Case law

El Comite Para el Bienestar de Earlimart v. Helliker

416 F. Supp. 2d 912 · District Court, E.D. California · Feb 22, 2006

ESTABLISHING THE 1990 BASE YEAR INVENTORY AND TRACKING One requirement for all nonattainment areas is the establishment of an emissions inventory. … Clearly, the preposition “by” is used to mean “not later than.” In this regard, the pre-revision language of the SIP is of some help.

(PS) Siratsamy v. Sacramento County Sheriffs Department

District Court, E.D. California · Jun 1, 2021

The court may, therefore, dismiss a claim as frivolous where it is based on an 8 indisputably meritless legal theory or where the factual contentions are clearly baseless. … The current allegations do not clearly state what 14 happened to plaintiff, when it happened, or who did what.

(PC) Rood v. Shasta County Jail Medical Staff

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

or portion thereof if the prisoner has raised claims that are legally 14 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 15 monetary relief from a defendant who is immune … Relevant Law 6 A viable First Amendment claim for retaliation must establish the following five elements: 7 “(1) An assertion that a state actor took some adverse action against

Myers v. Fresno County Jail

District Court, E.D. California · Oct 29, 2020

Nevada ex rel. 1 frivolous or malicious; (ii) fails to state a claim upon which relief may be granted; or (iii) seeks 2 monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). … “[A] court may dismiss a claim as factually frivolous only if the facts alleged 3 are ‘clearly baseless,’ a category encompassing allegations that are ‘fanciful,’ ‘fantastic,’ and 4 ‘delusional.’” Denton v.

Duarte v. VA Hospital

District Court, E.D. California · Jun 2, 2023

determines that the allegation of poverty 4 is untrue, or that the action or appeal is frivolous or malicious, fails to state a claim upon which 5 relief may be granted, or seeks monetary relief against a defendant who is immune … The amended complaint must also clearly identify 2 the other named plaintiffs in this case and how they have been injured. 3 The amended complaint should be clearly and boldly titled “First Amended Complaint,” 4

(PC) Ardds v. Hicks

District Court, E.D. California · Oct 31, 2019

In any amended complaint, Plaintiff must clearly and 7 succinctly allege what happened, when it happened and who was involved. 8 2. … In any amended complaint, Plaintiff must clearly state what happened, when it happened 25 and who was involved in the alleged confiscation of his outgoing mail.

(PS) Leonard v. Bu

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

A 22 court may dismiss a claim as frivolous where it is based on an indisputably meritless legal theory 23 or where the factual contentions are clearly baseless. Id. at 327; Rule 12(h)(3). 24 B. … A 18 plaintiff cannot establish a case or controversy if a plaintiff cannot establish standing. Steel Co. v. 19 Citizens for a Better Env't, 523 U.S. 83, 101, 118 (1998).

Khojasteh

District Court, E.D. California · Mar 17, 2026

IFP statute requires federal courts to dismiss a case if the action is legally 4 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 5 monetary relief from a defendant who is immune … In reviewing a complaint under this standard, the court will 8 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly 9 baseless or fanciful, (2) construe those allegations

(PC) Micenheimer v. Kern Valley State Prison

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

“The requisite causal connection may be 28 established when an official sets in motion a ‘series of acts by others which the actor knows or 1 reasonably should know would cause others to inflict’ constitutional harms. … Plaintiff’s lengthy 11 narrative does not clearly or succinctly allege facts against the named Defendants.

Granat v. United States Department of Agriculture

238 F. Supp. 3d 1242 · District Court, E.D. California · Mar 2, 2017

An. agency must be given discretion in relying on the reasonable opinions of its own qualified experts, even if the court might find contrary views more persuasive. … Plaintiffs, for their part, argue that the declarations establish standing to challenge the Defendants’ actions. Pis.' Resp. to Mot. to Strike, ECF No. 39, at 1.

(PS) Newson v. Mercedes-Benz Financial Services

District Court, E.D. California · Dec 12, 2024

IFP statute requires federal courts to dismiss a case if the action is legally 28 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 1 monetary relief from a defendant who is immune … In reviewing a complaint under this standard, the 15 Court will (1) accept as true all of the factual allegations contained in the complaint, unless they 16 are clearly baseless or fanciful, (2) construe those allegations

(PC) Williams v. California Department of Corrections

District Court, E.D. California · Dec 19, 2019

Neely, 130 F.3d 400 (9th Cir. 1997)). 1 does not qualify for parole consideration pursuant to Proposition 57, and that his only remedy is 2 to proceed under habeas corpus. 3 … The amended complaint should be clearly and boldly 15 titled “Fourth Amended Complaint,” refer to the appropriate case number, and be an original 16 signed under penalty of perjury.

(PC) Boone v. Ruby

District Court, E.D. California · Jul 27, 2022

The court may dismiss a claim as frivolous if it is based on an indisputably meritless legal 7 theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … The obviousness of the risk, however, 23 may be sufficient to establish knowledge. See Farmer, 511 U.S. at 842; Wallis v. Baldwin, 70 24 F.3d 1074, 1077 (9th Cir. 1995).

Natural Resources Defense Council v. Kempthorne

621 F. Supp. 2d 954 · District Court, E.D. California · Apr 27, 2009

Group, 121 Cal.App.4th 1225, 1235 , 18 Cal.Rptr.3d 178 (2004); see also Cal.Civ.Code § 3534 (“particular expressions [in a contract] qualify those which are general”). 19 . … The caselaw does not clearly delineate the relationship between these two doctrines. Id. 20 .

(PC) Johnson v. Mata

District Court, E.D. California · Dec 9, 2022

immunity. … The BOP Administrative Remedy Program qualifies 4 as an alternative remedy, as decided long ago by the Supreme Court. See Correctional Servs. 5 Corp. v.

Padilla

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

complaint or portion thereof if the prisoner has raised claims that are 8 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 9 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 13 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

Gengler v. United States Ex Rel. Department of Defense & Navy

463 F. Supp. 2d 1085 · District Court, E.D. California · Nov 3, 2006

Action on any resignation submitted under the above provisions will be governed by the needs of the service, including availability of a qualified relief. MILPERSMAN 1920-200. … The Ninth Circuit held that equitable estoppel could be invoked against the government in Watkins because the Army repeatedly represented over a 14-year period that Watkins was qualified for reenlistment.

Nicholas Honchariw v. County of Stanislaus

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

Legal Standard 22 California’s Government Claims Act (“the CGCA”) “sets out a comprehensive scheme of 23 governmental liability and immunity statutes.” … Beyond a classic taking, the 26 Supreme Court has recognized that if a regulation goes too far, it will qualify as a taking. Bridge 27 Aina Le‘a, LLC, 950 F.3d at 625 (citing Pa. Coal Co. v.

(PS) Crago v. Lynn

District Court, E.D. California · Dec 30, 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) Johnson v. Agarwal

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

However, approximately four days later when Chauhdri re-examined it, she 22 said the lymph node and sweat gland had merged and started a massive infection, and that she 23 was not aware plaintiff’s immune system was so … Additionally, “[t]hose seeking injunctive relief must proffer 18 evidence sufficient to establish a likelihood of irreparable harm.” Herb Reed Enterprises, LLC v. 19 Fla. Ent.