Case law

Torres v. La Favorita Broadcasting, Inc.

District Court, E.D. California · Dec 4, 2019

Except as otherwise provided in this Order 15 or as otherwise stipulated or ordered, discovery material and information that qualify for 16 protection under this Order must be clearly so designated before … This 9 provision is not intended to modify whatever procedure may be established in an e-discovery 10 order that provides for production without prior privilege review.

(PC) Howard v. Aryad

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

The court may, therefore, dismiss a claim as frivolous where it is based on an 9 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 10 490 U.S. at 327. … A 26 showing of merely negligent medical care is not enough to establish a constitutional violation. 27 Frost v.

(PS) Burton v. Darby

District Court, E.D. California · Aug 9, 2024

When an 4 individual is approved, the public housing agency gives that person a voucher which entitles him to search for qualifying privately- 5 owned housing. 24 C.F.R. § 982.302. … Regardless of whether this denial of accommodation is best 18 characterized as exclusion from participation, denial of benefits, or other discrimination (see 19 McGary, 386 F.3d at 1265), it clearly states a claim for

(PC) Diaz v. Burton

District Court, E.D. California · Jan 21, 2022

complaint or portion thereof if the prisoner 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 requisite causal connection 22 between a supervisor’s wrongful conduct and the violation of the prisoner’s constitutional rights 23 can be established in a number of ways, including by demonstrating that a supervisor

(SS) Lee v. Commissioner of Social Security

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

On this record, the court cannot say 11 that it was clearly established by the medical evidence that plaintiff lacked a medically severe 12 mental impairment. See Ortiz v. Commissioner of Social Sec., 425 Fed. … Or. 2014) (“On review, the court 18 must determine whether the ALJ had substantial evidence to find that the medical evidence 19 clearly established that Ms.

Taylor v. United Rd. Servs., Inc.

313 F. Supp. 3d 1161 · District Court, E.D. California · May 29, 2018

"Multiplying figures clearly stated in a complaint is an aspect of that duty." Id. … The declarations do not establish by a preponderance of the evidence that workers driving for Fleet Owners are paid $25.24 per hour today, and they fall far short of establishing that $25.24 is an appropriate figure from

(PC) Davis v. County of Sacramento

District Court, E.D. California · Sep 24, 2021

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 2 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Brennan, 511 U.S. 825 (1994), the Supreme Court established a very strict 21 standard which a plaintiff must meet in order to establish “deliberate indifference.” Negligence is 22 insufficient.

Estate of Carmen Mendez v. City of Ceres

District Court, E.D. California · Sep 26, 2019

Order must be clearly so 4 designated before the material is disclosed or produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary … A sealing order 16 will issue only upon a request establishing that the Protected Material at issue is privileged, 17 protectable as a trade secret, or otherwise entitled to protection under the law.

(PC) Castellano v. Shrum

District Court, E.D. California · Nov 3, 2020

The court may, therefore, dismiss a claim as frivolous where it is based on an 23 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 24 490 U.S. at 327. … See generally Jett, 439 F.3d at 1096 (stating elements needed to 16 establish deliberate indifference).

Wylie v. Merck & Co., Inc.

District Court, E.D. California · Jan 8, 2025

Except as otherwise provided in this 18 Order or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 19 protection under this Order must be clearly so designated before the material … At the expiration of that 30-day period, only those portions that are 16 specifically identified will qualify for protection under this Order.

(PC) Davis v. Russell

District Court, E.D. California · Dec 3, 2024

An exception to this general rule exists when the official acted 17 pursuant to an established procedure. See Zimmerman v. City of Oakland, 255 F.3d 734, 738 18 (9th Cir. 2001). … Plaintiff is advised that in an amended complaint he must 28 clearly identify each defendant and the action that defendant took that violated his constitutional 1 rights.

(PS) Newson v. Chen

District Court, E.D. California · May 31, 2024

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 … Accordingly, Title 18 of the 24 United States Code does not establish any private right of action and cannot support a civil 25 lawsuit. See Aldabe v.

(PC) Harris v. Munoz

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

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. … In order to state a cause of action for deprivation of procedural due process, a 15 plaintiff must first establish the existence of a liberty interest for which protection is sought. 16 A state may “create liberty

(PC) Driver v. Gibson

District Court, E.D. California · May 6, 2021

Id. 13 District courts must deny requests for mandatory injunctions unless the law and facts clearly favor 14 a moving party. Id. The Court will not grant such requests in doubtful cases. … Deprivation of 10 | constitutional rights can qualify as irreparable harm. E.g., Melendres v. Arpaio, 695 F.3d 990, 1002 11 | (9th Cir. 2012).

Covello

District Court, E.D. California · Feb 9, 2026

established federal law as determined by the Supreme 19 Court, involves an unreasonable application of clearly established federal law as determined by 20 the Supreme Court, or is based on an unreasonable determination … of clearly established federal law as determined by 25 the Supreme Court, or is based on an unreasonable determination of the facts.

(PC) Ortega v. Lynn

District Court, E.D. California · Nov 23, 2020

The court may, therefore, dismiss a claim as frivolous where it is based on an 26 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 27 490 U.S. at 327. … Generally 13 Section 1983 “provides a cause of action for the deprivation of any rights, privileges, or 14 immunities secured by the Constitution and laws of the

(PC)Baltsas v. Pfieffer

District Court, E.D. California · May 7, 2025

Plaintiff must clearly state factual support for what happened, when it happened, and 13 who was involved. … Cty. of Kern, 45 F.3d 1310, 1316 (9th Cir. 1995). 18 Even gross negligence is insufficient to establish deliberate indifference to serious medical needs. 19 See Wood v.

(PC) Witkin v. Lotersztain

District Court, E.D. California · Jan 24, 2024

The Supreme Court has recognized that 16 the pleadings alone may establish both requirements, as in the case of a plaintiff who asserts a 17 mental or physical injury. … Younger is qualified to perform the independent medical exam. 19 Plaintiff shall report to the office of Edward Younger, M.D., at Art of Smile Dental 20 Practice, 3370 Mt.

(PC)Allen v. Sacramento County Jail Medical Staff

District Court, E.D. California · Aug 6, 2021

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 … 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.

(PC) Spearman v. Department of State Hospitals

District Court, E.D. California · Oct 8, 2021

complaint or portion thereof if the prisoner raised claims that are legally 12 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 13 monetary relief from a defendant who is immune … Wash. 22 Mar. 21, 2017) (“Although Mink did not establish a bright line rule, it held that ‘weeks or 23 months’ was too long where the plaintiffs were detained for an average of one month.