Case law

(PC) Abreu v. Shasta County Sheriff's Office

District Court, E.D. California · Jul 7, 2025

The court may, therefore, dismiss a claim as frivolous where it is based on an 10 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 11 490 U.S. at 327. … The requisite causal connection between a supervisor’s wrongful conduct and the 6 violation of the prisoner’s constitutional rights can be established in a number of ways, including 7 by demonstrating that a supervisor

Morgan Tire of Sacramento, Inc. v. Goodyear Tire & Rubber Co.

60 F. Supp. 3d 1109 · District Court, E.D. California · Nov 13, 2014

In reply, defendants argue a forum selection clause survives the termination of a contract; additionally, the order acknowl-edgement faxed after Morgan Tire submitted a purchase order following the lapse of the contract clearly … Under that section, “[c]onduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract.

Nationwide Mutual Ins. Co. v. Zurich American Ins. Co.

District Court, E.D. California · Sep 6, 2024

Id. at 251–52. 26 In the endeavor to establish the existence o f a factual dispute, the opposing party need not 27 establish a material issue of fact conclusively in its favor. … 7–14.) 18 Finally, Plaintiffs argue a separate endorsement, titled the Newly Acquired or Formed 19 Organization Amendment (“Newly Acquired Endorsement”), contradicts Defendants’ 20 interpretation and “clearly

(PC) Ellesbury v. Fernandez

District Court, E.D. California · Dec 2, 2020

Qualified Immunity 23 Defendants argue that defendant Fernandez should be granted summary judgment on the 24 grounds that he is entitled to qualified immunity … Katz, 533 U.S. 194 (2001), the Supreme Court set forth a two-pronged test to 26 determine whether qualified immunity exists.

Barnes

District Court, E.D. California · Nov 4, 2025

In reviewing a complaint under this standard, the 18 court will (1) accept as true all the factual allegations contained in the complaint, unless they are 19 clearly baseless or fanciful; (2) construe those allegations … Here, however, the allegations do not 22 suggest any additional facts Plaintiff can plead to establish federal question jurisdiction, or to 23 establish diversity between the parties.

(PC) Thomas v. Reyna

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

Defendants argue that they are entitled to qualified immunity because a 3 correctional officer in Defendants’ position would reasonably believe that it was necessary to 4 enter the cell and apply force to Plaintiff … Based on this recommendation, Defendants’ motion for qualified immunity 5 shall not be considered 6 VI.

Warren v. Winco Foods, LLC

District Court, E.D. California · Oct 11, 2022

If only a 24 portion or portions of the material on a page qualifies for protection, the Producing Party also 25 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 26 margins … If only a portion or 7 portions of the material on a page qualifies for protection, the Producing Party also must clearly 8 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 9

(PC) Wolinski v. Abdulgader

District Court, E.D. California · Jan 27, 2022

“To establish a violation of Title II of the ADA, a plaintiff must show that 23 (1) [he] is a qualified individual with a disability; (2) [he] was excluded from participation in or 24 otherwise discriminated against with … “To establish a violation of 23 § 504 of the RA, a plaintiff must show that (1) [he] is handicapped within the meaning of the RA; 24 (2) [he] is otherwise qualified for the benefit or services sought; (3) [he] was denied

(PS) Malbrough v. Bibby

District Court, E.D. California · Jun 9, 2022

A 18 court may dismiss a claim as frivolous where it is based on an indisputably meritless legal theory 19 or where the factual contentions are clearly baseless. … Plaintiff's Moorish citizenship argument is a frivolous attempt to establish diversity jurisdiction where none exits, and the ploy is not new.

Pliego v. Walmart, Inc.

District Court, E.D. California · Apr 18, 2024

If only a portion of the material on a page qualifies for protection, the 17 Responding Party also must clearly identify the protected portion(s) (e.g., by making 18 appropriate markings in the margins). … Each qualified person is subject to 1 comply strictly with this Order.

(PC) Julian v. Valley State Prison

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

portion thereof if the prisoner has raised claims that are legally 26 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 27 “seek[] monetary relief against a defendant who is immune … April 20, 2006) (granting qualified immunity to defendants when prisoner slipped and fell in puddle of water resulting from leaky roof known to 20

(PS) McGuire v. Roseville Joint Union High School District

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

Defendants move to dismiss the first amended complaint for failure to state a claim 26 and on the basis of qualified immunity. ECF No. 25. … The 4 complaint does not establish diversity of citizenship, and plaintiffs have not alleged a cognizable 5 federal claim. See 28 U.S.C. §§ 1331, 1332; see also Bautista v. Pan Am.

Cochran v. Straumann USA, LLC

District Court, E.D. California · Feb 1, 2023

If only a portion or portions of the material on a page 6 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 7 (e.g., by making appropriate markings in the margins). … If only a portion or portions 17 of the material on a page qualifies for protection, the Producing Party also must clearly identify 18 the protected portion(s) (e.g., by making appropriate markings in the margins). 19

Fox

District Court, E.D. California · Mar 31, 2026

Based on this 12 experience, Hendricks is clearly qualified as an expert in credit reporting. Pena v. Experian Info. 13 Sols., Inc., No. 8:22-cv-01115-SSS-ADSX, 2024 WL 4868285 (C.D. Cal. … No. 98.) 3 As the proponent of Hendricks’ testimony, plaintiff has the burden of establishing its 4 admissibility.

Weil v. Raisin City Elementary School District

District Court, E.D. California · Nov 19, 2024

the part admitted and qualify or deny the rest. … part admitted and qualify or deny the rest.

Reyes v. Five Diamond Cold Storage, Inc.

District Court, E.D. California · May 20, 2024

If only a portion 6 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 7 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 8 … If only a portion or portions of the material on a page qualifies for protection, the 16 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 17 markings in the margins).

(PC) McElroy v. Gomez

District Court, E.D. California · Nov 9, 2020

The Eighth Amendment 6 right to food was clearly established as of at least 2001. Foster v. Runnels, 554 F.3d 807, 815 (9th Cir. 7 2009). … See Foster, 554 14 F.3d at 813-14 (guard not entitled to qualified immunity because she did not establish that prisoner's 15 refusal to uncover back window of his cell caused safety issues for food service through food

(PC)Whatley v. Cisneros

District Court, E.D. California · Oct 11, 2024

a ... policymaker possessed 10 with final authority to establish that policy.” … And it would appear granting Plaintiff leave to amend in 15 that regard would be futile.3 Clearly, the named Defendants do not own the property, and the 16 Court is skeptical it could be said they controlled the property

Gottlieb

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

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 … Moreover, the Complaint also fails to establish diversity 24 jurisdiction. Plaintiff does not allege any amount in controversy or establish complete 25 diversity of citizenship. See Morris v.

(PC) Taylor v. Commissioner of the California Department of Corrections and Rehabilitation

District Court, E.D. California · Aug 25, 2021

If only a portion or portions of the 10 material on a page qualifies for protection, the Producing Party also must clearly identify the 11 protected portion(s) (e.g., by making appropriate markings in the margins). 12 … If only a portion or portions of the material on a page 21 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 22 (e.g., by making appropriate markings in the margins).