Case law

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  • Ferrucci v. Bank of America, NA

    District Court, E.D. California · Sep 30, 2020

    If only a portion or portions of the 20 material on a page qualifies for protection, the Producing Party also must clearly identify 21 the protected portion(s) (e.g., by making appropriate markings in the margins … If only a portion or portions of the material on 4 a page qualifies for protection, the Producing Party also must clearly identify the protected 5 portion(s) (e.g., by making appropriate markings in the margins

    Cited 0 timesUnknown
  • (PC) Hounihan v. Villasenor

    District Court, E.D. California · Feb 8, 2023

    or portion thereof if the prisoner has raised claims that are 10 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 11 that seek monetary relief from a defendant who is immune … “The requisite 7 causal connection may be established when an official sets in motion a ‘series of acts by others 8 which the actor knows or reasonably should know would cause others to inflict’ constitutional 9 harms

    Cited 0 timesUnknown
  • (PC) Donaldson v. Garland

    District Court, E.D. California · Dec 6, 2021

    “The United States can be sued only to the extent that it waives its 7 sovereign immunity from suit.” Cervantes v. … The basis of a Bivens action is some illegal or inappropriate conduct 28 on the part of a federal official or agent that violates a clearly established constitutional right. 1 Baiser v.

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  • Maldonado v. City of Fresno

    District Court, E.D. California · Sep 13, 2024

    If only a portion or portions of the material on a page 15 || qualifies for protection, the Producing Party also must clearly identify the protected z 16 || portion(s) (e.g., by making appropriate markings in the … If only a 26 || portion or portions of the material on a page qualifies for protection, the Producing 27 28 ] |) Party also must clearly identify the protected portion(s) (e.g., by making appropriate

    Cited 0 timesUnknown
  • C.O. v. County of Kern

    District Court, E.D. California · Jan 31, 2022

    App. 3d 1035, 1050 (1986). 20 An organization has sufficient business attributes to qualify as a “business establishment” 21 … App’x 43, 45 (9th 10 Cir. 2003) (affirming holding the county social services department did not qualify as business 11 establishment); Roe v. Rialto Unified Sch. Dist., 2020 WL 2790008, at *5 (C.D. Cal.

    Cited 0 timesUnknown
  • Maldonado v. International Paper Co.

    District Court, E.D. California · Aug 26, 2024

    If only a portion 15 or portions of the material on a page qualifies for protection, the Producing Party 16 also must clearly identify the protected portion(s) (e.g., by making appropriate 17 markings in the margins … If 27 only a portion or portions of the material on a page qualifies for protection, the 28 / / / 1 Producing Party also must clearly identify the protected

    Cited 0 timesUnknown
  • Mayweathers v. Terhune

    328 F. Supp. 2d 1086 · District Court, E.D. California · Jun 25, 2004

    Prison officials do not argue that the named plaintiffs are somehow immune from having to work on Fridays in the future. … Pre-RLUIPA monetary damages, for instance, would clearly be precluded.

    Cited 8 timesPublished
  • Roe v. Rodriguez

    District Court, E.D. California · Jul 19, 2023

    Except as otherwise provided in this Order, 15 or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 16 protection under this Order must be clearly so designated before or at the time … If only a portion or portions of the 22 material on a page qualifies for protection, the Producing Party also must clearly identify the 23 protected portion(s) (e.g., by making appropriate markings in the margins) and

    Cited 0 timesUnknown
  • Bronco Wine Co. v. United States Department of Treasury

    997 F. Supp. 1309 · District Court, E.D. California · Dec 24, 1996

    . § 201 , et seq., establishes the regulatory scheme which governs the bottling, packaging, and labeling of wine. … used unless the wine either (1) meets the appellation of origin requirements for the geographic area named; (2) is “grandfathered” in that the brand name is one for which a COLA was issued prior to July 7, 1986, and is qualified

    Cited 18 timesPublished
  • (PC) Magallanes Castro v. United States

    District Court, E.D. California · Apr 14, 2023

    However, a determination that a plaintiff qualifies financially for in forma 1 pauperis status does not complete the inquiry required by the statute. … Horton’s Towing, 906 F.3d 773, 783 (9th Cir. 2018). 8 Here, the complaint does not establish that plaintiff has complied with the exhaustion 9 requirement of the FTCA.

    Cited 0 timesUnknown
  • United States v. Flores

    856 F. Supp. 1400 · District Court, E.D. California · May 27, 1994

    The court is concerned that Flores may have attempted to obstruct justice here; however, the quality of evidence presented in court does not clearly weigh in favor of detention. … Secondly, the district judge should not hear new evidence at a detention hearing that does not qualify under 18 U.S.C. 3142(f). United States v. Bergner, 800 F.Supp. 659, 661-662 (N.D.Ind.1992). 2 .

    Cited 5 timesPublished
  • California v. United States Department of Labor

    76 F. Supp. 3d 1125 · District Court, E.D. California · Dec 30, 2014

    There are few decisions reviewing section 13(c) certifications that clearly identify a standard of review. In City of Macon v. … The court recognized that this federal labor policy was not established by the NLRA, because “Congress neither imposed upon the states the precise definition of ‘collective bargaining’ established by the NLRA, nor did it

    Cited 6 timesPublished
  • (PS) Olson v. Carter

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

    screen every in forma pauperis 23 proceeding and must dismiss the case if it is “frivolous or malicious,” “fails to state a claim on 24 which relief may be granted,” or “seeks monetary relief against a defendant who is immune … A plaintiff may bring an 3 action under 42 U.S.C. § 1983 to redress violations of her “rights, privileges, or immunities 4 secured by the Constitution and [federal] laws” by a person or entity, including a municipality

    Cited 0 timesUnknown
  • (PS) Valdez v. State of California

    District Court, E.D. California · Oct 26, 2020

    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.

    Cited 0 timesUnknown
  • (PC) Dixson v. Mohammad

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

    The court may dismiss a claim as frivolous if it is based on an indisputably meritless 14 legal theory or where the factual contentions are clearly baseless. … In order to establish a claim for the use of excessive force in violation of the Eighth 2 Amendment, a plaintiff must establish that prison officials applied force maliciously and 3 sadistically to cause harm, rather

    Cited 0 timesUnknown
  • Thurston

    District Court, E.D. California · Jun 3, 2026

    Sovereign, King and God” also “Release from Prison, Discharge from Custody Immediately” and “restored Royal Status 1 02853-JLT-CDB. 2 This is established … “The Court may ... dismiss a claim as frivolous 14 where it is based on an indisputably meritless legal theory or where the factual contentions are 15 clearly baseless.” Howell v.

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  • Elliott v. Elliott

    District Court, E.D. California · Apr 6, 2022

    If only a portion or portions of the material on a page qualifies for 12 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 13 by making appropriate markings in the margins). … If only a portion or portions of the material on a page 23 qualifies for protection, the Producing Party also must clearly identify the protected 24 portion(s) (e.g., by making appropriate markings in the margins).

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  • (PC) Howell v. Moktar

    District Court, E.D. California · May 15, 2023

    or portion thereof if the prisoner has raised claims 28 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 1 granted, or that seek monetary relief from a defendant who is immune … The threat of further assault, especially 15 immediately following plaintiff’s prior assault, appears to qualify as an adverse action that would 16 also chill plaintiff’s First Amendment rights and not advance any legitimate

    Cited 0 timesUnknown
  • (PC)Yandell v. Washington

    District Court, E.D. California · Aug 19, 2021

    The absence of authority for the right 27 asserted by plaintiff supports dismissal at the screening stage on grounds of qualified immunity. See Chavez v. … Robinson, 817 F.3d 1162, 1169 (9th Cir. 2016) (district court may dismiss § 1983 28 complaint sua sponte and pre-service on grounds of qualified immunity). 1 injury requirement is not satisfied by just any type of frustrated

    Cited 0 timesUnknown
  • (PC) Hoffmann v. Yderraga

    District Court, E.D. California · Oct 20, 2020

    meaningful legal research to oppose defendants’ motions. 28 1 In an order filed September 21, 2020, this court first noted that plaintiff failed to establish … 7 (c) If an inmate requested legal research on the subject of qualified immunity, 8 what specific materials would he receive?

    Cited 0 timesUnknown

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