Case law

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  • (PS) Carillo v. Trump

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

    IFP statute requires federal courts to dismiss a case if the action is legally 25 “frivolous or malicious,” fails to state a claim upon which relief may be granted or seeks 26 monetary relief from a defendant who is immune … In reviewing a complaint under this standard, the court will 1 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly 2 baseless or fanciful, (2) construe those allegations

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  • (PC) Akbar v. Lundy

    District Court, E.D. California · Sep 29, 2023

    complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … One way this can be established 23 is “if the inmate shows that the risk posed by the deprivation is obvious.” Thomas v.

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  • (PC) Hasbrook v. Adreana

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

    complaint or portion thereof if the prisoner raised claims that are legally 2 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 3 monetary relief from a defendant who is immune … Plaintiff bears the burden of clearly satisfying all four prongs. Alliance for the Wild 3 Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011).

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  • (PS)Crane v. Juhasz

    District Court, E.D. California · Jan 18, 2022

    Defendant 3 argues the allegations fail to state a claim under the Fourth and Fourteenth Amendments. 4 Defendant further asserts he is entitled to qualified immunity for denying plaintiff access to the 5 building during … It clearly appears that further leave to amend 3 || would not facilitate plaintiff to state a valid federal claim against defendant.

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  • (PC) Robinson v. Catlin

    District Court, E.D. California · Feb 28, 2023

    complaint or portion thereof if the prisoner has raised claims that are legally 7 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 8 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 12 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 13 490 U.S. at 327.

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  • (PC) Cardenas v. Edwards

    District Court, E.D. California · Aug 5, 2022

    immunity. … Because, for the reasons discussed below, 14 the Court finds Defendants’ first two arguments persuasive, the Court does not address qualified 15 immunity. 16

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  • (HC) Naylor v. Price

    District Court, E.D. California · Dec 9, 2020

    “Clearly Established Federal Law” 12 The phrase “clearly established Federal law” in § 2254(d)(1) refers to the “governing 13 legal principle or principles” previously articulated by the … Only Supreme Court precedent may constitute “clearly established 15 Federal law,” but courts may look to circuit law “to ascertain whether . . . the particular point in 16 issue is clearly established by Supreme Court

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  • (PC) Palomar v. Newsom

    District Court, E.D. California · Jan 17, 2024

    It is well established that “inmates lack 4 a separate constitutional entitlement to a specific prison grievance procedure.” Ramirez v. 5 Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (citing Mann v. … Plaintiff is advised that in an amended complaint he must clearly identify each 16 defendant and the action that defendant took that violated plaintiff’s constitutional rights.

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  • Hunter

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

    are examples and not an exhaustive list of the Products whose purchase would qualify a customer as a member of the Default Class. … The language and structure of Rule 23 “thus 12 clearly contemplate[] that the notice requirement will be met before the parties are aware of the 13 district court’s judgment on the merits.” Schwarzschild v.

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  • Constantine v. Trestles LLC

    District Court, E.D. California · Oct 6, 2022

    “The 27 party invoking the removal statute bears the burden of establishing federal jurisdiction.” 28 Ethridge v. … Countermeasures, 2 in turn, are defined in the Act as including a qualified pandemic or epidemic product, a 3 drug, biologic product, or device, or a respiratory protective device.

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  • (PC) Avila v. Felder

    District Court, E.D. California · Jul 15, 2025

    complaint, or any portion thereof, is subject to dismissal if it is frivolous 22 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 23 relief from a defendant who is immune … As a basic 4 matter, the complaint does not clearly state what happened, when it happened or who was 5 involved.

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  • (PC) McCoy-Gordon v. Cota

    District Court, E.D. California · Apr 10, 2020

    Again, these facts establish an independent basis for 12 Defendant M. Cota’s actions, and there are no allegations suggesting that Defendant M. … Plaintiff has provided 2 very detailed recitation of the facts and clearly alleged his legal claim.

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  • Wolpert

    District Court, E.D. California · May 12, 2026

    Therefore, defendant cannot demonstrate a likelihood of success on the merits. 28 See Winter, 555 U.S. at 20 (“A plaintiff seeking a preliminary injunction must establish that he is 1 likely to succeed on the merits, … McCord, 452 F.3d 1126, 1131 7 | (9th Cir. 2006) (noting that a temporary restraining order may issue ex parte only if it clearly 8 | appears that immediate and irreparable harm will occur in its absence and emphasizing

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  • EVA OCHOA v. FRANK BISIGNANO, Commissioner of Social Security

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

    However, they did not clearly indicate what work limitations resulted from those 21 impairments. … Feb. 26, 24 2025) (“This is a record that clearly establishes severe impairments but is ambiguous as to Plaintiff's 25 resulting functional limitations.

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  • Avalos v. Cedana

    District Court, E.D. California · Aug 7, 2023

    causation; and (4) address Defendants’ 16 immunity from liability under California Government Code §§ 820.2, 844.6, 845.6, 855.6, and 17 855.8. … dismissal of an entire complaint that made “everyone did everything allegations” 26 without leave to amend because “[t]he district court made clear . . . that plaintiffs must amend 27 their ‘shotgun pleading’ to ‘state[ ] clearly

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  • (PC) Fialho v. Auld

    District Court, E.D. California · Oct 27, 2021

    The court may, therefore, dismiss a claim as frivolous where it is based on an 18 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 19 490 U.S. at 327. … Plaintiff is advised that in an amended complaint he must clearly identify each 20 defendant and the action that defendant took that violated plaintiff’s constitutional rights.

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  • Chestnut

    District Court, E.D. California · Jul 24, 2026

    If Petitioner bore the burden of establishing that his conviction was not a crime of moral turpitude, then the inadequacies of the record would require the court to deny the habeas petition. … But Respondents do not argue that the theory or reasoning of Pereida—which arose in a different procedural setting from this case—is “clearly irreconcilable” with Tokatly. Miller v.

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  • (PC) Walker v. Kernan

    District Court, E.D. California · Aug 9, 2019

    The court may, therefore, dismiss a claim as frivolous where 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. … Plaintiff’s allegations fail to show that defendants violated his due process 6 rights because he has not established a liberty interest in any particular classification. 7 An equal protection claim may be established

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  • 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
  • Wilderness Society v. Tyrrel

    701 F. Supp. 1473 · District Court, E.D. California · Dec 13, 1988

    Clearly, the Government’s economic loss cannot be considered compelling if it is to be gained in contravention of federal law. … "Thus, in establishing the national wild and scenic rivers system, Congress’ goals were decidedly preservationist.

    Cited 6 timesPublished

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