Case law

Doe v. D.M. Camp & Sons

624 F. Supp. 2d 1153 · District Court, E.D. California · Mar 31, 2008

The language used by Plaintiffs is highly qualified and non-specific. … The Defendants appear to agree that all employment conditions communicated by the employer to the employee qualify as working arrangements. See Doc. 128, D.M.

(SS) Hafer v. United States

District Court, E.D. California · Mar 6, 2023

“Dismissal under Rule 12(b)(1) for lack of subject matter jurisdiction is appropriate if the 24 complaint, considered in its entirety, on its face fails to allege facts sufficient to establish … Sanders, 430 U.S. 99, 108 (1977) (“This provision clearly limits judicial review 14 to a particular type of agency action, a ‘final decision of the

(PC) Banuelos v. Weiss

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

By establishing the existence of a serious medical need, a prisoner satisfies the 8 objective requirement for proving an Eighth Amendment violation. Farmer v. … Plaintiff is advised that in an amended complaint he must 1 clearly identify each defendant and the action that defendant took that violated his constitutional 2 rights.

(PC) Harbor v. CDCR

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

identify any cognizable 8 claims and dismiss any portion of the complaint that is frivolous or malicious, fails to state a 9 claim upon which relief may be granted, or seeks monetary relief from a defendant who is 10 immune … Title II of the ADA, which “prohibits a 22 ‘public entity’ from discriminating against a ‘qualified individual with a disability’ on account of 23 that individual’s disability, covers inmates in state prisons.”

(PC)Wallace v. White

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

Mere negligence on the 14 part of a prison official is not sufficient to establish liability, but rather, the official's conduct must 15 have been wanton. Farmer, 511 U.S. at 835; Frost v. … Riojas, 141 S.Ct. 52, 53-54 (2020) (finding no qualified immunity 24 to officers who housed inmate “in cells teeming with human waste” for six days). 25 2.

(PC) Lear v. Navarro

District Court, E.D. California · Jul 13, 2021

To 16 establish a failure to protect claim, the prisoner must establish that prison officials were 17 … The Eighth 12 Amendment right to food was clearly established as of at least 2001. Foster v. Runnels, 554 F.3d 13 807, 815 (9th Cir. 2009).

(PC)Sierra v. Patterson

District Court, E.D. California · Jun 15, 2022

Covello to send someone he trusted to evaluate 8 Plaintiff’s teeth for the purposes of establishing proof of misconduct. … ECF No. 1, pg. 4 (emphasis added). 18 This is simply too vague and tenuous an allegation to meet the established standard.

Dunn v. Department of Consumer Affair

District Court, E.D. California · Jul 21, 2025

appeal is frivolous or malicious, fails to state a claim upon which 28 1 relief may be granted, or seeks monetary relief against a defendant who is immune … In sum, it is unclear how the alleged 19 conduct by the defendants establishes the claims that Plaintiffs purport to bring against them.

Cleveland v. Xiong

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

It also lacks chronological 12 or other discernible order, and it fails to clearly identify his allegations and claims. … As alleged, Plaintiff cannot bring such a claim against the USDA and its agents. 1 Moreover, the United States and its agencies are immune from suit, unless sovereign immunity 2 has been waived. Loeffler v.

Stevens v. Department of Treasury - Internal Revenue Service

District Court, E.D. California · Mar 2, 2022

s complaint, or any portion thereof, is subject to dismissal if it is frivolous 2 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 3 relief from a defendant who is immune … Under § 6248(a), eligible individuals may receive a tax credit in the amount 1 of $1,200 ($2,400 if filing a joint return), plus $500 multiplied by the number of qualifying 2 children.

(PC) Harris v. Benkle

District Court, E.D. California · May 19, 2020

The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably 16 meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 17 327. … By establishing the existence of a serious medical need, a prisoner satisfies the 26 objective requirement for proving an Eighth Amendment violation. Farmer v.

Mihalovic v. City of Turlock

District Court, E.D. California · Aug 6, 2019

If only a portion or portions of the 19 material on a page qualifies for protection, the Producing Party also must clearly identify the 20 … If only a portion or portions of the material on a page qualifies for protection, the 9 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 10 markings in the margins) and

(PC)Payne v. Lim

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

Id. 1 Plaintiff has not alleged any facts that establish Dr. … In an amended complaint plaintiff must clearly identify each 13 defendant and the action that defendant took that violated his constitutional rights.

(PC) Moore v. Hill

District Court, E.D. California · Jan 30, 2024

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 27 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Mar. 18, 2009) (officers 18 executing search warrant entitled to qualified immunity because alleged comments that “[t]here is 19 no crack in this crack” and “I wonder if he has ever been molested” made during strip search

(PC) Adams v. California Department of Corrections

District Court, E.D. California · Apr 7, 2021

The court may, therefore, dismiss a claim as frivolous where it is based on an 12 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 13 490 U.S. at 327. … In order to state a cognizable due process claim, plaintiff must first establish the 18 existence of a liberty interest for which protection is sought.

(PC) Cox v. Krpin

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

Court, 490 26 3 Defendant also argues that he is entitled to qualified immunity. (ECF No. 45-1 at 6-8.) … As the 27 court finds that defendant did not violate plaintiff's Eighth Amendment rights, the court need not address the question of qualified immunity. Pearson v.

(PC) Johnson v. Unknown FBI Agents

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

The court may dismiss a claim as frivolous if it is based on an indisputably meritless 5 legal theory or where the factual contentions are clearly baseless. … Circumstances such 10 | as lack of legal education and limited law library access do not establish exceptional 11 | circumstances that would warrant a request for voluntary assistance of counsel.

Williams v. U.S. Bank National Ass'n

290 F.R.D. 600 · District Court, E.D. California · Jun 20, 2013

Defendant asserts that plaintiff has failed to establish an “evidentiary basis” for a willful violation in their motion. … However, an employee whose primary duty is selling financial products does not qualify for the administrative exemption. 29 C.F.R. § 541.203 (b). .

County of Kern v. Tyler Technologies, Inc.

District Court, E.D. California · Dec 21, 2020

If only a portion or portions of the material on a page qualifies for protection, 5 the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 6 markings in the margins). … If only a 14 portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly 15 identify the protected portion(s) (e.g., by making appropriate markings in the margins).

Phillips-Kerley v. City of Fresno Fire Department

District Court, E.D. California · Jul 2, 2025

The Court will 7 bar use of the evidence in question only if the moving party establishes that the evidence clearly 8 is not admissible for any valid purpose. Jonasson v. … qualified and, if so, to what extent.5 (Doc. 190 at 2.)