Case law
Opinions from 1658 to today.
6,306 results
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158 F. Supp. 3d 935 · District Court, E.D. California · Jan 8, 2016
The interviewing officer told Plaintiffs that they were otherwise eligible for naturalization “but for the fact that USCIS believed that the marriage leading to their qualifying relationship was a sham.” Id. … However, the Court has already established that this case should not be dismissed on the basis of subject matter jurisdiction. .
Cited 0 timesPublishedCA Rental Housing Assoc. v. Newsom
District Court, E.D. California · Oct 12, 2022
Tenants who 26 submitted to their landlords declarations attesting that they 27 were unable to pay rent due to COVID-19 related hardships were 28 immunized from unlawful detainer actions for unpaid … At the start of the 13 pandemic, tenants with qualifying COVID-19 hardships could not 14 be evicted by unlawful detainer for nonpayment of rent between 15 March 1, and August 31, 2020. §§ 1179.02
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 22, 2024
this Order must be clearly so designate 14 before the material is disclosed or produced. … If only a portion or portions of the material on a page qualifies fc 4 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., b 5 making appropriate markings in the
Cited 0 timesUnknownU.S. Equal Employment Opportunity Commission v. Farmers Insurance
24 F. Supp. 3d 956 · District Court, E.D. California · May 30, 2014
When subject matter jurisdiction is challenged, the burden of establishing federal subject-matter jurisdiction always rests with the party who invokes the Court’s jurisdiction. Lujan v. … The text of Section 2000e-5(f)(l) does not speak in clearly jurisdictional terms.
Cited 7 timesPublishedDistrict Court, E.D. California · Aug 11, 2021
Plaintiff interprets this language as establishing a general duty 5 to protect students from any harm, including financial harm. ECF No. 1 at 28. … The complaint is disjointed and 15 difficult to comprehend, and does not clearly set forth facts giving rise to any legal claim.
Cited 0 timesUnknownDistrict 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
Cited 0 timesUnknown342 F. Supp. 2d 900 · District Court, E.D. California · Nov 4, 2004
The opinion of the California courts that petitioner’s motions for change of venue were properly denied did not result in a decision that was contrary to, or an unreasonable application of, clearly established federal law … The California Court of Appeal’s ruling to that effect was not an unreasonable application of clearly established federal law as determined by the United States Supreme Court on procedural default.
Cited 3 timesPublished(PS) Zhai v. Markstein Beverage Company
District Court, E.D. California · Mar 31, 2020
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 · Jan 28, 2022
establish that policy.” … possessed with final authority to establish that policy.”
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 31, 2023
or portion thereof if the prisoner has raised claims 15 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 16 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 21 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 22 490 U.S. at 327.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 12, 2019
The court may, therefore, dismiss a claim as frivolous where it is based on an 22 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 23 490 U.S. at 327. … Williams, 474 U.S. 327, 330-33 (1986). 13 It is clearly established in this circuit that “‘(1) [civil detainees] have a constitutional right 14 to be safe in the state institution to which they are committed,
Cited 0 timesUnknown(PC) Cox v. North Kern State Prison Officials
District Court, E.D. California · Oct 8, 2021
As a basic 23 matter, the complaint does not clearly state what happened, when it happened or who was 24 … 11 with final authority to establish that policy.”
Cited 0 timesUnknown(PC) Woolery v. Shasta County Jail
District Court, E.D. California · May 14, 2021
The court may, therefore, dismiss a claim as frivolous where it is based on an 19 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 20 490 U.S. at 327. … By establishing the existence of a serious medical need, a prisoner satisfies the 21 objective requirement for proving an Eighth Amendment violation. Farmer v.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 2, 2020
The court may, therefore, dismiss a claim as frivolous where it is based on an 2 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 3 490 U.S. at 327. … Grievance Procedure 28 The existence of a prison grievance procedure establishes a procedural right only and 1 “does not confer any substantive right upon the inmates.”
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 14, 2021
“[A] judge may dismiss [in forma pauperis] claims which are based on indisputably 25 meritless legal theories or whose factual contentions are clearly baseless.” Jackson v. … An individual defendant is not liable on a civil rights claim unless the 5 facts establish the defendant’s personal involvement in the constitutional deprivation or a causal 6 connection between the defendant’s wrongful
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 3, 2020
The court may, therefore, dismiss a claim as frivolous where it is based on an 3 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 4 490 U.S. at 327. … Mere 14 negligence on the part of the prison official is not sufficient to establish liability.
Cited 0 timesUnknownBueno v. Bass Lake Joint Union Elementary School District
District Court, E.D. California · Nov 30, 2021
The implementing 6 regulations state even more clearly “Except as provided in § 300.533 [dealing with a change of 7 placement due to a violation of a code of student conduct], during the pendency of any 8 administrative … school nurse, qualified public health nurse, or other qualified school personnel, if the 10 school district receives: a.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 7, 2020
Bureau 15 of Narcotics, 403 U.S. 388 (1971) to the “new context” at issue in this case, (3) Defendants are 16 entitled to qualified immunity, and (4) Plaintiff fails to show that Defendants were deliberately 17 indifferent … In other words, the facts do not establish a causal connection between Defendants’ conduct 7 and the Eighth Amendment deprivation Plaintiff allegedly suffered. See Rizzo, 423 U.S. at 373- 8 75.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 2, 2023
“frivolous or malicious,” that fail to state a claim upon which relief may be 12 granted, or that seek monetary relief from a defendant who is immune … To establish a violation of this 27 duty, a prisoner must “show that the officials acted with deliberate indifference to threat of 28 //// 1 serious
Cited 0 timesUnknownDistrict Court, E.D. California · May 5, 2020
Failure to Identify Specific Defendants and Acts 7 As an initial matter, Plaintiff generally fails to state clearly what each defendant did to 8 him that deprived him of his constitutional rights. … To 27 establish a violation of this duty, the prisoner must establish that prison officials were deliberately 28 indifferent to a serious threat to the inmate's safety.
Cited 0 timesUnknown
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