Case law

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  • (PC) Candler v. Palko

    District Court, E.D. California · Mar 8, 2021

    As in the qualified immunity context, the Court will look to the various pleadings and 10 motions in both actions as a guide. See e.g. Kelly v. … Borg, 60 F.3d 664, 667 (9th Cir. 1995) 11 (concluding that a clearly established right for purposes of qualified immunity must be defined 12 more narrowly than the constitutional provision guaranteeing the right, but

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  • (PC) Adcock v. Burton

    District Court, E.D. California · Jun 10, 2020

    Id. at 731. 8 “The occasional presence of a rodent is insufficient to establish the objective component 9 of an Eighth Amendment claim, which requires that a deprivation … Lopez v. 5 Robinson, 914 F.2d 486, 492 (4th Cir. 1990) (finding no clearly established, sufficiently 6 contoured, right to hot showers in prison).

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  • Anderson v. Allianz Life Insurance Company of North America

    District Court, E.D. California · Mar 30, 2022

    If only a 10 portion or portions of the material on a page qualifies for protection, the Producing 11 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 12 … If only a portion or portions 22 of the material on a page qualifies for protection, the Producing Party also must 23 clearly identify the protected portion(s) (e.g., by making appropriate markings

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  • Berkla v. Corel Corp.

    66 F. Supp. 2d 1129 · District Court, E.D. California · Sep 9, 1999

    Moreover, the general phrase “and any other information of a similar nature not available to the public” is clearly intended to be a plain meaning, general qualifier of what may be considered confidential and what will not … Computer programming codes generally qualify as copyrightable subject matter. Computer Assoc. v. Altai Inc., 982 F.2d 693, 702 (2d Cir.1992).

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  • (PC) Espino v. Arnold

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

    It simply establishes the obligations of the 14 Secretary under California law. … California, 191 21 F.3d 1020, 1025 (9th Cir. 1999) (citation omitted) (state agency immunity); see Franchesi v. 22 Schwartz, 57 F.3d 828, 831 (9th Cir. 1995) (per curiam) (arm of state immunity). 23 Finally,

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  • (PC) Fisher v. Graham

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

    The court may, therefore, dismiss a claim as frivolous where it is based on an 11 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 12 490 U.S. at 327. … To establish a violation of this 12 duty, a prisoner must “show that the officials acted with deliberate indifference to threat of 13 serious harm or injury to an inmate.”

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  • Creamer v. Sherer

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

    The complaint does not clearly articulate the facts giving rise to any claim and does not 20 specifically identify what harm was inflicted by each defendant. … To proceed in federal court, Plaintiff’s complaint must establish the existence of 10 subject matter jurisdiction as federal courts are presumptively without jurisdiction over civil 11 actions, and the burden to establish

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  • (PC) Johnson v. Unknown

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

    dismiss the complaint, or any portion 27 of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a defendant who is immune … Plaintiff, 14 however, does not clearly allege whether he suffered serious harm because of defendants’ delay 15 in properly assigning him a COVID risk assessment score.

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  • ExamWorks, LLC v. Baldini

    District Court, E.D. California · Jun 11, 2020

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

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  • (PS) Van Den Heuvel v. Lawyer

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

    forma pauperis 23 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to 24 state a claim on which relief may be granted,” or “seeks monetary relief against a 25 defendant who is immune … In 2 reviewing a complaint under this standard, the court accepts as true the factual 3 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 4 construes those allegations in the

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  • (PS) McCray v. City of American Canyon City Hall

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

    Under the IFP statute, the court must screen the complaint and dismiss any 23 claims that are “frivolous or malicious,” fail to state a claim on which relief may be granted, or 24 seek monetary relief against an immune … Plaintiff’s complaint does not allege a policy or custom, as is required 6 to establish a § 1983 claim against a municipal entity. Monell, 436 U.S. at 694.

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  • Tommy Jay Eugene Joseph Reid v. Stanislaus County Public Safety Center

    District Court, E.D. California · Aug 12, 2026

    complaint or portion thereof if the prisoner raised claims that are legally 9 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 10 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 14 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 15 490 U.S. at 327.

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  • (PC) Correa v. Bravdrick

    District Court, E.D. California · Jun 15, 2021

    April 10, 24 2017, as the assigned magistrate judge correctly and clearly outlined in the pending findings and 25 recommendations. … 6 established case law.

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  • Brown v. Cemex, Inc.

    District Court, E.D. California · Dec 4, 2023

    If only a portion or portions of the material on a page 19 qualifies for protection, the Producing Party also must clearly 20 identify the protected portion(s) (e.g., by making appropriate 21 markings … If only a portion or portions of the material on a page 6 qualifies for protection, the Producing Party also must clearly 7 identify the protected portion(s) (e.g., by making appropriate 8 markings

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  • (PS) Holt v. Nor Cal Towing and Transport, Inc.

    District Court, E.D. California · Jun 3, 2025

    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 … Yuko 28 Yasuma, 723 F.3d 984, 995 n.13 (9th Cir. 2013). 1 Here, Plaintiff has not alleged sufficient facts to establish significant state 2 involvement in Defendant’s actions such that Defendant

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  • Wonderful Real Estate Development LLC v. Laborers International Union of North America Local 220

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

    Id. at 934–35.7 6 “Not all petitioning activity is immunized, however. … Supermarkets, Inc., found 6 that while four actions will not always qualify for the USS-POSCO standard of a pattern of sham 7 litigation, in that case it was sufficiently alleged where a party brought challenges in

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  • Gao

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

    Stahl, 254 F.3d 845 (9th Cir. 9 2001) (dismissal required of in forma pauperis proceedings which seek monetary relief from 10 immune defendants); Cato v. … City of Los Angeles, 147 F.3d 867, 875 (9th Cir.1998) (explaining 13 that “[m]ere threats and harsh words are insufficient” to establish an adverse employment action).

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  • Cosyleon v. Home Depot

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

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

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  • (PC) Casity v. B. Wheeler

    District Court, E.D. California · Jun 25, 2024

    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 … programs, services, or activities of a public entity. 1 The elements of a cause of action under Title II of the ADA are: (1) the plaintiff is an 2 individual with a disability; (2) the plaintiff is otherwise qualified

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  • (PS) Babbitt v. CDCR

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

    In reviewing a complaint under this standard, the 3 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 4 are clearly baseless or fanciful, (2) construe those allegations … Brennan, 511 U.S. 2 825, 836-837 (1994) (negligence and even recklessness are insufficient to establish deliberate 3 indifference).

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