Case law
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District Court, E.D. California · Aug 26, 2020
Defendants further argue that they are entitled to qualified immunity. Id. 24 at 26-28. 25 B. … immunity. 15 VII.
Cited 0 timesUnknownCactus 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.”
Cited 19 timesPublishedDistrict Court, E.D. California · Apr 9, 2024
If only a portion or portions of the material on a page qualifies for protection, the 22 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 23 markings in the margins … If only a portion or portions of the material on a page qualifies for 4 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 5 appropriate markings in the margins
Cited 0 timesUnknownPublic Timber Purchasers' Group v. U.S. Dept.of Agriculture
District Court, E.D. California · Jan 19, 2022
As a small business, this purchase volume 5 had established a 74 percent small business share for the Trinity Market Area. … The regulation clearly states 11 that “[t]his date must be specified in the notice of decision…” 36 C.R.R. § 223.118(e). 12 Here, no 20-day deadline was provided under subdivision (e).
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 27, 2023
immunity from suit; and (3) Plaintiff did not properly exhaust 2 his administrative remedies against Defendants Lopez and Cuevas before bringing suit. … Plaintiff is able to prepare and file documents 9 clearly setting forth his contentions, without assistance from counsel.
Cited 0 timesUnknownAlisa Razumovsky v. Nelnet Servicing, LLC
District Court, E.D. California · Feb 27, 2026
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
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 10, 2024
Immunity 15 Defendants Baughman and Lynch argue that they are immune from liability on 16 Plaintiffs' state law claims because they are immune under California Government … Court finds that Defendants' immunity argument is not 23 persuasive.
Cited 0 timesUnknownKohleriter v. U.S. Dept. of Agriculture
District Court, E.D. California · Aug 30, 2025
As 23 such, Plaintiffs have established a likelihood of success on this claim. 24 B. … This qualified right has been understood to extend to the viewing of wild 13 horse gather operations on public land, see Leigh v.
Cited 0 timesUnknown834 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
Cited 4 timesPublishedDistrict Court, E.D. California · May 15, 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.
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 3, 2021
If only a portion or portions of the material on a page qualifies for protection, the 25 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 26 markings in the margins) and … 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). 11
Cited 0 timesUnknownSwetala v. Quten Research Institute, LLC
District Court, E.D. California · Aug 4, 2025
Except as otherwise provided in this Order, or 22 as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material … The restriction on use or 13 disclosure of Protected Material established by this Stipulated Protective Order are applicable only 14 to the use or disclosure of Protected Material by the recipient of such information
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 8, 2022
Qualified Immunity 14 Defendants move for summary judgment on the grounds that they are entitled to qualified 15 immunity as to plaintiff’s constitutional claims. 16 In Saucier v. … Katz, 533 U.S. 194 (2001), the Supreme Court set forth a two-pronged test to 17 determine whether qualified immunity exists.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 10, 2025
Plaintiff told Hosuru that she was not able to eat the regular food given to her 25 or think clearly because she was not able to get enough food intake. … Merely 8 negligent medical care is not enough to establish a constitutional violation. Frost v.
Cited 0 timesUnknown854 F. Supp. 2d 770 · District Court, E.D. California · Apr 6, 2012
HolliShare is a non-contributory, tax qualified defined contribution profit sharing plan designed to provide retirement benefits to Hollister’s non-union employees in the United States. … Plaintiffs rely on the evidence at trial establishing that JDS, through the mid-80s agreement, proposed and established the practice of HolliShare selling its shares to JDS once per year at the December 31 book value.
Cited 5 timesPublishedDistrict Court, E.D. California · Oct 4, 2019
The court must dismiss a complaint or portion thereof if it: (1) is frivolous or 22 malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief 23 from a defendant who is immune … hasten future 6 parole consideration and not affect any earlier parole determination under the prior procedures). 7 Here, success on plaintiff’s claims relating to miscalculation of his sentence would 8 clearly
Cited 0 timesUnknown(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
Cited 0 timesUnknown(PS) Simmons v. LVNV Funding LLC
District Court, E.D. California · Apr 15, 2025
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
Cited 0 timesUnknownDistrict 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
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 22, 2020
The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably 18 meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 19 327. … Plaintiff is advised that in an amended complaint he must 5 clearly identify each defendant and the action that defendant took that violated his constitutional 6 rights.
Cited 0 timesUnknown
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