Case law

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  • (PC) Mills v. Justice Center Detention Facility

    District Court, E.D. California · Nov 30, 2023

    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. … “‘Omissions or misstatements resulting from negligence 23 or good faith mistakes will not invalidate an affidavit which on its face establishes probable 24 cause.’” Ewing v.

    Cited 0 timesUnknown
  • (PC) Flores v. Corcarn

    District Court, E.D. California · Mar 12, 2021

    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. … “To establish a violation of Title II of the ADA, a plaintiff must show that 18 (1) [he] is a qualified individual with a disability; (2) [he] was excluded from participation in or 19 otherwise discriminated against with

    Cited 0 timesUnknown
  • (PC) Stevens v. Becerra

    District Court, E.D. California · Aug 18, 2021

    Moreover, 9 “[j]udges are absolutely immune from damages actions for judicial acts taken within the 10 jurisdiction of their courts.” Schucker v. … Plaintiff’s complaint is wholly without merit, and the Court cannot identify any possible 12 cognizable claim that Plaintiff could establish if granted leave to amend. 13 IV.

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  • Silva v. San Joaquin County

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

    If only a portion or 20 portions of the material on a page qualifies for protection, the Producing Party also must clearly 21 identify the protected portion(s) (e.g., by making appropriate markings in the margins). … If only a portion or portions of the material on a page qualifies for protection, the 3 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 4 markings in the margins).

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  • (PC) Baker v. Macomber

    District Court, E.D. California · Jan 10, 2025

    Section 504 of the Rehabilitation Act provides, “[n]o otherwise qualified individual with 25 a disability in the United States . . . shall, solely … An equal protection claim may be established by 6 showing that defendants intentionally discriminated against a plaintiff based on his membership 7 in a protected class, Comm. Concerning Cmty. Improvement v.

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  • Rodriguez Pacheco v. City of Stockton

    District Court, E.D. California · Nov 18, 2020

    If only a portion or portions of the 28 material on a page qualifies for protection, the Producing Party also must clearly identify the protected 1 portion(s) (e.g., by making appropriate markings in the margins). … If only a portion or portions of the material on a page qualifies for protection, the 10 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 11 markings in the margins).

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  • (PC) Harris v. Docanto

    District Court, E.D. California · Mar 24, 2021

    These allegations 11 do not establish that a causal connection between Plaintiff’s protected conduct and the claimed 12 adverse actions exists. … The amended complaint should be clearly and boldly 27 titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 28 under penalty of perjury.

    Cited 0 timesUnknown
  • Epperson v. Codification Order 497

    District Court, E.D. California · Dec 17, 2024

    complaint, or any portion thereof, is subject to 19 dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be 20 granted, or if it seeks monetary relief from a defendant who is immune … an amended 8 complaint, he fails to establish federal question jurisdiction.

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  • Rangel v. City of Modesto

    District Court, E.D. California · Aug 9, 2019

    If only a portion or 5 portions of the material on a page qualifies for protection, the Producing Party also must clearly 6 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 7 … If only a portion or 15 portions of the material on a page qualifies for protection, the Producing Party also must clearly 16 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 17

    Cited 0 timesUnknown
  • Romero

    District Court, E.D. California · Nov 12, 2025

    complaint or portion thereof if the prisoner raised claims that are legally 10 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 11 monetary relief from a defendant who is immune … “[S]tate departmental regulations do not establish a federal constitutional 18 violation.” Cousins v. Lockyer, 568 F.3d 1063, 1070 (9th Cir. 2009).

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  • MacChiavelli v. Shearson, Hammill & Co., Inc.

    384 F. Supp. 21 · District Court, E.D. California · Oct 15, 1974

    This very issue was clearly decided by the Supreme Court in Wilko v. … Although related, the claims of Securities Act violations in this case are clearly severable from the other claims, both factually and legally.

    Cited 42 timesPublished
  • Smith v. Pacific Bell Telephone Co.

    649 F. Supp. 2d 1073 · District Court, E.D. California · Aug 12, 2009

    There is nothing in the affidavit to establish Mr. Mastrangelo is knowledgeable about or qualified to opine on the reliability of GPS equipment. … If the basis for an expert’s opinion is clearly unreliable, the district court may disregard that opinion in deciding whether a party has created a genuine issue of material fact.

    Cited 3 timesPublished
  • UMG Recordings, Inc. v. Sinnott

    300 F. Supp. 2d 993 · District Court, E.D. California · Feb 5, 2004

    Napster clearly states that “[c]ontributo-ry liability requires that the secondary in-fringer ‘know or have reason to know' of direct infringement.” 239 F.3d at 1020 . … Sinnott does not explain how a Sheriffs deputy is more qualified to point out examples of infringing recordings *1000 than trained investigators representing the copyright holders themselves.

    Cited 27 timesPublished
  • Stingley v. City of Hanford

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

    If only a portion or portions of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) 23 (e.g., by making appropriate markings … If only a portion or portions of the material on a page qualifies for 6 protection, the Producing Party also must clearly identify the protected portion(s) 7 (e.g., by making appropriate

    Cited 0 timesUnknown
  • Ledesma v. Marshall

    658 F. Supp. 2d 1155 · District Court, E.D. California · Aug 5, 2009

    process, so he “has not shown that the state court decisions denying habeas relief were contrary to clearly established federal law.” … Sass, 461 F.3d at 1129 (for purposes of AEDPA, Hill’s “some evidence” standard is “clearly established” federal law).

    Cited 1 timesPublished
  • (PC) Beavers v. Hosey

    District Court, E.D. California · Oct 30, 2023

    Claims are frivolous where they are based on an indisputably meritless legal theory or 24 where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … Examples of immunity that would preclude relief during screening, include, but are not 1 limited to, quasi-judicial immunity, sovereign immunity, or qualified immunity.

    Cited 0 timesUnknown
  • (PS) Charles v. U.S. Office of Personnel Management

    District Court, E.D. California · Oct 10, 2023

    IFP statute requires federal courts to dismiss a case if the action is legally 23 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 24 monetary relief from a defendant who is immune … AMENDING THE COMPLAINT 2 If plaintiff chooses to amend the complaint, the amended complaint must allege facts 3 establishing the existence of federal jurisdiction.

    Cited 0 timesUnknown
  • Young v. Sun Life & Health Ins. Co.

    285 F. Supp. 3d 1109 · District Court, E.D. California · Jan 8, 2018

    "Any Occupation" is defined as: "[a]ny gainful occupation that you are qualified for or may reasonably become qualified for by education, training or experience. … United Behavioral Health , 764 F.3d 1030 , 1042 (9th Cir. 2014) ("[A]n administrator…abuses its discretion if it relies on clearly erroneous findings of fact in making benefit determinations") (internal citation omitted).

    Cited 1 timesPublished
  • Anthony J. Davis v. Tuolumne County, et al.

    District Court, E.D. California · May 13, 2026

    Id. 21 District courts must deny requests for mandatory injunctions unless the law and facts clearly 22 favor a moving party. Id. The Court will not grant such requests in doubtful cases. … in violation of the First 24 Amendment. 25 In his present motion, Plaintiff seeks an order that Defendant Hurtado provide mental 26 health care by a qualified

    Cited 0 timesUnknown
  • (PC) Kawamoto v. Covello

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

    Second, as a state prisoner, plaintiff was qualified to access the 4 ASU yard and participate in activities there. See Yeskey, 524 U.S. at 210. … A 26 showing of merely negligent medical care is not enough to establish a constitutional violation. 27 Frost v.

    Cited 0 timesUnknown

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