Case law

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).

Nahmens v. Vilsack

District Court, E.D. California · Mar 29, 2024

USDA rejected her sick leave request because her doctor’s note was allegedly 15 not from a qualifying physician. (Id.) … The Court agrees. 26 It is well established that the Fourteenth Amendment does not apply to the Federal 27 Government. D.C. v.

(PC) Millare v. CDCR

District Court, E.D. California · Nov 20, 2023

The court may, therefore, dismiss a claim as frivolous when it is based on an 4 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 5 490 U.S. at 327. … that these allegations fail to state a potentially 4 colorable ADA claim. 5 To show a violation of the ADA, a plaintiff must show the following: “(1) he is a 6 ‘qualified

Randall

District Court, E.D. California · Jun 25, 2026

If only a portion or portions of the material on a page qualifies 14 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 15 making appropriate markings in the margins). … If only a portion 24 or portions of the material on a page qualifies for protection, the Producing Party also must 25 clearly identify the protected portion(s) (e.g., by making appropriate markings in the

Lopez v. American Fire and Casualty Co.

District Court, E.D. California · Jul 23, 2021

If only a portion or 26 portions of the material on a page qualifies for protection, the Producing Party also must clearly 27 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 1 … If only a portion or 9 portions of the material on a page qualifies for protection, the Producing Party also must clearly 10 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 11

(HC) Rodriguez v. Koenig

District Court, E.D. California · Apr 5, 2023

For purposes of applying § 2254(d)(1), “clearly established federal law” 4 consists of holdings of the United States Supreme Court at the time of … established federal law erroneously or incorrectly.

(PC) Myers v. CDCR

District Court, E.D. California · Sep 8, 2020

or portion thereof if the prisoner has raised claims 11 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 12 granted, or that seek monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 17 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 18 490 U.S. at 327.

(PS) Herships v. CA Sup Ct County of Yolo

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

In reviewing a complaint under this standard, the court will 1 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly 2 baseless or fanciful, (2) construe those allegations … No amendment could overcome the deficiencies in the 28 complaint to establish subject matter jurisdiction. Accordingly, the complaint should be dismissed 1 || without leave to amend. 2 | LU.

(PC) Renfro v. Clark-Barlow

District Court, E.D. California · Sep 25, 2019

Alternatively, she 22 contends that she is entitled to qualified immunity. … In light 23 of this finding, defendant’s alternative argument that she is entitled to qualified immunity will not 24 be addressed. 25 VI.

Mike's Novelties, Inc. v. PIV Enterprises, Inc.

District Court, E.D. California · Jul 14, 2025

If only a portion or portions of the material on a page 4 qualifies for protection, the Producing Party also must clearly identify the 5 protected portion(s) (e.g., by making appropriate markings in the margins … If only a portion or portions of the material on a 17 page qualifies for protection, the Producing Party also must clearly identify the 18 protected portion(s) (e.g., by making appropriate markings in the margins

(PS) McGee v. Airport Little League Baseball Inc.

District Court, E.D. California · Feb 7, 2023

“To state a claim 8 under section 1982, a plaintiff must allege that (1) he is a member of a racial minority; (2) he 9 applied for and was qualified to rent or purchase certain property or housing; (3) he was rejected … There are three ways a “policy” can be 19 established.

Vue v. Pentagon Federal Credit Union

District Court, E.D. California · Mar 7, 2024

If only a portion or portions of the material on a page qualifies for 13 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 14 appropriate markings in the margins). … If only a portion or portions of the material 23 on a page qualifies for protection, the Producing Party also must clearly identify the protected 24 portion(s) (e.g., by making appropriate markings in the margins).

Estate of Frank Carson and Georgia DeFilippo v. County of Stanislaus

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

However, this is not clearly stated nor is it included as a factual allegation in Plaintiffs’ complaint. … Prosecutorial Immunity under Cal.

Meira Davis v. MacuHealth Distribution, Inc.

District Court, E.D. California · Feb 5, 2020

If only a portion or portions of the material on a 6 page qualifies for protection, the Producing Party also must clearly 7 … This provision is not intended to modify 17 whatever procedure may be established in an e-discovery order that provides for 18

(PC) Richardson v. Allison

District Court, E.D. California · May 4, 2022

COVID-19 18 Prisoners have a constitutional right to be protected against a heightened exposure to 19 serious, easily communicated diseases, and this clearly established … Qualified Immunity 17 To the extent that Plaintiff seeks relief against CDCR or CCWF, any claims these 18 entities are barred by the Eleventh Amendment.

Sanchez v. County of Sacramento

District Court, E.D. California · Feb 7, 2020

Relevance, however, does not 1 establish discoverability; in 2015, a proportionality requirement was added to Rule 26. … Defendant’s affirmative 24 defenses are as follows: (1) qualified immunity; (2) California Government Code §§ 815 (public 25 entity liability and limitations) and 815.2 (public entity not liable for employee conduct where

(HC) Inprasit v. Matteson

District Court, E.D. California · Feb 15, 2022

Further, where courts of appeals have diverged in their treatment of an issue, there is no 22 “clearly established federal law” governing that issue. See Carey v. … The state court’s decision, therefore, was not 7 contrary to, or an unreasonable application of, clearly established Supreme Court authority.

Piombino v. City of Fresno

District Court, E.D. California · Aug 22, 2025

If only a portion or portions of the 18 material on a page qualifies for protection, the Producing Party also must clearly identify the 19 protected portion(s) (e.g., by making appropriate markings in the margins). 20 … protection, the obligations of the 22 Receiving Parties are those set forth in Rule 26(b)(5)(B) of the Federal Rules of Civil Procedure. 23 This provision is not intended to modify whatever procedure may be established

Jasmine Vineyards, Inc. v. D.R. Johnson Lumber Co.

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

“In the context of expert 18 scientific testimony, the Ninth Circuit has explained that the proponent meets this burden by 19 offering ‘some objective, independent validation of the expert’s methodology’ establishing … Plaintiff argues that such knowledge, skill, and experience qualifies Mr.

(PC) Eidem v. Vang

District Court, E.D. California · Apr 23, 2025

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