Case law

(PC) Puckett v. Barrios

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

“In the simplest and most absolute of terms ... 22 prisoners [have a clearly established Eighth Amendment right] to be free from sexual abuse ... … To establish a failure to protect claim, the prisoner must establish that prison officials 27 were deliberately indifferent to a sufficiently serious

Lopes v. Vieira

719 F. Supp. 2d 1199 · District Court, E.D. California · Jun 23, 2010

Plaintiffs respond that Downey Brand’s work was “transactional,” rather than pre *1204 pared in anticipation of a regulatory investigation: The Milk for Equity Contracts clearly were a transactional proposal that was [sic … Like other qualified privileges, it may be waived. Here respondents sought to ad *1206 duee the testimony of the investigator and contrast his recollection of contested statements with that of prosecution witnesses.

Ever.Ag, LLC v. Milk Moovement, Inc.

District Court, E.D. California · Jul 1, 2022

Here, the 13 filing of a complaint is clearly a protected communication made 14 in a judicial proceeding, and therefore, Meridian is 15 inapplicable. … counterclaim must also be 4 dismissed to the extent it is derivative of them. 5 For the “other unfair trade practices,” Milk Moovement 6 must allege a practice which “offends an established

(PC) Brown v. Moore

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

complaint or portion thereof if the prisoner has 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 … An authorized 1 deprivation is one carried out pursuant to established state procedures, regulations, or statutes. 2 Piatt v. McDougall, 773 F.2d 1032, 1036 (9th Cir. 1985); see also Knudson v.

Khounesavatdy v. Astrue

549 F. Supp. 2d 1218 · District Court, E.D. California · Mar 10, 2008

Disability In order to qualify for benefits, a claimant must establish that she is unable to engage in substantial gainful activity due to a medically determinable physical or mental impairment which has lasted or can be … The ALJ clearly put great weight on the opinions of Dr. Rios and the state agency consultants’ opinions because they were consistent with the objective evidence and Dr.

United States v. Sterling Centrecorp Inc.

960 F. Supp. 2d 1025 · District Court, E.D. California · Jun 24, 2013

As an operator of the Lava Cap Mine, Sterling was clearly engaged in commerce and voluntarily chose to become involved with the Lava Cap Mine. … American courts are uniquely qualified to hear and decide CERCLA cases. 113. Moreover, the burden to Sterling from having to litigate in American courts is minimal.

California Department of Toxic Substances Control v. City of Chico

297 F. Supp. 2d 1227 · District Court, E.D. California · Jan 4, 2004

Under California law, the “made whole” rule applies to both equitable and contractual subrogation, unless the insurance policy contains a subrogation provision clearly holding otherwise. … It is established “that an insurer who reserves the right to deny coverage cannot control the defense of a lawsuit brought against its insured by an injured party.” Id. at 638.

Terry Sharp v. Deputy Smith, et al.

District Court, E.D. California · Nov 3, 2025

The court may, therefore, dismiss a claim as frivolous when it is based on an 27 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 28 490 U.S. at 327. … Accordingly, because defendants’ alleged 5 referral of plaintiff to medical staff for evaluation of whether plaintiff qualified for continued 6 housing in the MHU advanced a legitimate penological goal, plaintiff fails

Continental Casualty Co. v. St. Paul Surplus Lines Insurance

265 F.R.D. 510 · District Court, E.D. California · Mar 30, 2010

That is, Continental wants to first establish priority of coverage, while St. Paul, Crown, and Stephan want to first establish apportionment of liability and indemnity. … At that pont, the “joint client” structure underlying the tripartite relationship clearly evaporates.

(PS) Hipp v. The City of Vallejo

District Court, E.D. California · Jun 28, 2025

First, Plaintiffs have established that they will suffer 23 irreparable in the absence of preliminary injunctive relief. … As such, the balance of 3 hardships tips clearly in Plaintiffs’ favor. 4 Third, because the balance of hardships weighs clearly in Plaintiffs’ favor, 5 Plaintiffs need only demonstrate

(PC) Negrete v. Dong

District Court, E.D. California · Sep 14, 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. … Inc., 281 F.3d 1054, 1061 (9th Cir. 2002) 21 (court may find that uncorroborated and self-serving testimony does not establish a genuine issue 22 of material fact for purposes of a motion for summary judgment).

(PC) Chandler v. Allison

District Court, E.D. California · Jun 10, 2021

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Brennan, 511 U.S. 825 (1994), the Supreme Court established a very strict 8 standard which a plaintiff must meet in order to establish “deliberate indifference.” Negligence is 9 insufficient.

(PC) Millare v. Starr

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

complaint or portion thereof if the prisoner has raised claims that are 7 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 8 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

Richardson v. Bacerra

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

Weisman, 80 F.2d 500, 504 (9th Cir. 1986), for the purpose of establishing the existence of those records and their content, but not to establish any fact that is “subject to reasonable dispute.” Fed. R. Evid. 201(b). … , intimidation, or 22 threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any 23 lawfully qualified

Gamez v. Toyota Motor Sales, U.S.A., Inc.

District Court, E.D. California · May 19, 2025

under this Stipulated Protective 6 Order must be clearly so designated before the material is disclosed or produced. … If only a portion or portions of the material on a page qualifies for protection, the 12 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 13 markings in the margins) to

(PS) Van den Heuvel v. Malmquist

District Court, E.D. California · Sep 3, 2019

IFP statute requires federal courts to dismiss a case if the action is legally 23 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 24 monetary relief from a defendant who is immune … In reviewing a complaint under this standard, the 11 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 12 are clearly baseless or fanciful, (2) construe those allegations

(PC) Gleason v. CDCR

District Court, E.D. California · May 15, 2023

Based on this lack of 2 evidence establishing retaliation in violation of the First Amendment, defendant Romary requests 3 summary judgment on qualified immunity grounds as well. … In the 3 endeavor to establish the existence of a factual dispute, the opposing party need not establish a 4 material issue of fact conclusively in its favor.

Manhas

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

or portion thereof if the prisoner has raised claims that are 24 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 25 that seek monetary relief from a defendant who is immune … As described above, Plaintiff does not clearly describe what each defendant did or failed 11 to do that “systematically suppressed” these results

(PC) Mosley v. Zepp

District Court, E.D. California · May 17, 2023

complaint, or a portion of it, if the prisoner has raised claims that are 15 frivolous or malicious, that fail to state a claim upon which relief may be granted, or that seek 16 monetary relief from a defendant who is immune … The amended complaint should be 8 clearly and boldly titled “First Amended Complaint,” refer to the appropriate case number, and 9 be an original signed under penalty of perjury.

(PC) Gunn v. Stanton Correctional Facility

District Court, E.D. California · Apr 14, 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 … The court may, therefore, dismiss a claim as frivolous when 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.