Case law

Premier Pools Mgmt. Corp. v. Colony Ins. Co.

328 F. Supp. 3d 1075 · District Court, E.D. California · Jul 25, 2018

Here, similarly, this Court previously granted Defendant's summary judgment motion on the basis that Plaintiff did not qualify as an insured entity under Defendant's policies. … The Ninth Circuit's written opinion reversed this Court's ruling on whether Plaintiff qualified as an insured entity. Ninth Circuit Ruling at 3.

Miranda

District Court, E.D. California · Feb 3, 2026

complaint or portion thereof if the prisoner raised claims that are legally 10 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 11 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 15 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 16 490 U.S. at 327.

(PC) Martinez v. Sherman

District Court, E.D. California · Jan 13, 2022

Aug. 8, 2017) (“Supervisor defendants 11 are entitled to qualified immunity where the allegations against them are simply ‘bald’ or 12 ‘conclusory’ because such allegations do not ‘plausibly’ establish the supervisors … by a...policymaker possessed with final authority to establish that policy.”

(PC) Popovich v. Igbinosa

District Court, E.D. California · Nov 5, 2020

“[E]ven gross negligence is insufficient to establish a 13 constitutional violation.” Id. (citing Wood v. … The amended complaint should be 14 clearly and boldly titled “First Amended Complaint,” refer to the appropriate case number, and 15 be an original signed under penalty of perjury. 16

(PC) Diaz v. Hurley

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

or portion thereof if the prisoner has raised claims that are legally 21 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 22 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 26 indisputably meritless legal theory or where the factual contentions are clearly baseless.

(PC) Bonsall v. California Department of Corrections and Rehabilitation

District Court, E.D. California · Oct 17, 2019

complaint or portion thereof if the prisoner has raised claims that are 8 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 9 that seek monetary relief from a defendant who is immune … The amended complaint should be clearly and boldly 19 titled “First Amended Complaint,” refer to the appropriate case number, and be an original 20 signed under penalty of perjury.

(PC) Kamilchu v. County of Sacramento

District Court, E.D. California · Jun 26, 2023

or portion thereof if the prisoner has raised claims 26 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 27 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 4 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 5 490 U.S. at 327.

Patrick John Pellegrini v. Commissioner of Social Security

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

In 8 order to deny a claim at step two, the ALJ must have “substantial evidence to find that the 9 medical evidence clearly established that [the claimant] did not have a medically severe 10 impairment or combination … CONCLUSION 4 The Court concludes that because the record did not clearly establish a slight impairment 5 || with no more than a minimal effect on Plaintiff's ability to work, the ALJ erred in denying the 6 ||

Patrick John Pellegrini v. Commissioner of Social Security

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

In 8 order to deny a claim at step two, the ALJ must have “substantial evidence to find that the 9 medical evidence clearly established that [the claimant] did not have a medically severe 10 impairment or combination … CONCLUSION 4 The Court concludes that because the record did not clearly establish a slight impairment 5 || with no more than a minimal effect on Plaintiff's ability to work, the ALJ erred in denying the 6 ||

Patrick John Pellegrini v. Commissioner of Social Security

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

In 8 order to deny a claim at step two, the ALJ must have “substantial evidence to find that the 9 medical evidence clearly established that [the claimant] did not have a medically severe 10 impairment or combination … CONCLUSION 4 The Court concludes that because the record did not clearly establish a slight impairment 5 || with no more than a minimal effect on Plaintiff's ability to work, the ALJ erred in denying the 6 ||

Stevens v. Department of Treasury - Internal Revenue Service

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

s complaint, or any portion thereof, is subject to dismissal if it is frivolous 7 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 8 relief from a defendant who is immune … Under § 6248(a), eligible individuals may receive a tax credit in the amount 25 of $1,200 ($2,400 if filing a joint return), plus $500 multiplied by the number of qualifying 26 children.

(PC) Wolinski v. Abdulgader

District Court, E.D. California · Mar 6, 2023

“To establish a violation of Title II of the ADA, a plaintiff must show that 2 (1) [he] is a qualified individual with a disability; (2) [he] was excluded from participation in or 3 otherwise discriminated against with … “To establish a violation of 12 § 504 of the RA, a plaintiff must show that (1) [he] is handicapped within the meaning of the RA; 13 (2) [he] is otherwise qualified for the benefit or services sought; (3) [he] was denied

(PC) Ngo v. Campbell

District Court, E.D. California · Oct 15, 2024

(Doc. 12 at 3.) 26 Plaintiff supporting facts are quoted in their entirety as follows: 27 Clearly established laws under People v. Howard, 72 Cal. … Clearly established laws both state and federal require that a Warden shall have received [a JOC] from a 6 Court of jurisdiction before a Warden can accept, detain/imprison a prisoner

(PC) Rayford v. Sherman

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

“Qualified immunity shields government officials from civil damages 12 liability unless the official violated a statutory or constitutional right that was clearly established 13 at the time of the challenged conduct.” … Qualified 15 immunity analysis requires two prongs of inquiry: “(1) whether ‘the facts alleged show the 16 official’s conduct violated a constitutional right; and (2) if so, whether the right was clearly 17 established

McGee v. Poverello House

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

Sept. 4, 2009) (holding San Francisco Housing Authority does 24 not qualify as “business establishment” because it administers governmental housing programs to 25 qualified participants); Romstad v. … Plaintiffs cite two cases regarding rental units qualifying as 8 business establishments. See Marina Point, Ltd. v.

(PC)Bazzo v. Gates

District Court, E.D. California · Apr 11, 2025

In the endeavor to establish the existence of a factual dispute, 16 the opposing party need not establish a material issue of fact conclusively in its favor. … Further, given these findings, the 8 Court declines to address Defendants’ argument concerning qualified immunity (Doc. 65-1 at 11- 9 13) and Plaintiff’s subsequent motion for injunctive relief (Doc. 70).

Guzman v. Peri & Sons Farms of California, LLC

District Court, E.D. California · Dec 22, 2022

(Id., ¶ 9.) 20 Though these statements suggest Estrada may not ultimately qualify as a managing agent, 21 they are largely conclusory in nature. … In other words, the “half” of the workforce that 12 Defendants claim to be counting consists of the entire pool of employees that could ever qualify 13 as members of the class.

Lacy v. Fresno County Sheriff's Office

District Court, E.D. California · Jul 16, 2025

As a basic matter, the complaint does not clearly allege what happened, 20 when it happened, or who was involved. … If Plaintiff elects to amend her complaint, she must clearly state what 23 happened, when it happened, and who was involved. 24 B.

(PS) Reedy v. State of California

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

screen every in forma pauperis 23 proceeding and must dismiss the case if it is “frivolous or malicious,” “fails to state a claim on 24 which relief may be granted,” or “seeks monetary relief against a defendant who is immune … Plaintiff’s 8 parentage was formally established in a court on August 2, 2018, and he obtained joint legal 9 custody on October 18, 2018.

Michael Alan Dean Hill v. El Dorado County, et al.

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

App’x 751 (9th Cir. 1 2011) (“[A] prisoner has no constitutionally guaranteed immunity from being falsely or wrongly 2 accused of conduct which may result in the deprivation of a protected liberty interest.” … In Devereaux, the Ninth Circuit held that “there is a clearly established 19 constitutional due process right not to be subjected to criminal charges on the basis of false 20 evidence that was deliberately fabricated