Case law

625 Coolidge LLC v. Maximus, Inc.

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

If only a 21 portion or portions of the material on a page qualifies for protection, the 22 Producing Party also must clearly identify the protected portion(s) (e.g., by 23 … If only a portion or portions of the 8 material on a page qualifies for protection, the Producing Party also must 9 clearly identify the protected portion(s) (e.g., by making appropriate

Walsh v. Martin

District Court, E.D. California · May 22, 2024

Order must be clearly so 1 Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic documents, but 3 excluding transcripts … If only a portion 5 or 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

(PC)Elliott v. Ehlers

District Court, E.D. California · Nov 21, 2022

complaint or portion thereof if the prisoner raised claims that are legally 26 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 27 monetary relief from a defendant who is immune … Id. at 1271 16 (citing Rhodes, 408 F.3d at 568-69). 17 Nevertheless, First Amendment retaliation is not established simply by showing adverse 18 activity by a defendant after protected

Central Valley Chrysler-Jeep, Inc. v. Goldstene

563 F. Supp. 2d 1158 · District Court, E.D. California · Jun 24, 2008

(“Defendant-intervenors”) as to the remaining claims in this case and left the injunction established by the January 16 Order undisturbed. … This court is not empowered to make the necessary determination of how much lead time is necessary where Congress has clearly and unequivocally delegated that determination to EPA.

(PS) Paskiewicz v. Garcia-Brower

District Court, E.D. California · Dec 3, 2020

In reviewing a complaint under this standard, the court will 3 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly 4 baseless or fanciful, (2) construe those allegations … The burden of establishing jurisdiction rests upon plaintiff as the 8 party asserting jurisdiction. Kokkonen, 511 U.S. at 377. 9 A.

(PC) Reyes v. Rouch

District Court, E.D. California · Jul 27, 2021

The court may dismiss a claim as frivolous where it is based on an 2 indisputably meritless legal theory or where the factual contentions are clearly baseless. … [is] insufficient, as a matter 11 of law, to establish deliberate indifference.”).

(PC) Colbourn v. Done

District Court, E.D. California · Jan 29, 2020

“A showing of 23 medical malpractice or negligence is insufficient to establish a constitutional deprivation under 24 the Eighth Amendment.” Id. at 1060. … “[E]ven gross negligence is insufficient to establish a 25 constitutional violation.” Id. (citing Wood v.

Catholic Social Services, Inc. v. Ashcroft

268 F. Supp. 2d 1172 · District Court, E.D. California · Jul 25, 2002

Clearly the LIFE Act did not and could not do this. … However, he clearly could not remember or comprehend well- enough to even establish whether he was actually in the U.S. continuously for the statutory period.

(PC) Maestas v. RCCC Medical Staff

District Court, E.D. California · Mar 22, 2022

or portion thereof if the prisoner has raised claims 13 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 14 granted, or that seek monetary relief from a defendant who is immune … By establishing the existence of a serious medical need, a prisoner satisfies the 18 objective requirement for proving an Eighth Amendment violation. Farmer v.

Bacdayan

District Court, E.D. California · Jan 8, 2026

. § 1915(e)(2), the 23 Court concludes that it fails to state a claim, or to establish that personal jurisdiction and venue lie 24 in this District. … 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

(PC) Houston v. Kuppinger

District Court, E.D. California · Jun 9, 2025

must identify any cognizable claims and 4 dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon 5 which relief may be granted, or seeks monetary relief from a defendant who is immune … “[R]outine discomfort inherent in the prison setting” is insufficient to establish a 19 “sufficiently serious” deprivation. Id.

(PC) Guzman v. Cates

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

As a basic 26 matter, the complaint does not clearly state what happened, when it happened or who was 27 involved. … possessed 11 with final authority to establish that policy.”

Warden

District Court, E.D. California · Apr 22, 2026

“The burden is on the ‘next friend’ clearly to establish the propriety of his status and 7 thereby justify the jurisdiction of the court.” … Pirela qualifies for next-friend status, which would permit him to 12 initiate the instant petition, it does not allow him to prosecute this action pro se on his brother-in- 13 law’s behalf.

(PC) Jones v. Bal

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

The Court must dismiss a complaint or portion thereof if it: (1) is frivolous or 22 malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief 23 from a defendant who is immune … Deliberate Indifference of Medical Needs 14 Additionally, plaintiff’s complaint does not clearly make out a cognizable claim 15 under the Eight Amendment.

(PC) Bowers v. California State Prison Sacramento

District Court, E.D. California · Nov 29, 2022

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 13 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … United States, 364 F.3d 1127, 1130 (9th Cir. 2004) (no cause of action for miscalculation 10 of release date until prisoner had first prevailed in habeas case establishing entitlement to release). 11 Plaintiff

(PC) Koch v. Sacramento County

District Court, E.D. California · Oct 13, 2023

The court may dismiss a claim as frivolous if it is based on an indisputably meritless 6 legal theory or where the factual contentions are clearly baseless. … To establish that a municipal entity is liable for an 15 alleged violation, a plaintiff must establish that the alleged violation was attributable to an official 16 municipal policy, a permanent and well-settled practice

(PS) Crenshaw v. The Arbors at Antelope

District Court, E.D. California · Jun 7, 2022

In reviewing a complaint under this standard, the 13 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 14 are clearly baseless or fanciful, (2) construe those allegations … Plaintiff’s FAC, which brings claims against private property owners, does 5 not establish any constitutional violation nor does it identify any defendant acting under color of 6 state law.

(PC) Rojas v. Kernan

District Court, E.D. California · Sep 19, 2022

Except as otherwise provided in this Order, 9 or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 10 protection under this Order must be clearly so designated before the material … If only a portion or portions of the material on a page qualifies 18 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 19 making appropriate markings in the margins).

Wilson v. Department of Treasury Internal Revenue Service

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

multiplied by the number of qualifying children. 26 U.S.C. § 6428(a). … Question 15 asked 18 “Does someone who is incarcerated qualify for the Payment [i.e., an EIP]?”

Yellowcake, Inc. v. Hyphy Music, Inc.

District Court, E.D. California · Apr 14, 2022

If only a portion or portions of the material on a page 3 qualifies for protection, the Producing Party also must clearly 4 identify the protected portion(s) (e.g., by making appropriate … If only a portion or portions of the material on a page 18 qualifies for protection, the Producing Party also must clearly 19 identify the protected portion(s) (e.g., by making appropriate