Case law

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  • (PC) Lewis v. Harrod

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

    The court may dismiss a claim as frivolous if it is based on an indisputably meritless 9 legal theory or where the factual contentions are clearly baseless. … deprivations occurred because of circumstances that did not 22 constitute an established procedure.

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  • Welch v. County of Tulare, California

    District Court, E.D. California · Aug 3, 2023

    If only a portion or portions of the material on a page qualifies for 2 protection, the Producing Party also must clearly identify the protected portion(s) 3 by making appropriate markings in the margins. … If only a 13 portion or portions of the material on a page qualifies for protection, the Producing 14 Party also must clearly identify the protected portion(s) (e.g., by making 15 appropriate markings in the margins

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  • (PC) Rood v. Department of Corrections

    District Court, E.D. California · Dec 21, 2021

    Claims are frivolous where they are based on an indisputably meritless legal theory or 26 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 3 limited to, quasi-judicial immunity, sovereign immunity, or qualified immunity.

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  • (PS) Van den Heuvel v. Costello

    District Court, E.D. California · Apr 21, 2023

    Under the IFP statute, the court must screen the complaint and dismiss any 22 claims that are “frivolous or malicious,” fail to state a claim on which relief may be granted, or 23 seek monetary relief against an immune … If 1 plaintiff wishes to bring a negligence claim alongside any federal claim, plaintiff must clearly 2 include coherent facts for each of the negligence elements provided under the Statement of Claim 3 section (see

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  • Negrete v. Amazon.com Services LLC

    District Court, E.D. California · Jul 26, 2023

    If only a portion 28 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 1 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 2 … If only a portion or portions of the material on a page qualifies for 10 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 11 appropriate markings in the margins).

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  • (PC) Booth v. Williams College

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

    The court may, therefore, dismiss a claim as frivolous where it is based on an 26 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 27 490 U.S. at 327. … However, several “safe 14 harbor regulations” have been carved out of ERISA that describe the circumstances under which 15 a group insurance plan offered by an insurer to employees will not qualify as an employee 16

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  • Ruff v. County of Kings

    700 F. Supp. 2d 1225 · District Court, E.D. California · Mar 24, 2010

    as a matter of law that Defendants are entitled to immunity from antitrust liability alleged in the FAC. … Clearly, a $200,000 award is substantial, especially given the uncertain nature of the evidence of future damages presented at trial.

    Cited 20 timesPublished
  • Hernandez v. McGrath

    595 F. Supp. 2d 1111 · District Court, E.D. California · Jan 21, 2009

    The state appellate court’s decision must be measured against these clearly established principles of federal law. … It cannot be said that the Court of Appeal’s decision was an “objectively unreasonable” application of clearly established federal law. See Williams (Terry) v.

    Cited 3 timesPublished
  • (PC) Anderson v. Vangerwen

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

    If plaintiff wishes to bring a threat to safety claim in an amended complaint, it 2 needs to clearly state how the alleged facts relate to that claim. 3 i. … Legal Standards for ADA Claims 25 Title II of the ADA prohibits a public entity from discriminating against a qualified 26 individual with a disability on the basis of disability. 42 U.S.C

    Cited 0 timesUnknown
  • (PC) Nguyen v. Stoller

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

    Plaintiff contends that he 11 refused to speak about the case and instructed Stoller to raise the issues previously discussed to 12 qualify for resentencing. See id. at 5. … Plaintiff claims that if Radekin had clearly conveyed 6 that she would not represent Plaintiff, Plaintiff would have been appointed another lawyer to 7 represent him. See id.

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  • Vasquez v. O'Reilly Auto Enterprises, LLC

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

    If only a portion 12 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 13 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 22 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 23 making appropriate markings in margins).

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  • (PC) Martinez v. Peterson

    District Court, E.D. California · Mar 11, 2025

    2 Defendant argues that plaintiff’s alleged injuries are insufficient to give rise to an Eighth 27 Amendment claim and that he is entitled to qualified … immunity.

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  • McAfee v. Metropolitan Life Insurance

    625 F. Supp. 2d 956 · District Court, E.D. California · Dec 12, 2008

    Plaintiffs prosecution of this action has clarified whether performance-based stock options qualify as “predisability earnings” under the plan. … “[T]he established standard when determining a reasonable hourly rate is the ‘rate prevailing in the community for similar work performed by attorneys of comparable skill, experience, and reputation.’ ” Camacho v.

    Cited 3 timesPublished
  • Miguel Marquez Valdivia v. County of Sacramento, et al.

    District Court, E.D. California · May 21, 2026

    immunity. … CONCLUSION 9 A plaintiff bears the burden of proof in establishing tolling.

    Cited 0 timesUnknown
  • Gray v. City of Oakdale

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

    If only a portion 23 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 24 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 6 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 7 making appropriate markings in the margins).

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  • (PS) Rubang v. Ally Financial Inc.

    District Court, E.D. California · Apr 10, 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
  • Tafoya v. City of Hanford

    District Court, E.D. California · Mar 6, 2020

    Even if a law enforcement officer 10 uses excessive force in violation of a citizen’s Fourth Amendment rights, the officer will still be 11 entitled to qualified immunity unless clearly established law provides that the … establish 18 defamation under state law.”

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  • (PC) Jackson v. Biter

    District Court, E.D. California · Aug 4, 2021

    by a... policymaker possessed 19 with final authority to establish that policy.” … This judicial immunity insulates 13 judges from suits brought under section 1983. Olsen, 363 F.3d at 923.

    Cited 0 timesUnknown
  • (PS) Coleman v. Cohen

    District Court, E.D. California · Nov 28, 2023

    In reviewing a complaint under this standard, the 11 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 12 are clearly baseless or fanciful, (2) construe those allegations … Accordingly, Title 18 of the United States Code does not establish any private right 10 of action and cannot support a civil lawsuit. See Aldabe v.

    Cited 0 timesUnknown
  • Wallick v. Campbell Soup Supply Company, L.L.C.

    District Court, E.D. California · May 23, 2022

    Except as otherwise provided in this Protective 24 Order, or as otherwise stipulated or ordered, disclosure of material that qualifies for protection under this 25 Protective Order must be clearly so designated before … If only a portion or portions of the material on a page qualifies 6 for protection, the Producing Party also must clearly identify the protected portion(s). 7 (b) for testimony given in deposition or in other

    Cited 0 timesUnknown

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