Case law

Cortez v. FCA US LLC

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

If only a portion or portions 12 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 … If only a portion or portions of the 24 material on a page qualifies for protection, the Producing Party also must clearly 25 identify the protected portion(s) (e.g., by making appropriate markings in the

(PC) Singanonh v. Susanville Prison

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

Defendants also argue that they are entitled to qualified 22 immunity. … Because the Court recommends granting summary judgment on evidentiary grounds, it 23 does not address the question of qualified immunity. 24

United States Fidelity & Guaranty Co. v. Lee Investments LLC

551 F. Supp. 2d 1114 · District Court, E.D. California · Mar 18, 2008

The evidence clearly established that all of the communications from American Specialty went through Aon/Albert G. Rubin and/or Aon Risk Services before reaching Lee, or went from Lee through Aon to American Specialty. … Lee cites Rule 702, Federal Rules of Evidence (“If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to *1129 determine a fact in issue, a witness qualified

(PC) Fayed v. Allison

District Court, E.D. California · Apr 26, 2022

or portion thereof if the prisoner has raised claims 19 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 20 granted, or that seek monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 25 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 26 490 U.S. at 327.

(PC) Torres v. Patel

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

Qualified Immunity 26 Because the Court has found that Defendants’ are entitled to summary judgment on the merits 27 of the claims, the Court need not determine whether they … are entitled to qualified immunity. 28 /// wOoOe 4:40 □□ EOOUINM SEA MMVI Sr POO II EN AY OV VI ee 1

San Luis & Delta-Mendota Water Authority v. United States Department of the Interior

870 F. Supp. 2d 943 · District Court, E.D. California · Apr 25, 2012

That result, “would directly conflict with Interior’s mandate to give effect to the hierarchy of purposes established in Section 3406(b)(2).” Id. … See Compl. at ¶ 8 (“The United States has waived its sovereign immunity, and that of the federal agencies and employees, pursuant to 5 U.S.C. §§ 701 et seq. including sections 702 and 704”).

(PC) Mancuso v. Sacramento County Jail

District Court, E.D. California · Jul 8, 2025

complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … Chung, 391 F.3d 1051, 1060 (9th Cir. 2004) (negligence 22 constituting medical malpractice is not sufficient to establish an Eighth Amendment violation). 23 V.

Cardenas v. County of Tehama

District Court, E.D. California · Sep 3, 2021

.) 24 2 The Court also notes that to the extent Plaintiffs’ claim is based on the actions of individual officers, those officers would likely be granted qualified … immunity based on the lack of 25 clearly established law on this issue.

(PS) Sharma v. Home Buyers Realty and HBR Rentals

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

However, a determination that a plaintiff qualifies financially for in forma 1 pauperis status does not complete the inquiry required by the statute. … Under this standard, a court must dismiss a 18 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 19 factual contentions are clearly baseless.

(PS) Roots v. Fox

District Court, E.D. California · Mar 10, 2025

issue a temporary restraining order “without written or oral notice to the 10 adverse party” only if 11 (A) specific facts in an affidavit or a verified complaint clearly … As the moving party, plaintiff bears the 19 burden of establishing the merits of his claims. See Winter, 555 U.S. at 20.

(PC) Wright v. Deforest

District Court, E.D. California · Jun 23, 2025

The requisite causal connection between a supervisor’s wrongful conduct and the 5 violation of the prisoner’s constitutional rights can be established in a number of ways, including 6 by demonstrating that a supervisor … Section 1983 does not 21 abrogate the states’ Eleventh Amendment immunity from suit. See Quern v. Jordan, 440 U.S. 22 332, 344-45 (1979); see also Hafer v.

(PC) Smith v. Akintola

District Court, E.D. California · May 6, 2022

Defendant also argues that he should be granted qualified immunity. … Should the District Judge decline to adopt these findings and recommendations, the court will address the propriety of qualified immunity in this 28 | case. 12

Conservation Cong. v. U.S. Forest Serv.

377 F. Supp. 3d 1039 · District Court, E.D. California · Mar 27, 2019

Id. at 251-52 , 106 S.Ct. 2505 . *1047 In the endeavor to establish the existence of a factual dispute, the opposing party need not establish a material issue of fact conclusively in its favor. … However, Defendant Forest Service clearly determined private land would be logged. (BA 8 at 14 ("Private land affected by a fire severity class of 2 (low-moderate) or above would be entirely salvage logged.... ").)

Farley v. Lincoln Benefit Life Co.

District Court, E.D. California · Feb 4, 2022

If only a portion 9 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 10 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 11 … If only a portion or portions of the material on 19 a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 20 (e.g., by making appropriate markings in the margins).

(PC) Hicks v. Covello

District Court, E.D. California · Oct 6, 2022

complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … 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.

Fite v. Shamrock Foods Company

District Court, E.D. California · Nov 29, 2021

If only a portion of the material on a page qualifies for 6 protection, the Producing Party also must clearly identify the protected portion(s) … This provision is not intended to modify 21 whatever procedure may be established in an e-discovery order that provides for 22

Shasta Resources Council v. United States Department of the Interior

629 F. Supp. 2d 1045 · District Court, E.D. California · Apr 7, 2009

The FLPMA and the Redding Resource Management Plan The FLPMA defines BLM’s land management authority and “establishes systems for information gathering and land use planning.” Or. … This result would clearly conflict with BLM’s perception of the public interest.

Coronado v. City of Fresno

District Court, E.D. California · Mar 7, 2023

If only a portion 15 or portions of the material on a page qualifies for protection, the Producing Party also 16 must clearly identify the protected portion(s) (e.g., by making appropriate markings 17 in the margins … Then, before producing 27 the specified documents, the Producing Party must affix the “CONFIDENTIAL” 1 the material on a page qualifies for protection, the Producing Party also must clearly 2 identify the protected

(PC) Bacha v. Chavez

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

The court may, therefore, dismiss a claim as frivolous where it is based on an 1 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 2 490 U.S. at 327. … An authorized deprivation is one 5 carried out pursuant to established state procedures, regulations, or statutes. Piatt v. McDougall, 6 773 F.2d 1032, 1036 (9th Cir. 1985); see also Knudson v.

(PC) Smith v. Hutchinson

District Court, E.D. California · Aug 30, 2019

moved for summary judgment under Federal Rule of Civil Procedure 56, ` 2 arguing that the move was not objectively dangerous, that the defendants were not subjectively 3 indifferent to any danger, that Smith cannot establish … causation, and that defendants Torres and 4 Hoggard are entitled to qualified immunity.