Case law

(PS) Austin v. Tetrault

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

. § 1915(a)(1). 7 Moreover, a determination that a plaintiff qualifies financially for in forma pauperis status 8 does not complete the inquiry required by the statute. … The legal 6 principles applicable to a request for injunctive relief are well established.

(PC) Shrader v. Arviza

District Court, E.D. California · Aug 23, 2023

Where, as here, a 5 case is at the pleading stage, the plaintiff must “clearly ... allege facts demonstrating” each 6 element. Id. (citing Warth v. … Regardless 27 | of whether the dismissal was with or without prejudice, a dismissal for failure to state a claim qualifies as 8 a strike under § 1915(g). Lomax, 140 S. Ct. at 1727.

Barragan v. United States

District Court, E.D. California · Dec 4, 2023

Nov. 18, 4 2021) (“[I]t [is] ‘clearly is incorrect’ to assert that because a witness is a treating physician, not a 5 specially retained expert, the witness’ opinions are not subject to Daubert.”). 6 Here, each … Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 oH 2 Under Federal Rule of Evidence 702, “A witness who is qualified

Simmons v. U.S. Department of Health, Education and Welfare

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

Clearly baseless factual allegations include those “that are 24 ‘fanciful,’ ‘fantastic,’ and ‘delusional.’ ” Denton, 504 U.S. at 32-33 (quoting Neitzke, 490 U.S. 25 at 325, 327, 328). … Boone: Failure to 6 Perform Legal and Implied Fiduciary Duty in Due Diligence Salvor: Safe Conduct: National 7 Strategy Established to Combat Human Trafficking.” (ECF No. 13 at 1.)

Cavagnaro

District Court, E.D. California · Dec 5, 2025

9 On 10/29/23, at the second level of appeals, the reviewing authority granted the claim on 10 reasoning that the office of grievance failed to address all of appellant’s assertions and failed to 11 establish … preliminary injunction that goes beyond 25 maintaining the status quo pendente lite, ‘courts should be extremely cautious’ about issuing a 26 preliminary injunction and should not grant such relief unless the facts and law clearly

Bryan

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

The “United States is entitled to 26 sovereign immunity from declaratory relief judgments ‘with respect to Federal taxes.’” Hodgson v. United States, 357 F. … App. 5th at 8 1068, the United States no longer qualifies as a third party to the transaction. Rather, 9 the United States has stepped into Mr.

(PC) Benanti v. Doerer

District Court, E.D. California · Aug 26, 2025

“Under Winter, plaintiffs must establish that irreparable harm is likely, not just 16 possible, in order to obtain a preliminary injunction.” Alliance for the Wild Rockies v. … (a).3 The Court must dismiss a complaint or portion thereof if the complaint is frivolous or 20 malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a 21 defendant who is immune

(PC) Maddox v. Lara

District Court, E.D. California · Jun 14, 2023

complaint or portion thereof if the prisoner has raised claims that are 25 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 26 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 2 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

Fireman's Fund Ins. Co. v. City of Lodi, Cal.

296 F. Supp. 2d 1197 · District Court, E.D. California · Dec 22, 2003

A party benefits from early settlement with the United States, or a State, because, by operation of section 113(f)(2), such a party becomes immune from contribution claims asserted by other potentially responsible parties … Clearly, the impermissible recovery of legal fees by Lodi is a distinct litigation advantage which frustrates CERCLA’s purpose of effectuating prompt remediation and resolution of disputes.

(PC) Wilkins v. Heslop

District Court, E.D. California · Sep 12, 2022

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. Neitzke, 9 490 U.S. at 327. … In an amended complaint plaintiff must clearly identify each 7 defendant and the action that defendant took that violated his constitutional rights.

Daniel Wong v. City of Roseville, et al.

District Court, E.D. California · Aug 19, 2026

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 … For Plaintiff to prevail on a Fourth Amendment 23 Claim, he must establish that the seizure of property was unreasonable.

(PC) Hicks v. Miller

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

One way this can be established is “if the inmate 4 shows that the risk posed by the deprivation is obvious.” Thomas v. … An authorized deprivation is one 27 carried out pursuant to established state procedures, regulations, or statutes. Piatt v.

R.N. v. Travis Unified School District

District Court, E.D. California · Dec 8, 2020

Additionally, finding that a public school qualifies as a 27 “business establishment” under the Unruh Act aligns the Unruh Act’s jurisdiction with that of the 28 ADA, which also applies to public schools. … District MTD at 25–26. 10 Plaintiffs, in their opposition, point out District defendants have pointed to no law that shows 11 immunity for public school officials in cases involving punitive damages.

(PC)Miller v. Thomas

District Court, E.D. California · Jun 3, 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 court may, therefore, dismiss a claim as frivolous when 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.

(PC) Ellis v. Acob

District Court, E.D. California · May 4, 2022

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Smith, 974 F.2d 1050, 1059-60 (9th Cir. 1992)). 18 Deliberate indifference is established only where the defendant subjectively “knows of and 19 disregards an excessive risk to inmate health and safety.”

(PC) Sierra v. Covello

District Court, E.D. California · Jul 12, 2022

or portion thereof if the prisoner has 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 … The court may, therefore, dismiss a claim as frivolous where it is based on an 14 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 15 490 U.S. at 327.

Doris Anderson v. County of Fresno

District Court, E.D. California · Oct 22, 2021

The information or items shall be clearly 8 identified as follows: CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER, 9 Doris Anderson, et al. v. County of Fresno, et al., E.D. Cal. … A sealing order will issue only 2 upon a request establishing that the Protected Material at issue is privileged, protectable as a trade 3 secret, or otherwise entitled to protection under the law.

(PC) Roberts v. Newsom

District Court, E.D. California · Apr 19, 2023

a ... policymaker possessed 12 with final authority to establish that policy.” … Further, to establish a violation of the Equal Protection Clause, the prisoner must present 23 evidence of discriminatory intent. See Washington v.

(HC) Torres v. Lozano

District Court, E.D. California · Oct 27, 2020

Further, where courts of appeals have diverged in their treatment of 24 an issue, it cannot be said that there is “clearly established Federal law” governing that issue. 25 Carey v. … Her testimony to that effect 11 “established [she] was using the house as her residence, and it 12 therefore qualified as

(PC) Driver v. Kahlon

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

[T]hat edict contains one significant qualifier: the remedies must indeed be 16 “available” to the prisoner. … Plaintiff bears the burden of clearly satisfying all four prongs. Alliance for the Wild 27 Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011).