has a currently accepted use. (Id. 38:8-23.) Dr. … Hart testified that he was “in the majority” of qualified people who have concluded marijuana has medical use. (See Hart Test. 168:21-171:12, ECF No. 364.)

(PC) Millare v. CDCR

District Court, E.D. California · Apr 3, 2023

The court may, therefore, dismiss a claim as frivolous when it is based on an 22 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 23 490 U.S. at 327. … individual defendants should be dismissed. 19 Defendant CDCR 20 To show a violation of Title II of the ADA, a plaintiff must show the following: “(1) he is 21 a ‘qualified

(PC) Mitchum v. Honea

District Court, E.D. California · Mar 6, 2023

complaint or portion thereof if the prisoner has raised claims that are legally 4 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 5 monetary relief from a defendant who is immune … “To establish a 24 violation of Title II of the ADA, a plaintiff must show that (1) [he] is a qualified individual with a 25 disability; (2) [he] was excluded from participation in or otherwise discriminated against with

Sergervich Picket v. California Department of Corrections and Rehabilitation, et al.

District Court, E.D. California · Mar 27, 2026

Plaintiff’s state law claims against CDCR are also barred by Eleventh Amendment 18 immunity. See Pennhurst State Sch. & Hosp. v. … III, § 2. “ ‘One element of the case-or-controversy 28 requirement’ is that plaintiff [ ] ‘must establish that [he has] standing to sue.’ ” Clapper v. 1 Amnesty Int’l USA, 133 S.

Nam v. Safeco Insurance Company of America

District Court, E.D. California · Mar 22, 2021

Except as otherwise provided in this Order, or 26 as otherwise stipulated or ordered, material that qualifies for protection under this Order must be 27 clearly so designated before the material is disclosed or produced … If only a portion or portions of the material 15 on a page qualifies for protection, the Producing Party also must clearly identify the protected 16 portion(s) (e.g., by making appropriate markings in the margins).

Hargrove v. City of Bakersfield

District Court, E.D. California · Sep 16, 2019

Whether Defendants Moore and Vasquez are entitled to Qualified Immunity; 3 28. Whether there is any evidence of racial animus; 4 29. Whether Ms. … Plaintiff will file motions regarding the qualified immunity and comparative negligence 18 defenses, to establish how these defenses will (and will not) be handled at trial and in front of the jury. 19 Defendant

Big Sandy Rancheria Enterprises v. Becerra

District Court, E.D. California · Aug 13, 2019

The court is unpersuaded that merely because the Tribal Council qualifies for this 2 “specific legal status” that BSRE’s Board of Directors necessarily qualifies as well. 3 Federal courts possess only limited jurisdiction … These transactions 1 clearly extend beyond the boundaries of a single reservation.

Griffith

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

complaint or portion thereof if the prisoner raised claims that are legally 9 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 10 monetary relief from a defendant who is immune … Id. 12 Circumstances common to most prisoners, such as lack of legal education and limited law library 13 access, do not establish exceptional circumstances that warrant a request for voluntary assistance 14 of counsel

Cravotta v. County of Sacramento

District Court, E.D. California · Aug 15, 2025

His jail mental health notes stated he had “a history of 13 Schizoaffective Disorder . . . he is clearly psychotic . . . [and is] gravely disabled.” … The County Defendants argue that the County and Sheriff’s Department are 16 immune from liability under Government Code section 844.6(a).

Rivera v. O'Reilly Auto Enterprises LLC

District Court, E.D. California · Feb 28, 2025

If only a portion or portions of the 11 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 13 … If only a portion or portions of the material on a page qualifies for 24 protection, the Producing Party also must clearly identify the protected portion(s) 25 (e.g., by making appropriate markings in margins).

United States v. Romero

382 F. Supp. 3d 966 · District Court, E.D. California · May 21, 2019

Indeed, "[a]llegations of negligence or innocent mistake are insufficient" to qualify for an evidentiary hearing. Id. at 171 , 98 S.Ct. 2674 ; see also United States v. … Souffront , 338 F.3d 809 , 822 (7th Cir. 2003) ("The defendant [to qualify for a Franks hearing] 'must offer direct evidence of the affiant's state of mind or inferential evidence that the affiant had obvious reasons for

(PS) Iegorova v. Yegorov

District Court, E.D. California · Nov 4, 2019

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

B&G Foods North America, Inc. v. Embry

District Court, E.D. California · Mar 4, 2024

Court for Dist. of Arizona, 881 F.2d 14 1486, 1494 (9th Cir. 1989) (“ The work-product rule is not a privilege but a qualified immunity 15 protecting from discovery documents and tangible things prepared by a party or … Like other qualified privileges, it may be waived.” U.S. v. 4 Nobles, 422 U.S. 225, 239 (1975).

(PS) Chiu v. The President of US

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

SCREENING 23 A determination that a plaintiff qualifies financially for in forma pauperis status does not 24 complete the inquiry required by the statute. … In reviewing a complaint under this standard, the 9 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 10 are clearly baseless or fanciful, (2) construe those allegations

(PC) Jacobs v. CDCR

District Court, E.D. California · Oct 13, 2022

Even gross negligence is insufficient to establish deliberate indifference to 5 serious medical needs. See Wood v. … Cal. 12 April 20, 2006) (granting qualified immunity to defendants when prisoner slipped and fell in 13 puddle of water resulting from leaky roof known to defendants), aff’d by 2008 WL 686740 (9th 14 Cir.

(PS) Liang v. Stockton Police Dept.

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

Under this standard, a court must dismiss a complaint as frivolous 7 where it is based on an indisputably meritless legal theory or where the factual contentions are 8 clearly baseless. … There are three ways a “policy” can be established.

(PC) Sekona v. Horowitz

District Court, E.D. California · Oct 28, 2021

In addition, Defendant contends that she is entitled to 23 qualified immunity. Id. at 12-14. … Defendant argues that: 7 (1) Plaintiff’s claim is barred by res judicata; (2) she was not deliberately indifferent to Plaintiff’s 8 serious medical needs; and (3) she is entitled to qualified immunity.

Goodfellow v. Rocket Mortgage, LLC

District Court, E.D. California · Mar 5, 2025

Except as otherwise provided in 23 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 24 that qualifies for protection under this Order must be clearly so designated before 25 the … If only a portion of the material on a page qualifies for 7 protection, the Producing Party also must clearly identify the protected 8