Case law

Opinions from 1658 to today.

Filterscaed

6,306 results

0.53s

  • Anthony Jackson v. FCA US, LLC

    District Court, E.D. California · May 8, 2026

    district courts have 4 rejected defendant’s argument and concluded instead that a car manufacturer does owe a duty to 5 disclose purported defects to both immediate and subsequent purchasers because a car 6 manufacturer clearly … Cal. 2010) (“Plaintiffs establish a duty to disclose 1 because they allege that Toyota has superior knowledge of the SUA defects”)).

    Cited 0 timesUnknown
  • (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.

    Cited 0 timesUnknown
  • (PC) Garone v. Mencias

    District Court, E.D. California · Jan 9, 2023

    “[M]ere malpractice” does not establish a 4 constitutional violation. Id.; see also Thompson v. Worch, 6 F. … App’x 614, 616 (9th Cir. 2001) 5 (noting that even malpractice does not establish a constitutional violation). Gross negligence can 6 be insufficient to establish a constitutional violation. Wood v.

    Cited 0 timesUnknown
  • (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.

    Cited 0 timesUnknown
  • (PC) DePonte v. Bowman

    District Court, E.D. California · May 7, 2024

    complaint or portion thereof if the prisoner 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 … California Dep’s of Corr. & Rehab., 726 F.3d 1062, 1085 (9th Cir. 2013)). 10 “This causal connection can be established by ‘knowingly refusing to terminate a series of acts by 11 others, which the supervisor[s] knew

    Cited 0 timesUnknown
  • (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

    Cited 0 timesUnknown
  • (PS) Ashford v. Yee

    District Court, E.D. California · May 13, 2020

    13 California’s UPL “establishes the conditions under which certain unclaimed personal 14 property escheats to the state. … Should plaintiff choose to file an amended complaint, the amended complaint shall 12 clearly set forth the allegations against each defendant and shall specify a basis for this court’s 13 subject matter jurisdiction.

    Cited 0 timesUnknown
  • Morales

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

    “The Court may ... dismiss a claim as frivolous 18 where it is based on an indisputably meritless legal theory or where the factual contentions are 19 clearly baseless.” Howell v. … Aug. 13, 2021) (citing Neitzke, 490 U.S. at 327). 21 A review of Plaintiff's complaint establishes that it contains an indisputably meritless legal 22 theory.

    Cited 0 timesUnknown
  • (PS) Brown v. LucidWorks

    District Court, E.D. California · Jun 17, 2025

    Moreover, it clearly appears these 12 deficiencies cannot be fixed by amendment. … As such, it clearly 2 appears plaintiff is unable to state a claim for a violation of procedural due process.

    Cited 0 timesUnknown
  • (PC) Ferguson v. Sherman

    District Court, E.D. California · Mar 2, 2021

    Other inmates convicted of murder or other serious crimes 8 automatically qualify. … “The requisite causal connection may be established when an 6 official sets in motion a ‘series of acts by others which the actor knows or reasonably should 7 know would cause others to inflict’ constitutional harms.”

    Cited 0 timesUnknown
  • (HC) Vasquez v. Spearman

    District Court, E.D. California · Apr 24, 2020

    Circuit court precedent “may be persuasive in determining 4 what law is clearly established and whether a state court applied that law unreasonably.” Stanley, 5 633 F.3d at 859 (quoting Maxwell v. … Further, where courts of appeals have diverged in their treatment of an issue, it 12 cannot be said that there is “clearly established Federal law” governing that issue.

    Cited 0 timesUnknown
  • (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.

    Cited 0 timesUnknown
  • (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.

    Cited 0 timesUnknown
  • (PC) Watts v. Yamaguina

    District Court, E.D. California · Feb 8, 2024

    complaint or portion thereof if the prisoner 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 … To 26 establish a violation of this duty, the prisoner must establish that the official was deliberately 27 indifferent to a substantial risk of serious harm to the inmate’s safety.

    Cited 0 timesUnknown
  • (PS) Devi v. Sacramento Bhartiya Sabha

    District Court, E.D. California · Jan 27, 2025

    The 11 Fourteenth Amendment makes the First Amendment applicable against the States: “No State 12 shall make or enforce any law which shall abridge the privileges or immunities of citizens of the 13 United States; … “The text and original meaning of those 15 Amendments, as well as this Court’s longstanding precedents, establish that the Free Speech 16 Clause prohibits only governmental abridgment of speech.

    Cited 0 timesUnknown
  • (PC) Rivas v. Padilla

    District Court, E.D. California · Mar 7, 2022

    Plaintiff’s lengthy narrative does not clearly or succinctly allege facts against the named 20 defendants. … In order to invoke 21 the protection of the Due Process Clause, a plaintiff must first establish the existence of a liberty 22 interest for which the protection is sought. Id.

    Cited 0 timesUnknown
  • Copart, Inc. v. Sparta Consulting, Inc.

    339 F. Supp. 3d 959 · District Court, E.D. California · Sep 10, 2018

    As the California Supreme Court has held, a plaintiff must "(1) establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show that the economic injury was … This economic injury also qualifies as an "injury in fact" under Article III of the Constitution, qualifying as " "an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent

    Cited 24 timesPublished
  • (PC) Parker v. N. West

    District Court, E.D. California · Nov 30, 2022

    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 … To establish a violation of a prison official’s duty to take reasonable steps to 22 protect inmates from physical abuse, the prisoner must establish that prison officials were 23 “deliberately indifferent” to serious

    Cited 0 timesUnknown
  • (PS) Cowan v. State of CA Dept. of Social Services

    District Court, E.D. California · May 2, 2025

    IFP statute requires federal courts to dismiss a case if the action is legally 27 “frivolous or malicious,” fails to state a claim upon which relief may be granted or seeks 28 monetary relief from a defendant who is immune … That is, the complaint should not include every detail of what 17 happened, nor recount the details of conversations (unless necessary to establish the claim), nor 18 give a running account of plaintiff’s hopes and thoughts

    Cited 0 timesUnknown
  • (PS)Jones v. Tredinnick

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

    complaint or portion thereof if the prisoner has raised claims that are 9 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 10 monetary relief from a defendant who is immune … Plaintiff’s complaint does not plead an 1 absence of probable cause, or even clearly connect his speech to any action taken by state actors. 2 Indeed, the facts alleged establish probable cause: they indicate that police

    Cited 0 timesUnknown

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.