Case law

(PS) Vitaly v. Arcade Creek Recreation Park District

District Court, E.D. California · Oct 15, 2024

IFP statute requires federal courts to dismiss a case if the action is legally 26 “frivolous or malicious,” fails to state a claim upon which relief may be granted or seeks 27 monetary relief from a defendant who is immune … In order 28 to establish liability under Monell, “a plaintiff must … establish that the local government had a 1 | deliberate policy, custom, or practice that was the moving force behind the constitutional 2 | violation

Wal-Mart Stores, Inc. v. City of Turlock

483 F. Supp. 2d 1023 · District Court, E.D. California · Mar 13, 2007

establishing a Wal-Mart Super-center in Turlock. … The resulting figure is known as the “Lodestar.” *1041 To determine what qualifies as reasonable attorney’s fees, the Ninth Circuit has adopted the twelve Lodestar Factors as “guidelines [and] as appropriate factors to be

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

(PC)Bazzo v. Gates

District Court, E.D. California · Aug 8, 2024

A motion for judgment on the pleadings should only be 9 granted if, accepting as true all material allegations contained in the nonmoving party's pleadings, 10 the moving party “clearly establishes that no material issue … Gates asserted several 1 immunity, Eleventh Amendment immunity to the extent money damages were sought from Gates 2 in her official capacity, res judicata and collateral estoppel, and a failure to mitigate.

(PC) Williams v. Newsom

District Court, E.D. California · Jun 9, 2021

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Several Named Defendants Are Immune from Suit 21 To the extent that they are sued for damages in their official capacities, Governors 22 Newsom and Brown enjoy the state’s Eleventh Amendment immunity

Tommeraason v. Siemens Mobility, Inc.

District Court, E.D. California · Jul 20, 2022

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

(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).

(PC) Cortinas v. McDonald

District Court, E.D. California · Dec 4, 2019

complaint, or any portion thereof, is subject to dismissal if it is frivolous or 26 malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief 27 from a defendant who is immune … Cty. of Orange, 526 F.3d 1190, 1214–15 22 (9th Cir. 2008). 23 “To establish a violation of Title II of the ADA, a plaintiff must show that (1) [he] is a 24 qualified

(PC) Catchings v. Fletcher

District Court, E.D. California · Sep 28, 2021

By establishing the existence of a serious medical need, a prisoner satisfies the 6 objective requirement for proving an Eighth Amendment violation. Farmer v. … Plaintiff is advised that in an amended complaint he 22 must clearly identify each defendant and the action that defendant took that violated his 23 constitutional rights.

ST'Andre

District Court, E.D. California · Aug 17, 2026

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 … Chung, 391 F.3d 1051, 1060 (9th Cir. 2004) (negligence 24 constituting medical malpractice is not sufficient to establish an Eighth Amendment violation). 25 B.

(PC) Tomasini v. Chau

District Court, E.D. California · May 21, 2024

immunity. … immunity. 1 | purposeful act or failure to respond to plaintiffs urinary condition by defendants in this case.

(PC) Salazar v. Clark

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

Morgensen, 465 F.3d 8 1041, 1047 (9th Cir. 2006) (holding that it was clearly established law that a “safety hazard in an 9 occupational area” violated prisoner’s Eighth Amendment rights); Keenan v. … Borg, 60 F.3d 664, 666-67 (9th Cir. 1995) (holding that the law 15 was sufficiently clearly established to allow an Eighth Amendment claim for failing to remove 16 inmate from cell where he was exposed to unidentified

(PC) Bennett v. Burton

District Court, E.D. California · Dec 12, 2022

complaint or portion thereof if the prisoner has raised claims that are legally 5 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 6 monetary relief from a defendant who is immune … 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.

(PC) Bradford v. Safy

District Court, E.D. California · Mar 1, 2022

But the court also found that plaintiff’s allegations 21 qualified for the imminent danger exception to the three strikes bar because of his claim that he 22 had been denied medical care for severe injuries and illnesses … Further, each of his claims must be clearly stated and supported with facts showing 6 how a particular defendant caused him harm.

(PC) Hunter v. Williams

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

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Plaintiff makes only conclusory assertions that the nurse was not 20 qualified to remove his boil and fails to allege facts showing that Do-Williams would have known 21 the nurse was not qualified and therefore posed

(PC) Mendez v. Morales

District Court, E.D. California · Feb 20, 2025

established.” … immunity on all of plaintiff’s 27 claims.

(PC) Johnston v. CDCR Health Care

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

Defendants clearly raised 4 Eighth Amendment concerns which unjustifiably inflicted pain and injuries of me catching COVID 19 by listed above defendants.” … 13 with final authority to establish that policy.”

(PC) Miles v. Petersen

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

The court may, therefore, dismiss a claim as frivolous when it is based on an 13 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 14 490 U.S. at 327. … An authorized deprivation is one 16 carried out pursuant to established state procedures, regulations, or statutes. Piatt v. McDougall, 17 773 F.2d 1032, 1036 (9th Cir. 1985); see also Knudson v.

(PS) Costa v. Haet

District Court, E.D. California · May 8, 2023

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.

(PS) Storman v. Alta Regional Center

District Court, E.D. California · Dec 28, 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. … These allegations fail to 1 | establish the elements of an Unruh Act violation. Plaintiff must plead factual matter that 2 | plausibly establishes the elements of his causes of action. 2.