Case law

Donald J. Trump for President, Inc. v. Padilla

District Court, E.D. California · Oct 1, 2019

,” or “ha[s] the likely effect of handicapping an 11 otherwise qualified class of candidates.” … Congress clearly intended 14 that the EIGA “supersede” state laws touching on the field of financial disclosures and 15 conflict-of-interest laws for federal officeholders.

National Interstate Ins. Co. v. Acceptance Casualty Ins. Co.

District Court, E.D. California · Jun 1, 2023

Except as otherwise provided in this 12 PROTECTIVE ORDER or as otherwise stipulated or ordered, DISCLOSURE OF DISCOVERY 13 MATERIAL that qualifies for protection under this PROTECTIVE ORDER must be clearly so 14 … If only a 19 portion or portions of the material on a page qualifies for protection, the PRODUCING PARTY 20 also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 21 margins

(PS) McGee v. Airport Little League Baseball Inc.

District Court, E.D. California · Aug 22, 2022

There are three ways a “policy” can be 24 established. … for the Wild Rockies v. 28 Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011)). 1 Moreover, “[a] preliminary injunction is an extraordinary remedy that may be awarded 2 only if the plaintiff clearly

(PC) Brashear v. Pierce

District Court, E.D. California · Nov 15, 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 … An authorized deprivation is one 26 carried out pursuant to established state procedures, regulations, or statutes. Piatt v. McDougall, 27 773 F.2d 1032, 1036 (9th Cir. 1985); see also Knudson v.

(PC) Doss v. Mule Creek State Prison

District Court, E.D. California · Mar 14, 2025

complaint or portion thereof if the prisoner raised claims that are legally 25 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 26 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when 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.

Delgadillo v. Fresno Police Department

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

determines that the allegation of poverty 27 is untrue, or that the action or appeal is frivolous or malicious, fails to state a claim upon which 28 relief may be granted, or seeks monetary relief against a defendant who is immune … Unlike the Fourth Amendment, however, it 19 is not clearly established by either California or Ninth Circuit precedent whether Article I, Section 20 13 confers a private right of action for damages, and many district

(PC) Edwards v. County of Sacramento

District Court, E.D. California · Sep 12, 2023

Specifically, the 90-day “delay in diagnosing and treating 10 weakened his immune system to the point where [he] contracted Valley Fever.” (Id.) 11 III. … Plaintiff is advised that 1 in an amended complaint he must clearly identify each defendant and the action that defendant 2 took that violated his constitutional rights.

Echo & Rig Sacramento, LLC v. AmGuard Ins. Co.

District Court, E.D. California · Oct 18, 2023

17 unfair under the UCL because the rate was not only approved by the Insurance 18 Commissioner, but also because Defendant was required by law to charge that rate. 19 Defendant’s argument differs from a claim of immunity … as to 7 why section 1806.1 does not immunize claims premised on the application of 8 approved rates.

(SS) Nichols v. Commissioner of Social Security

District Court, E.D. California · Dec 20, 2024

Additionally, “an 21 ALJ may find that a claimant lacks a medically severe impairment or combination of impairments 22 only when their conclusion is ‘clearly established by medical evidence.’” Webb v. … (AR 23–27.) 20 Viewing the record as a whole, the medical evidence in this case does not “clearly establish” 21 that Plaintiff lacks a medically severe mental impairment.

Melendez v. Newsom

District Court, E.D. California · Oct 1, 2019

,” or “ha[s] the likely effect of handicapping an 11 otherwise qualified class of candidates.” … Congress clearly intended 14 that the EIGA “supersede” state laws touching on the field of financial disclosures and 15 conflict-of-interest laws for federal officeholders.

(PC) Andrew v. United States

District Court, E.D. California · Sep 27, 2024

a ... policymaker possessed 12 with final authority to establish that policy.” … Before she left USP Atwater, 20 Vandenover advised Plaintiff she did not qualify for the RHU program. (Id.) Plaintiff asked to be 21 returned to general population, but Vandenover denied her request. (Id.)

(SS) Moreno v. Commissioner of Social Security

District Court, E.D. California · Nov 5, 2020

An impairment that manifests only some of those criteria, no matter 26 how severely, does not qualify.” Sullivan v. Zebley, 493 U.S. 521, 530 (1990); see also Tackett 27 v. … June 1, 2020) 16 (“Plaintiff fails to establish error because she has not established she meets or equals all of the 17 requirements of Listing 14.09(D).

(HC) Dun v. Fisher

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

Addiction to or abuse of drugs or intoxicants, by itself, 18 does not qualify as legal insanity. … Rptr. 2d 73, 81 (2003). 24 Thus, drug induced “unconsciousness” cannot qualify even as a partial defense.

Federal Trade Commission v. Golden Sunrise Nutraceutical, Inc., et al.

District Court, E.D. California · Sep 30, 2025

Similarly, Defendants published documents stating that Imunstem was “approved 11 as a prescription medicine and also for the indication to treat Serious or Life 12 threatening conditions” and that “It qualified for both … GSP and GSN are companies specifically established to sell similar 23 products.

Sanchez v. County of Sacramento

District Court, E.D. California · Sep 7, 2021

It would likely be problematic to Plaintiff’s claim if she could not show that she affirmatively consented to having Allbee turn over the car to a qualified third party. … 23 24 In consideration of the foregoing, Defendants’ Motion to Dismiss (ECF No. 51) is 25 10 Defendants’ arguments as to immunity

(PC) Kiger v. Johnson

District Court, E.D. California · Jan 30, 2024

Plaintiff is 14 advised that in an amended complaint he must clearly identify each defendant and the action that 15 defendant took that violated his constitutional rights. … Circumstances 7 common to most prisoners, such as lack of legal education and limited law library access, do not 8 establish exceptional circumstances that would warrant a request for voluntary assistance of 9 counsel

(PC) De La Cruz v. Newsom

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

or portion thereof if the prisoner has raised claims that are 15 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 16 that seek monetary relief from a defendant who is immune … However, the response 8 noted later that a hearing-impaired vest was authorized. 9 As Plaintiff was given a hearing-impaired vest, this clearly indicates a disability. 10 On March 18, 2019

(PS) Pendarvis v. Elk Grove Self Help Housing Employees

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

forma pauperis 23 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 24 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 25 immune … In reviewing a complaint under this standard, the 2 court accepts as true the factual allegations contained in the complaint, unless they are clearly 3 baseless or fanciful, and construes those allegations in the light

Darby

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

the existence of a factual dispute, the opposing party need not 14 establish a material issue of fact conclusively in its favor. … Instead, as discussed in detail above, the 2 evidence clearly shows that SHRA employees considered plaintiff’s request for a second 3 bedroom as a reasonable accommodation, investigated the basis for the request, and

(PC) Reid v. Rivera

District Court, E.D. California · Nov 6, 2023

Legal Standard 3 Pretrial detainees2 alleging that an individual defendant provided inadequate medical care 4 must establish that: … Plaintiff is advised that in an 17 amended complaint he must clearly identify each defendant and the action that defendant took 18 that violated his constitutional rights.