Case law
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District Court, E.D. California · Mar 31, 2022
If 16 only a portion or portions of the material on a page qualifies for protection, the Producing 17 Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings 18 in the margins … If only a portion or portions of the material on a 27 page qualifies for protection, the Producing Party also must clearly identify the protected 28 portion(s) (e.g., by making appropriate markings in the margins).
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 30, 2022
Alternatively, defendants argue that they are entitled to 8 qualified immunity and that plaintiff failed to exhaust her administrative remedies prior to filing 9 suit. … immunity.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 11, 2025
The California Supreme Court has 20 clearly stated that the fundamental public policy exception is only applicable in 21 actions for wrongful discharge. Miklosy v. … Defendants are not 9 moving to dismiss these claims based on procedural defenses and immunities and 10 thus have a “heavy burden” to prove that Defendants Hilton and McCullah were 11 fraudulently joined.
Cited 0 timesUnknownCummings v. Wal-Mart Stores, Inc.
District Court, E.D. California · Apr 15, 2021
If only a 21 portion or portions of the material on a page qualifies for protection, the Producing Party also 22 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 23 … If only a portion or 4 portions of the material on a page qualifies for protection, the Producing Party also must clearly 5 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 6
Cited 0 timesUnknownMendonsa v. Land O'Lakes, Inc.
District Court, E.D. California · Jul 1, 2024
If only a portion 12 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 13 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 14 … 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).
Cited 0 timesUnknown(PC) Barnes v. Supreme Court Judges
District Court, E.D. California · Sep 3, 2021
4 with final authority to establish that policy.” … Absolute Immunity 20 A judge is absolutely immune from suits seeking monetary damages for acts performed
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 18, 2026
Plaintiff claims that there is an 12 established history of employees’ violent conduct against black people at KVSP. See id. … Plaintiff claims that he was a 3 qualified individual with medical/physical impairment. See id.
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 8, 2022
The court may dismiss a claim as frivolous if it is based on an indisputably meritless legal 7 theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … Plaintiff alleges state prosecutors routinely classify vulnerable criminal defendants, 24 such as those who cannot afford bail or private counsel, and those who receive public assistance, 25 into a “category qualifying
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 24, 2023
SCREENING 22 A determination that a plaintiff qualifies financially for in forma pauperis status does not 23 complete the inquiry required by the statute. … In reviewing a complaint under this standard, the 8 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 9 are clearly baseless or fanciful, (2) construe those allegations
Cited 0 timesUnknown(PC) Stuckey v. State of California
District Court, E.D. California · Sep 29, 2020
States and state 26 agencies are not “persons” within the meaning of the statute and are entitled to immunity under 27 the 11th Amendment. Gilbreath v. … Lewis, 217 F.3d 23 726, 731-32 (9th Cir. 2000) (quotations and citations omitted). 24 To succeed on an Eighth Amendment claim predicated on indifference to medical needs, a 25 plaintiff must establish that
Cited 0 timesUnknownGarcia v. Yuba County Sheriff's Dept.
District Court, E.D. California · Sep 18, 2020
But 26 the court will dismiss such unnamed defendants if discovery clearly would not uncover their identities or if the complaint would clearly be dismissed on other grounds. Id. at 642. … Qualified Immunity 24 Because the court dismisses the second claim on other grounds, it need not reach 25 YCSD’s assertion of qualified immunity at this stage. 26 /
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 19, 2022
Mere negligence on the part of a prison official is not sufficient to establish liability, but 21 rather, the official’s conduct must have been wanton. … April 20, 2006) (granting qualified immunity to defendants when prisoner slipped and fell in puddle of water resulting from leaky roof known to defendants), aff'd 19
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 24, 2025
Accordingly, Sheriff Ferrara, in his individual capacity is entitled to 18 summary judgment on this claim.”). 19 Though Plaintiff addresses qualified immunity in his opposition, … the Court declines 20 to address this issue because Ferrara did not raise qualified immunity in his summary 21 judgment motion and because there has been no finding of a constitutional violation. 22 See Def.
Cited 0 timesUnknownPopal v. I.Q. Data International, Inc.
District Court, E.D. California · Aug 15, 2024
If only 19 a portion or portions of the material on a page qualifies for protection, the 20 Producing Party also must clearly identify the protected portion(s) (e.g., by 21 making appropriate markings … If only a portion or portions of the material on a page qualifies for 4 protection, the Producing Party also must clearly identify the protected portion(s) 5 (e.g., by making appropriate markings in the margins).
Cited 0 timesUnknown(PC) Pruden v. Amador County Jail
District Court, E.D. California · Feb 13, 2024
complaint or portion thereof if the prisoner raised claims that are legally 5 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 6 monetary relief from a defendant who is immune … [T]hat edict contains one significant qualifier: the remedies must indeed be 27 “available” to the prisoner.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 28, 2021
complaint or portion thereof if the prisoner has raised claims that are 8 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 9 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 13 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.
Cited 0 timesUnknownCoalition for a Sustainable Delta v. Federal Emergency Management Agency
711 F. Supp. 2d 1152 · District Court, E.D. California · May 10, 2010
“The facts to show standing must be clearly apparent on the face of the complaint.” Baker v. United States, 722 F.2d 517, 518 (9th Cir.1983). … However, the Act itself also defines “highly qualified” to include a teacher who is fully certified under state law. Id. at 906 .
Cited 8 timesPublishedDistrict Court, E.D. California · Apr 7, 2020
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 14 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Michigan Department of State Police, 491 U.S. 58 (1989),] 26 establishes that the State and arms of the State, which have traditionally enjoyed Eleventh 27 Amendment immunity, are not subject to suit under § 1983 in either
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 2, 2026
For the reasons stated in those cases, 7 Petitioner has established that he has a likelihood of success on the merits. … The balance of the equities and public interest are merged as the Government 18 is the non-moving party, and these factors clearly weigh in Petitioner’s favor. See 19 Melendres v.
Cited 0 timesUnknownCrestbrook Insurance Company v. The Travelers Indemnity Company of Connecticut
District Court, E.D. California · Feb 13, 2025
If only a portion or portions of the material on a 8 page qualifies for protection, the Producing Party also must clearly identify the 9 protected portion(s) (e.g., by making appropriate markings in the margins). 10 … If only a portion or portions of the material on a page qualifies for 20 protection, the Producing Party also must clearly identify the protected portion(s) 21 (e.g., by making appropriate markings in the margins).
Cited 0 timesUnknown
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