Case law

Chestnut

District Court, E.D. California · Dec 22, 2025

When USCIS 20 determines a principal petitioner will not receive a BFD EAD, USCIS proceeds to a full 21 adjudication for waiting list placement for the principal petitioner and his or her 22 qualifying family members … 25 ultimately unnecessary for the Court to do so as even if the balance of equities did tip clearly

Hodgson v. Roper

District Court, E.D. California · Jun 15, 2022

Nor has he shown that the court’s 20 previous order was clearly erroneous or would work a manifest injustice. … He does not cite authority to suggest this fact qualifies as “exceptional 2 circumstances” under the terms of Rule 11. 3 The motion for reconsideration (ECF No. 43) is denied.

(PC) Bennett v. Burton

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

The Court 13 also finds that the law is clearly established that individuals in government custody have a constitutional right to be protected 14 against a heightened exposure … to serious, easily communicable diseases, and that this this clearly established right extends to 15 protection from COVID-19. 16 Jones, 2022 WL

Genevieve Morrison v. Tuolumne County Sheriff

District Court, E.D. California · Jan 20, 2026

“The burden is on the ‘next friend’ clearly to establish the propriety of his status and 7 thereby justify the jurisdiction of the court.” … Morrison qualifies for next-friend status, which would permit him to 12 initiate the instant petition, it does not allow him to prosecute this action pro se on his wife’s 13 behalf. The Court previously provided Ms.

James v. Wilber

956 F. Supp. 2d 1145 · District Court, E.D. California · Jul 9, 2013

Reed’s testimony at a point in time where, under his version of events, he knew that they did not qualify as witnesses defies any reasonable explanation. … Reed did not qualify as witnesses, Plaintiff stated he is not a lawyer, he did not know he needed to, and he planned to let the Court know at the hearing.

(PC) Solorio v. Sullivan

District Court, E.D. California · Sep 25, 2020

“[E]ven gross negligence is insufficient to establish a 6 constitutional violation.” Id. (citing Wood v. … E.g., Farmer, 511 U.S. 14 at 847; Hearns, 413 F.3d at 1040. 15 To establish a violation of this duty, the prisoner must establish that prison officials were 16 “deliberately

(PS) Murphy v. First Republic Bank, N.A.

District Court, E.D. California · Apr 5, 2021

The court may, therefore, dismiss a claim as frivolous where it is based on an 9 indisputably meritless legal theory or where the factual contentions are clearly baseless. … It is unclear what plaintiff means by a “covert” assault, but the complaint’s 9 allegations clearly do not support a claim of assault. See Carlsen v. Koivumaki, 227 Cal.

Penn-Star Insurance Company v. Zenith Insurance Company

District Court, E.D. California · Jan 31, 2020

Tandem Computs., Inc., 818 F.2d 1433, 1436 (9th Cir. 1987). 23 In the endeavor to establish the existence of a factual dispute, the opposing party need not 24 establish a material issue of fact conclusively in its … Assuming that a reader concluded that a tractor did not 19 qualify as a “motor vehicle” under § 412, one would apparently still need to determine whether 20 the tractor qualifies as an “implement of husbandry” as defined

(PC) Gleason v. Lynch

District Court, E.D. California · Oct 23, 2020

or dismiss the complaint, or any portion 1 of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which 2 relief may be granted,” or “seeks monetary relief from a defendant who is immune … Further, he must allege 9 that “(1) [he] is a qualified individual with a disability; (2) [he] was excluded from participation 10 in or otherwise discriminated against with regard to a public entity’s services, programs

Chen

District Court, E.D. California · May 22, 2026

Under Federal Rule of Evidence 701, 24 nonexpert opinion testimony must be “(a) rationally based on the witness’s perception; (b) helpful 25 to clearly understanding the witness’s testimony or to determining a fact in … for another purpose, such as proving a witness’s bias or prejudice, negating a 11 contention of undue delay, or proving an effort to obstruct a criminal investigation or 12 prosecution,” plaintiff does not allege or establish

United States v. Veon

549 F. Supp. 274 · District Court, E.D. California · Oct 12, 1982

A critical distinction must be made between the “profits” of the illicit enterprise and their product. 17 The Government clearly is free to trace the profits obtained from a criminal enterprise into whatever form they have … that respect, however, the Government is simply in a position analogous to that occupied by the litigant “in an ordinary action for money” who seeks to “effectively tie up the title of another litigant ... with complete immunity

(PC) Leonard v. Zuniga

District Court, E.D. California · Jul 6, 2020

The court may, therefore, dismiss a claim as frivolous where it is based on an 17 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 18 490 U.S. at 327. … of access to courts, a prisoner must establish that he 7 has suffered an actual injury.

Estate of James Barrick v. Moore

District Court, E.D. California · Nov 16, 2021

immunity to the extent any constitutional violation is present. … Because the Court 28 pas concluded that no such violation occurred, it need not address qualified immunity and declines to do 21

(PC) Price v. RCCC

District Court, E.D. California · Sep 20, 2022

There is evidence “clearly on RCCC surveillance” and plaintiff alleges all listed 6 defendants’ investigation statements are false. (Id. at 3.) … To 25 establish a violation of this duty, a prisoner must “show that the officials acted with deliberate 26 indifference to threat of serious harm or injury to an inmate.” Id. at 1160 (citing Gibson v.

(HC) Love v. People of California

District Court, E.D. California · Jul 13, 2021

Circuit court precedent “may be persuasive in determining 22 what law is clearly established and whether a state court applied that law unreasonably.” Stanley, 23 633 F.3d at 859 (quoting Maxwell v. … Further, where courts of appeals have diverged in their treatment of 2 an issue, it cannot be said that there is “clearly established Federal law” governing that issue. 3 Carey v.

(PC) Olguin v. McCollough

District Court, E.D. California · Aug 28, 2024

complaint or portion thereof if the prisoner raised claims that are legally 12 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 13 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 17 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 18 490 U.S. at 327.

Aiken v. Obledo

442 F. Supp. 628 · District Court, E.D. California · Nov 2, 1977

But, it is equally well established that an organization may establish standing by suing as a representative of its members who have been injured in fact, and who could have brought suit in their own right. Simon v. … Thus, in the instant case LAHCRO’s claim for declaratory and injunctive relief is clearly within the bounds permitted by Warth .

(PC) Rouser v. Crounse

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

In order 7 to state a cause of action for deprivation of procedural due process, a plaintiff must first establish 8 the existence of a liberty interest for which the protection is sought. … an original complaint, each claim and the involvement of each defendant must be sufficiently 15 alleged. 16 The First Amended Complaint should be clearly

Warden

District Court, E.D. California · Apr 2, 2026

The facility is 11 overcrowded, which exacerbates his chronic urticaria and weakened immune system. … The Ninth Circuit has recognized that “‘indefinite and potentially permanent’ 15 civil detention . . . clearly pose[s] serious substantive due process concerns.”

Martinez v. City of West Sacramento

District Court, E.D. California · Mar 31, 2021

By enacting the FTCA, Congress 28 waived the sovereign immunity of the United States with respect to tort liability. See 28 U.S.C. § 1 1346(b). … apply judicial estoppel, the focus is typically on whether a 2 party that has asserted a certain position in a legal proceeding and succeeded in maintaining that 3 position, attempts to later assert a position that is “clearly