Case law

Chan v. Wal-Mart Stores, Inc.

District Court, E.D. California · Dec 31, 2019

If only a portion or portions of the 9 || material on a page qualifies for protection, the Producing Party also must clearly identify the 10 || protected portion(s) (e.g., by making appropriate markings in the margins) … If only a portion or portions of the material on a page 22 || qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 23 || (e.g., by making appropriate markings in the margins)

Evans v. United States

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

App'x 563, 566 (9th Cir. 3 2017) (holding lay witness testimony must be “rationally based on the witness’s perception” and 4 scientific, technical, or specialized knowledge does not qualify as proper lay testimony). … However, the FTCA provides various exceptions to this broad waiver of sovereign 14 immunity, including the discretionary function exception. United States v.

(PS) Andreyev v. Chatigny

District Court, E.D. California · Feb 24, 2025

identify any cognizable claims and 25 dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon 26 which relief may be granted, or seeks monetary relief from a defendant who is immune … established constitutional due process right not to be subjected to 4 criminal charges on the basis of false evidence that was deliberately fabricated by the 5 government.”

(PC) Jones v. San Joaquin County Sheriff's Office

District Court, E.D. California · Jun 27, 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 … 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.

(PC) Edwards v. Lamas

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

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … discriminated against because of his 10 membership in a protected class or that he qualifies as a class of one.

CDCR

District Court, E.D. California · Aug 13, 2026

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.

Munoz v. PHH Mortgage Corp.

District Court, E.D. California · Feb 26, 2025

Defendants respond that the 8 reports “explicitly disclaim including any legal opinions,” ECF 584, at 16, and 9 that they “are clearly business records that are admissible under Federal Rule 10 of Evidence 803(6) … “Qualified” refers not to the witness’s status 18 as an expert but rather to his knowledge of the system by which the relevant 19 records are kept. United States v.

(PS) Mitchell v. U.C. Davis Senior Connections

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

In 15 reviewing a complaint under this standard, the court accepts as true the factual 16 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 17 construes those allegations in the … The Complaint also 10 fails to establish diversity jurisdiction. Plaintiff does not state an amount in controversy 11 and Plaintiff does not establish complete diversity of citizenship.

Lewis v. City of Fresno

834 F. Supp. 2d 990 · District Court, E.D. California · Jul 18, 2011

This step is designed to eliminate at the outset the most patently meritless claims, as where the plaintiff is not a member of the protected class or was clearly unqualified, or where the job he sought was withdrawn and never … Generally, the plaintiff must provide evidence that (1) he was a member of a protected class, (2) he was qualified for the position, he sought or was perform *999 ing competently in the position he held, (3) he suffered an

Railroad 1900, LLC v. City of Sacramento

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

immunity where relevant law was not 10 clearly established); Pauluk v. … Aug. 12, 2015) (“[Defendants’ alleged] omissions do not 10 qualify as affirmative acts.

(PS) Starr v. Ortega Gonzalez

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

Co. v. 2 Waddell & Reed Inc., 360 F.3d 960, 967 (9th Cir. 2004) (stating that “the district court had a duty 3 to establish subject matter jurisdiction over the removed action sua sponte, whether the parties 4 raised … If 14 plaintiff elects to file an amended complaint, it shall be clearly captioned “First Amended 15 Complaint” and shall cure the jurisdictional deficiencies identified above.

Sousa v. Unilab Corp. Class II (Non-Exempt) Members Group Benefit Plan

252 F. Supp. 2d 1046 · District Court, E.D. California · Aug 14, 2002

Specifically, the Policy Provides: Benefit Qualifications To qualify for benefit payment, all of the following must occur. … Clearly, Plaintiffs must have provided proof of loss because Defendants paid life insurance benefits.

(PC) Gonzalez v. Anderson

District Court, E.D. California · Oct 20, 2021

Defendants could and should have, per policy, used the hand-held 19 metal detector, but they elected to treat Plaintiff differently than other similarly-situated inmates. 20 This was clearly done in bad faith and as … activity.” 28 C.F.R. § 35.130(b)(7). 13 The elements of a cause of action under Title II of the ADA are: (1) the plaintiff is an 14 individual with a disability;1 (2) the plaintiff is otherwise qualified

Doe

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

Except as otherwise provided in this Order or as otherwise stipulated or 20 ordered, disclosure or documents and things that qualify for protection under 21 this Order must be clearly designated before or … If only a portion or portions of 3 the material on a page qualifies for protection, the Producing Party also must 4 clearly identify the protected portion(s) (e.g., by making appropriate 5

(PS) Legardy v. Subway Sandwich Shop

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

A court may dismiss a claim as frivolous where it 25 is based on an indisputably meritless legal theory or where the factual contentions are clearly 26 baseless. … In light of this definition, plaintiff must allege more facts establishing 13 defendant’s citizenship in order to establish that the court has jurisdiction. 14 Additionally, the complaint does not contain enough

(PS) Chiu v. Lu Mien Church

District Court, E.D. California · Oct 31, 2023

forma pauperis 27 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 28 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 1 immune … se litigant is entitled to notice of the complaint’s deficiencies and an 16 opportunity to amend prior to dismissal of the action.”). 17 If plaintiff elects to file an amended complaint, it shall be clearly

Spearman

District Court, E.D. California · Sep 15, 2025

“The provision of some medical treatment . . . does not immunize 13 officials from the Eighth Amendment’s requirements.” Edmo v. Corizon, Inc., 935 F.3d 757, 793 14 (9th Cir. 2019) (citing Lopez v. … Although a mere 15 disagreement of medical opinion is insufficient to establish a claim for deliberate indifference, the 16 cases Ravi cites in his objections do not establish that the failure to treat a known and active

(PS) Bisi v. Chase Bank, NA

District Court, E.D. California · Mar 4, 2025

Plaintiff states he made a Qualified Written Request 11 (QWR) to Chase on May 20, 2023. Id. … Plaintiff shall also clearly delineate the claims he is attempting to assert as “counts” 13 or “claims” and set forth sufficient facts to establish a plausible claim as to each cause of action 14 asserted.

(PC) Benn v. Lucca

District Court, E.D. California · Jul 14, 2021

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. … Inmate Appeals 16 The existence of a prison grievance procedure establishes a procedural right only and 17 “does not confer any substantive right upon the inmates.”

Cactus Corner, LLC v. U.S. Dept. of Agriculture

346 F. Supp. 2d 1075 · District Court, E.D. California · Mar 11, 2004

"Pest establishment, a quantitative method for calculating the probability of pest establishment form imported plants and plant products, as a part of pest risk assessment.” … "Pest establishment, a quantitative method for calculating the probability of pest establishment form imported plants and plant products, as a part of pest risk assessment.”