Case law

Corral v. California Highway Patrol

District Court, E.D. California · Jun 3, 2021

aims of defraying some of the judicial costs of litigation and screening out frivolous 12 claims.”). 13 Moreover, even a determination that a plaintiff qualifies … A claim for intentional 13 infliction of emotional distress, requires a plaintiff to establish: (1) outrageous conduct by the 14 defendant, (2) who intended to cause or recklessly disregarded the probability of causing

Wright v. Southern Mono Hospital District

631 F. Supp. 1294 · District Court, E.D. California · Apr 1, 1986

right,” “privilege,” or “immunity” had been denied to the decedent, Dr. … Stehlik by the police, media, and Board clearly make any statements qualifiedly privileged within the meaning of subdivision three.

(PC) Turner v. Gibson

District Court, E.D. California · Sep 8, 2021

As a basic 5 matter, the complaint does not clearly state what happened, when it happened or who was 6 involved. … a state agency, it is therefore immune from suit under the 10 Eleventh Amendment.

Alo v. Fresno City College

District Court, E.D. California · Nov 3, 2022

Plaintiff petitioned to review his records, but has not 3 received word. 4 On August 8, 2022, Plaintiff was notified that he no longer qualified to receive financial … The portion of the CARES Act establishing the HEERF program, 16 Section 18004, requires schools to “use no less than 50 percent of such funds to provide 17 emergency financial aid grants to students for expenses related

(PS) Storman v. US Office of the Secretary of Health & Human Services

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

agency action that is: 23 (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, 24 privilege, or immunity … To qualify for home health services, a beneficiary must be: 10 (a) confined to the home; (b) under the care of a physician who establishes a plan of care; (c) in 11 need of skilled services; (d) under a qualifying plan

Cheslik v. Madera County Sheriff's Department

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

If only a portion or portions of the material on a page qualifies for protection, the 26 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 27 markings in the margins). … If only a 9 portion or portions of the material on a page qualifies for protection, the Producing Party also 10 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 11 margins)

(PC) Collins v. Shirley

District Court, E.D. California · Jun 6, 2025

Lastly, Defendants argue they are entitled to qualified 10 immunity. (Id. at 18-21.) … immunity. 15

(PS) Swartz v. State of California

District Court, E.D. California · Jun 20, 2025

In 8 reviewing a complaint under this standard, the court accepts as true the factual 9 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 10 construes those allegations in the … Thaler, 565 19 U.S. 134, 141 (2012). 20 The SAC fails to establish the Court’s subject matter jurisdiction. See SAC.

Elmer v. Hinkley

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

Except as otherwise provided in this Order, 9 or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 10 protection under this Order must be clearly so designated before the material … If only a portion or portions of the material on a page qualifies 18 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 19 making appropriate markings in the margins).

Sheikh v. Spinnaker Ins. Co.

District Court, E.D. California · Mar 3, 2025

If only a portion or portions of the material on a page 22 qualifies for protection, the Producing Party also must clearly 23 identify the protected portion(s) (e.g., by making appropriate … If only a portion or portions of the material on a page 13 qualifies for protection, the Producing Party also must clearly 14 identify the protected portion(s) (e.g., by making appropriate

(PC) Jackson v. Merritt

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

Qualified Immunity 2 Defendants also argue they are entitled to summary judgment on the grounds of qualified 3 | immunity. (Doc. No. 27-1 at 1, 12). … The defense of qualified immunity shields government 4 | officials from liability, Taylor v.

Sanders v. JD Home Rentals

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

Plaintiff has the burden 16 to establish state action under one of the foregoing tests. See Florer v. … Ct. 2777 (2022) (“to establish a deprivation of Fourth 4 Amendment rights, the [plaintiffs] must allege the seizure was caused by state action.”).

(PC) Calderon v. Bonta

District Court, E.D. California · Mar 25, 2024

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 14 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Melaragno, 939 F. 2d 832, 837 (9th Cir. 1991) (absolute immunity extends to government 15 attorneys handling civil litigation); Brown, 554 F.3d at 750 (prosecutors are “absolute immunity 16 for parole recommendations,

Vang v. Geil Enterprises Inc.

District Court, E.D. California · Apr 28, 2023

Instead, 29 U.S.C. § 1132(a) is the only 23 provision that establishes a private right of action under ERISA. … Oregon 8 Lithoprint, Inc., 102 F.3d 376, 378 (9th Cir.1 996) (holding that money damages do not qualify as 9 ‘equitable relief’ within the meaning of Section 1132(a)(3)).

(PS) Smith v. Counts

District Court, E.D. California · Mar 31, 2020

However, a determination that a plaintiff qualifies financially for in forma 28 pauperis status does not complete the inquiry required by the statute. … Under this standard, a court must dismiss a 17 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 18 factual contentions are clearly baseless.

(PS)Chiu v. Trump

District Court, E.D. California · May 11, 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

Clendenin

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

Gamble, 429 U.S. 20 97 (1976), to argue Plaintiff failed to allege a serious medical need. 21 However, it is clearly established law that the substantive due process protections of the 22 Fourteenth Amendment … Sovereign Immunity 12 Defendants argue that they are entitled to sovereign immunity because the complaint fails 13 to establish a nexus between each of the Defendants’ authority

Singleton

District Court, E.D. California · Mar 20, 2026

complaint, or any portion thereof, is subject to 24 dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be 25 granted, or if it seeks monetary relief from a defendant who is immune … Plaintiff specifically cites to 52 U.S.C. § 30106(a)(1), which reads: 4 There is established a commission to be known as the Federal Election Commission.

Southern Pacific Transportation Co. v. United States

462 F. Supp. 1193 · District Court, E.D. California · Nov 28, 1978

The McCord court declared: if Congress had intended to impose strict liability on an owner-bailor, it was capable of clearly and directly so providing. … The Supreme Court reversed, holding that the state penalty *1219 could not be imposed because the provisions of the Act of June 18, 1910, “so clearly establish the purpose of Congress to subject such companies to a uniform

(PC) Torres v. Superior Court of California County of Riverside

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

Mere negligence on the part of the prison official is not sufficient to establish liability, but 24 rather, the official’s conduct must have been wanton. Id. at 835; Frost, 152 F.3d at 1128. 25 D. … an original complaint, each claim and the involvement of each defendant must be sufficiently 17 alleged. 18 The First Amended Complaint should be clearly