Case law

Kourosh Hamidi v. Service Employees International Union Local 1000

231 F. Supp. 3d 624 · District Court, E.D. California · Feb 8, 2017

Instead, “the intervening case must [be] ... clearly irreconcilable.” Id. (emphasis in original). Knox is not “clearly irreconcilable” with Mitchell. … It is well-established that unions may require nonmembers to pay the portion of fair share fees that are used to fund "germane” expenditures. See Ry. Emp. Dep't v.

Dorroh v. Deerbrook Insurance Co.

223 F. Supp. 3d 1081 · District Court, E.D. California · Dec 9, 2016

It is also clearly established that a liability insurer issuing a check that is jointly payable to claimants and known lienholders has not proceeded in bad faith. See Fitzgerald v. Liberty Mut. Ins. Co., No. … According to plaintiffs, “such a policy clearly violated well established laws.” (Id.)

Zaldivar-Galves

District Court, E.D. California · Aug 26, 2026

Id.; 19 see also Twombly, 550 U.S. at 556–557. 20 Plaintiff’s amended complaint is short, but it is not a plain statement of his claims. 21 Plaintiff does not clearly allege what … Even gross 8 negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood 9 v.

Zaldivar-Galves

District Court, E.D. California · Aug 26, 2026

Id.; 19 see also Twombly, 550 U.S. at 556–557. 20 Plaintiff’s amended complaint is short, but it is not a plain statement of his claims. 21 Plaintiff does not clearly allege what … Even gross 8 negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood 9 v.

(PC) J'Weial v. CDCR

District Court, E.D. California · Feb 15, 2024

Mere negligence 28 1 establish liability, but rather, the official’s conduct must have been wanton. … This case is REMANDED to the Magistrate 19 Judge for further proceedings consistent with this order, 20 including consideration of the qualified immunity issue raised by 21 defendant’s motion

Williams v. Stover

District Court, E.D. California · Feb 27, 2020

To establish liability under section 1983, a plaintiff must sufficiently plead that the 13 defendant is engaged in state action. Brunette v. … 805 (8th Cir. 1974) (the conduct of an attorney, whether retained or appointed, does 9 not constitute action under color of state law). 10 Plaintiff’s allegations against Defendant Stover clearly

Roe v. Anderson

966 F. Supp. 977 · District Court, E.D. California · Jun 4, 1997

A California statute, enacted in 1992, provides that “families that have resided in this state for less than 12 months” and who qualify for welfare shall receive benefits no greater than the “maximum aid payment that would … In light of established Supreme Court precedent, the distinction drawn by § 11450.03 between new and old residents of California must be found unconstitutional. IV.

Molina v. County of Tulare

District Court, E.D. California · Sep 11, 2023

If only a portion or portions of the 7 material on a page qualifies for protection, the Producing Party also must clearly identify the 8 protected portion(s) by making appropriate markings in the margins. 9 A … If only a portion or portions of the material 17 on a page qualifies for protection, the Producing Party also must clearly identify the protected 18 portion(s) (e.g., by making appropriate markings in the margins).

Ramsden

District Court, E.D. California · Feb 10, 2026

In reviewing a complaint under this standard, the court will 5 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly 6 baseless or fanciful, (2) construe those allegations … Even if plaintiff’s public function theory were sufficient to establish action under color of 28 law, the claim would be barred by such immunity. 1 Accordingly, this theory cannot establish action

Clarendon National Insurance v. Insurance Co. of the West

442 F. Supp. 2d 914 · District Court, E.D. California · Jul 7, 2006

therefor, or communicate reliably or clearly with Mirko respect to the matters included in the application for the policy. 14. … The limited testimony presented to the Court, even when considered in light of the other evidence, did not establish that Mirko did, or was able to, communicate the matters on the application to Gill or Pannu clearly or accurately

Luevanos

District Court, E.D. California · Nov 19, 2025

established law and are therefore entitled to qualified immunity. … Because the Court finds that defendants did not violate Bolds’s constitutional rights, it need not consider whether the right at issue was “clearly established” at the time of the alleged 28 | misconduct.

Lopez v. AT&T Mobility Services, LLC

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

If only a portion or portions of the material on a page 24 qualifies for protection, the Producing Party also must clearly 25 identify the protected portion(s) (e.g., by making … This 19 provision is not intended to modify whatever procedure may be established in an e-discovery 20 order that provides for production without prior privilege review.

Christopher John Wilson v. High Desert State Prison, et al.

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

The court may, therefore, dismiss a claim as frivolous when it is based on an 20 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 21 490 U.S. at 327. … Section 1983 does not abrogate the states’ Eleventh Amendment immunity from suit. 3 See Quern, 440 U.S. at 344-45; see also Hafer v.

(PC) Miller v. Mule Creek State Prison

District Court, E.D. California · Feb 8, 2022

: 2 Every person who, under color of [state law] . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation 3 of any rights, privileges, or immunities … 2005) (footnote and citations omitted). 3 • If plaintiff is attempting to state a claim that a public program or service violated 4 the ADA, he must show: (1) he is a “qualified

Walker v. BRAND ENERGY SERVICES, LLC

726 F. Supp. 2d 1091 · District Court, E.D. California · Jun 22, 2010

Hall’s words from his declaration, “had served as superintendent of the Kimberlina Job,” “was qualified,” and “was already familiar with the crew.” Mr. … Walker is unable to establish that his complaints about Mr.

(PC) Maraglino v. Espinosa

District Court, E.D. California · Nov 21, 2022

Womancare, 878 F.2d 1145 (9th Cir. 1989) 1 (finding a citizen’s arrest group did not qualify as “acting under color of state law” for purposes 2 of § 1983)(citing Lugar v. Edmondson Oil Co. … Thus, 14 acts of persons in the ambit of their personal pursuits are clearly not acting under color of law 15 (T.G. supra).

Duran v. Portfolio Recovery Associates, LLC

District Court, E.D. California · May 24, 2023

If only a portion or 2 portions of the 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 margins). … If only a portion or portions of the material 12 on a page qualifies for protection, the Producing Party also must clearly identify the protected 13 portion(s) (e.g., by making appropriate markings in the margins).

(PS) Paezboyd v. Kaiser Foundation Hospital

District Court, E.D. California · Jun 25, 2025

“frivolous or malicious,” “fails to state a 27 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 28 1 immune … An equal protection claim is established when a plaintiff shows he was treated 15 differently than other similarly situated people on the basis of a suspect classification. City of 16 Cleburne, 473 U.S. at 439-40.

Friends of Yosemite Valley v. Scarlett

439 F. Supp. 2d 1074 · District Court, E.D. California · Jul 19, 2006

As set forth above, one of the things that qualifies under Section 551(13) as an agency action is a “rule.” … Defendants qualify this contention somewhat, stating that they do not seek to strike the portions of the declarations of Bart Brown and Greg Adair to the extent that they are offered solely for the purpose of establishing

Chino Valley Unified School District v. Newsom

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

Binding Ninth Circuit precedent clearly dictates they cannot 15 do so. See San Juan Capistrano v. Cal. Pub. Util. … Governor Newsom is Entitled to Eleventh Amendment Immunity 20 Under the Eleventh Amendment and broader notions of sovereign immunity, 21 states and state agencies are immune from suit in federal court.