Case law

(PC) Flow-Sunkett v. Diaz

District Court, E.D. California · Mar 18, 2021

The court may, therefore, dismiss a claim as frivolous when it is based on an 7 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 8 490 U.S. at 327. … Eligibility for family visiting shall be limited by the assignment of the inmate to a qualifying 16 work/training incentive group as outlined in section 3044. 17 (1) Family

(PC) West v. High Desert State Prison

District Court, E.D. California · Nov 30, 2020

The court may, therefore, dismiss a claim as frivolous where it is based on an 8 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 9 490 U.S. at 327. … Baldwin, 70 F.3d 1074, 1077 (9th Cir. 1995) (The very 22 obviousness of the risk may suffice to establish the knowledge element.).

(PC) Van Huisen v. House of Representatives

District Court, E.D. California · Jan 26, 2024

complaint or portion thereof if the prisoner raised claims that are legally 6 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 7 monetary relief from a defendant who is immune … To establish standing (U.S.

Otgondaataz

District Court, E.D. California · May 27, 2026

IFP statute requires federal courts to dismiss a case if the action is legally 24 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 25 monetary relief from a defendant who is immune … In reviewing a complaint under this standard, the court will 28 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly 1 baseless or fanciful, (2) construe those allegations

Equal Employment Opportunity Commission v. Tortilleria "La Mejor"

758 F. Supp. 585 · District Court, E.D. California · Feb 20, 1991

That in accordance with the applicable substantive law and long established administrative interpretations, the plain language of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., protects all ‘employees … Defendant contends: If Congress intended Title VII protections, it could very clearly and very easily have said so. Congress chose not to do so.

Bonta

District Court, E.D. California · Apr 29, 2026

“The Court may ... dismiss a claim as frivolous 22 | where it is based on an indisputably meritless legal theory or where the factual contentions are 23 clearly baseless.” Howell v. … Aug. 13, 2021) (citing Neitzke, 490 U.S. at 327). 25 A review of Plaintiff's complaint establishes that 1t contains fantastical claims.

Natural Resources Defense Council v. Norton

236 F. Supp. 3d 1198 · District Court, E.D. California · Feb 23, 2017

The resulting ITS provides the applicant agency with immunity from Section 9. … Upon further review, the Court concludes this assumption runs counter to established precedent.

O'BOSKY v. Astrue

651 F. Supp. 2d 1147 · District Court, E.D. California · Aug 24, 2009

The court finds that the medical evidence does not clearly establish that plaintiffs mental impairment was a slight abnormality having no more than a minimal effect on his ability to work. … to recognize an impairment as severe when the medical evidence does not clearly establish that the impairment had no more than a minimal effect on the claimant’s ability to work at the relevant time.

Jordan v. Wonderful Citrus Packing LLC

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

But this only highlights the 5 problem with Wonderful Citrus’ motion: the motion is disguised as a “trial management” motion 6 when it clearly is an untimely Rule 56 summary judgment motion. See Doc. … This was despite the fact that the motion repeatedly invoked the 25 summary judgment standard of Rule 56, such as by arguing that “the undisputed facts establish 26 that the communications were made on privileged occasions

(PC) Pittman v. Kamen

District Court, E.D. California · Apr 8, 2020

McElroy is not medically qualified to respond to medical appeals 27 because he does not have a medical background. … “[E]ven gross negligence is insufficient to establish a 8 constitutional violation.” Id. (citing Wood v.

(PC) Madrid v. Anglea

District Court, E.D. California · Apr 7, 2020

The Court 27 must dismiss a complaint or portion thereof if the prisoner has raised claims that are frivolous or 1 defendant immune from such relief. 28 U.S.C. § 1915A(b). … Similarly, in 26 Dunn, the Ninth Circuit rejected on qualified immunity grounds a challenge to an 18-month 27 restriction on a prisoner’s right to receive visits from his children. 621 F.3d at 1197, 1205.

(PC) Delgado v. Smith

District Court, E.D. California · Sep 8, 2021

The court may, therefore, dismiss a claim as frivolous where it is based on an 11 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 12 490 U.S. at 327. … A 13 showing of merely negligent medical care is not enough to establish a constitutional violation. 14 Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.

Hunt v. Synchrony Bank

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

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 … clearly identify the protected portion(s) (e.g., by making appropriate markings in 20 21 the margins).

(HC) Kemokai v. Rackley

District Court, E.D. California · Jun 4, 2020

The Supreme Court has cautioned, however, that the range of reasonable judgments may depend in part on the nature of the relevant rule argued to be clearly established federal law. Yarborough v. … Runnels, 603 F.3d 1127, 1132-33 (9th Cir. 2010) (holding there is no clearly established federal law “requiring severance where defendants present mutually antagonistic defenses”).

(PC) Vasko v. Amador County Jail

District Court, E.D. California · Feb 13, 2024

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. … It is well established that a 17 layperson cannot ordinarily represent the interests of a class. See McShane v. United States, 366 18 F.2d 286 (9th Cir. 1966).

(PC) Joseph v. Son

District Court, E.D. California · Mar 13, 2023

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. … “To establish a violation of Title II of the ADA, a plaintiff must show that 14 (1) [he] is a qualified individual with a disability; (2) [he] was excluded from participation in or 15 otherwise discriminated against with

Flores

District Court, E.D. California · Apr 27, 2026

In both of these cases, the employee had formally sought accommodation 28 for a well-established disability. … The problem is not an absence of 14 || necessary factual allegations, but that the clearly alleged facts do not support liability under 15 || FEHA for the reasons explained above.

Johnson v. Rush Enterprises, Inc.

District Court, E.D. California · Aug 16, 2019

If only a portion or portions of the material on 21 a page qualifies for protection, the Producing Party also must clearly identify the 22 protected portion(s) (e.g., by making appropriate markings in the margins). 23 … If only a 4 portion or portions of the material on a page qualifies for protection, the Producing 5 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 6 markings in the margins).

Porter v. Yuba City Police Dept.

District Court, E.D. California · Nov 12, 2020

However, a determination that a plaintiff qualifies financially for in forma 1 pauperis status does not complete the inquiry required by the statute. … time if the allegation of 13 poverty is found to be untrue or if it is determined that the action is frivolous or malicious, fails to 14 state a claim on which relief may be granted, or seeks monetary relief against an immune

Wendell Wesley v. Commissioner of Social Security

District Court, E.D. California · Jan 28, 2026

Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 13 To qualify for benefits under the Social Security Act, a plaintiff must establish that 14 … Clearly, Plaintiff was not 6 disadvantaged by the ALJ adopting a more restrictive RFC than the RFC arrived at by the state 7 agency consultants. 8 Additionally