Case law

(PS)Murphy v. Allstate Insurance Company

District Court, E.D. California · Aug 28, 2020

the case at any time if it determines the 23 allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on 24 which relief may be granted, or seeks monetary relief against an immune … Plaintiff’s allegations do not establish defendant owed him a duty of 10 care, much less a breach of a duty.

Jordan Kimball v. Sacramento County District Attorney’s Office, et al

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

however, requires federal courts to dismiss such a case if the action is legally “frivolous or 7 malicious,” fails to state a claim upon which relief may be granted or seeks monetary relief from 8 a defendant who is immune … In reviewing a complaint under this standard, the 22 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 23 are clearly baseless or fanciful, (2) construe those allegations

Carlin v. DairyAmerica, Inc.

978 F. Supp. 2d 1103 · District Court, E.D. California · Oct 16, 2013

California Dairies joins DairyAmerica’s motion to dismiss and further contends that it is immune from Plaintiffs suit under California law in its capacity as a non-profit state commodity marketing association. … (“AMAA”) “in order to establish and maintain orderly marketing conditions and fair prices for agricultural commodities.” [Citation.]

In Re Consolidated Salmonid Cases

791 F. Supp. 2d 802 · District Court, E.D. California · Sep 20, 2011

Some of the projects in the RPA may qualify for those sources of funds. Id. at 723-24. … Congress has chosen to partially immunize such agency "mis-performance."

(PC) Rilurcasa v. State of California

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

Here, 16 Plaintiff has named state agencies as Defendants, which are immune under the Eleventh Amendment. 17 However, with regard to state officials sued in their official capacity, the Eleventh Amendment 18 immunizes … Mere 27 negligence on the part of a prison official is not sufficient to establish liability, but rather, the official’s 28 conduct must have been wanton.

(PC) Colston v. Vorkulin

District Court, E.D. California · Nov 23, 2021

However, to establish such a claim, the plaintiff must show that the delay was 22 harmful. … While such a 25 delay could theoretically be sufficient to establish a deliberate indifference claim, plaintiff has 26 alleged no facts which establish that how he was harmed by this delay. (See Id.)

(PS) Wilde v. County of Butte

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

complaint or portion thereof if the prisoner has raised claims that are legally 26 “frivolous or malicious,” fail to state a claim upon which relief may be granted, or seek monetary 27 relief from a defendant who is immune … The 28 court may dismiss a claim as frivolous when it is based on an indisputably meritless legal theory 1 or when the factual contentions are clearly baseless. Neitzke v.

(PC) Abreu v. Shasta County Sheriff's Office

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

complaint or portion thereof if the prisoner raised claims that are legally 9 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 10 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 14 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 15 490 U.S. at 327.

Condit v. National Enquirer, Inc.

248 F. Supp. 2d 945 · District Court, E.D. California · Jul 10, 2002

In the context of the Complaint, Defendant seeks to utilize the anti-SLAPP law to gain immunity from alleged defamation, not to be free of a wrongfully intimidating meritless lawsuit designed to stifle desirable political … Section 48a contemplates a publication-based, rather than an article-based, determination of what qualifies as a “newspaper.” See, e.g., McCoy v.

(PC) Ramsey v. California Department of Corrections

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

whether Rasheed was an employee at the 2 privately-owned hospital or a medical professional employed by the prison or the state. 3 Distinguishing between a private party and a government employee is crucial towards 4 establishing … Because plaintiff 8 has not clearly alleged whether Rasheed was a hospital employee or an optometrist employed by 9 the prison, the Court cannot properly analyze plaintiff’s complaint against Rasheed.

(PC) Vandagriff v. Hill

District Court, E.D. California · May 18, 2022

To establish a violation of a prison official’s duty to take reasonable steps to protect inmates 22 from physical abuse, the prisoner must establish that prison officials were “deliberately 23 indifferent” to serious … “Mere negligence 24 is not sufficient to establish liability.” Frost v.

(PC) Russo v. Johnson

District Court, E.D. California · Jul 12, 2023

“In the simplest and most absolute of terms ... 18 prisoners [have a clearly established Eighth Amendment right] to be free from sexual abuse ....” 19 Schwenk, 204 F.3d at 1197. … “In evaluating a prisoner's claim, courts consider whether ‘the 20 officials act[ed] with a sufficiently culpable state of mind’ and if the alleged wrongdoing was 21 objectively ‘harmful enough’ to establish a constitutional

Schmuckley v. Rite Aid Corporation

District Court, E.D. California · Oct 16, 2020

While “the right to inspect and 15 copy judicial records is not absolute,” access in civil cases is properly denied for clearly 16 justifiable reasons: to protect against “‘gratif[ication of] private spite or promot[ion … To establish good cause, a party must show “for each 8 particular document it seeks to protect . . . that specific prejudice or harm will result” absent 9 sealing. See Foltz, 331 F.3d at 1130 (citation omitted).

Perrielin Sessions v. Solano County Health and Social Services, et al.

District Court, E.D. California · Jun 26, 2026

Mar. 25, 2026) (a 15 complaint fails to allege violations of the ICWA if it does not allege facts that, if true, would 16 establish the child at issue is Native American). 17 IV. … It 21 now clearly appears that granting further leave to amend would be futile. Thus, the amended 22 complaint should be dismissed without further leave to amend. See California Architectural Bldg. 23 Prod. v.

Armstrong v. Hartford Life & Accident Insurance

63 F. Supp. 3d 1191 · District Court, E.D. California · Oct 30, 2014

Thus, as Defendant explains, Plaintiffs proof of loss was never considered late. 7 However, the Policy also clearly states that a claimant “cannot take legal action ... after 3 years following the date proof of loss is due … Because the underlying merits of Plaintiff’s claim are not at issue in the instant Motion, the Court does not address whether Decedent’s death occurred as a result of an injury which would qualify her for the Policy.

(PC) King v. Lemos

District Court, E.D. California · May 21, 2021

The CDCR is a state agency and is 7 therefore immune from suit under the Eleventh Amendment. See Will v. … Halderman, 465 U.S. 89, 100 (1984) (holding that Eleventh Amendment immunity extends to 12 state agencies.) The CDCR is immune from suit. 13 D.

L.H. v. Schwarzenegger

519 F. Supp. 2d 1072 · District Court, E.D. California · Sep 19, 2007

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. … An affi-ant whose statements rely on hearsay clearly does not meet this standard. Block v. City of Los Angeles, 253 F.3d 410, 419 (9th Cir.2001).

Allison

District Court, E.D. California · Apr 7, 2026

ECF No. 23. 1 a claim upon which relief may be granted, or that seek monetary relief from a defendant who is 2 immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). 3 A claim is legally frivolous … The court may, therefore, dismiss a claim as frivolous where it is based on an 6 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 7 490 U.S. at 327.

(PC) Evans v. Lassiter

District Court, E.D. California · Nov 29, 2023

Defendants move for summary judgment on the grounds that plaintiff failed to exhaust his 22 administrative remedies, his claim fails on the merits, and defendants are entitled to qualified 23 immunity. ECF No. 84. … However, the non-moving party is not required to establish a material 12 issue of fact conclusively in its favor; it is sufficient that “the claimed factual dispute be shown to 13 require a jury or judge to resolve the

(PC) Robins v. Ramirez

District Court, E.D. California · Oct 27, 2021

or portion thereof if the prisoner has raised claims that are legally 27 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 28 monetary relief from a defendant who is immune … a violation of this duty, the prisoner must establish that prison officials were 17 “deliberately indifferent to a serious threat to the inmate’s safety.”