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  • (SS) Thompson v. Commissioner of Social Security

    District Court, E.D. California · Mar 20, 2025

    . §§ 404.1520 (a)-(f) and 416.920(a)-(f). 8 9 To qualify for benefits, the claimant must establish the inability to engage in 10 … Priya Vij dated May 25, 2022, is part of Exhibit 8F, which the ALJ clearly references in 24 the decision. See CAR 1001; see also CAR 23 (hearing decision citing Exhibit 8F).

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  • (PS) Serris v. Chastaine

    District Court, E.D. California · Mar 10, 2022

    However, the first exception comes into play only 15 16 when a statute “clearly creating a federal right or remedy enforceable in a 17 federal court … “A plaintiff alleging a conspiracy under [42 U.S.C.] § 1985(3) 4 must establish

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  • Protect Our Water v. Flowers

    377 F. Supp. 2d 844 · District Court, E.D. California · Mar 22, 2004

    Here, the administrative record does not clearly evidence an “outpouring of public protest.” … However, the Corps has discretion to rely on the reasonable opinions of its own qualified experts. Greenpeace Action, 14 F.3d at 1332 .

    Cited 2 timesPublished
  • Morris v. Clark Pacific

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

    that the Union be given the same opportunity as other recruitment 9 sources to provide qualified … As with section IV’s reference to 19 California discrimination law, section V(m) does not clearly or 20 expressly reference claims made under antidiscrimination 21 statutes.

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  • Singh v. Hyundai Motor America

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

    only 11 have jurisdiction “[i]f the amount in controversy is [equal to or more] than the sum or value of 12 $50,000 (exclusive of interests and costs) computed on the basis of all claims” in the suit, among 13 other qualifiers … As such, 19 Hyundai has clearly established that actual damages contribute at least $40,000 to the amount in 20 controversy here. 21 2.

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  • (PC) Lewis v. Alison

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

    portion 27 thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail to state 28 a claim upon which relief may be granted, or that seek monetary relief from a defendant who is 1 immune … An equal protection claim may be established by showing that 24 defendants intentionally discriminated against plaintiff based on his membership in a protected 25 class, Hartmann, 707 F.3d at 1123, or that similarly situated

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  • Hormel Foods Corporation Hourly Employees' Pension Plan v. Perez

    District Court, E.D. California · Oct 11, 2023

    The Court thus examines whether Defendant qualified as a 20 fiduciary with respect to the Plan. 21 ERISA defines a fiduciary as follows: 22 Except … Although noting that such a 3 theory was not clearly established, the Court ultimately found that defendant could be considered 4 a fiduciary given that she had given “written consent to receive only sixty benefit payments

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  • (SS) Galvan v. Commissioner of Social Security

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

    Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 16 To qualify for benefits under the Social Security Act, a plaintiff must establish that 17 … Notably, [his] knee impairment was established prior to the [DLI] of 14 September 30, 2017.

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  • Lavardo John Basden v. Warden, Golden State Annex, et al.

    District Court, E.D. California · Aug 21, 2026

    As such, petitioner has established a liberty 20 interest. 21 B. … Government’s Interest 20 Regarding the third factor, “the government clearly has a strong interest in preventing 21 aliens from ‘remain[ing] in the United States in violation of our

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  • (PS) Kidgell v. County of Merced

    District Court, E.D. California · Jan 3, 2025

    Amendment applies to the federal government, not state or local 15 government”; and (5) “disputes over possessory interests in land under the facts alleged invoke no 16 federal statutes, treaties, rights, privileges or immunities … The United States Supreme Court, the Ninth Circuit, and this 11 Court have clearly stated that federal land patents and acts of Congress alone do not provide 12 bases for federal question jurisdiction.

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  • Cueva

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

    Plaintiff 22 asserts a preliminary injunction would “re-establish the status quo of his cell-feed regimen.” … He was informed he does not qualify for cell-feeding, but he does not agree 17 with this determination. Id. at 28. On December 12, 2024, plaintiff received a four-day cell-feed 18 chrono. Id. at 17.

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  • Allen v. Santa Clara County Correctional Peace Officers Association

    District Court, E.D. California · Sep 11, 2019

    They argue that defenses like qualified immunity and good faith are categorically inapplicable to claims for equitable 13 relief. See Wood v. … Given these considerations, “[i]t is well established that reliance interests 9 weigh heavily in the shaping of an appropriate equitable remedy.”

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  • (HC) Clark v. Lake

    District Court, E.D. California · Sep 24, 2019

    United States, 645 F.3d 1042, 1047 (9th Cir. 2011) (“An intervening court 16 decision must ‘effect a material change in the applicable law’ to establish unavailability.”) … In addition, the claims are clearly without merit, and regardless, 18 Petitioner waived his right to collateral review.

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  • (PC) Reed v. Newsom

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

    A plaintiff must connect the named defendants clearly 27 with the claimed denial of his rights. Farmer v. … “To 18 establish a violation of Title II of the ADA, a plaintiff must show that (1) [he] is a qualified 19 individual with a disability; (2) [he] was excluded from participation in or otherwise 20 discriminated against

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  • (PC) Bradford v. Church

    District Court, E.D. California · Jun 7, 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.

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  • (PS) Shipley v. Yolo County Child Welfare Services

    District Court, E.D. California · Jun 15, 2021

    Santa Clara 2 County, 514 F.3d 906, 908 (9th Cir. 2008). 3 Here, the amended complaint does not clearly identify which defendant or defendants 4 violated plaintiff’s right to due process … There 24 are three ways a “policy” can be established.

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  • (PC) Ramirez v. Vacaville Police Dept.

    District Court, E.D. California · Dec 15, 2021

    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.

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  • (HC) White v. Arviza

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

    The court noted that § 2255(h) specifies the 18 two limited circumstances permitting a federal prisoner to bring a second or successive collateral 19 attack on his sentence: (1) where new evidence clearly and convincingly … of two courts on the same case at the same time”) 1 Discussion and Analysis 2 Petitioner fails to provide an adequate petition for writ of habeas corpus and fails to establish

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  • (PC) Bodnar v. Clendenin

    District Court, E.D. California · Apr 11, 2024

    statute authorizes federal courts to dismiss a case if the 25 action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or 26 (iii) seeks monetary relief against a defendant who is immune … “[A] judge may dismiss IFP claims which are ‘based on indisputably meritless legal 3 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

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  • United States of America v. Dynamic Medical Systems, LLC.

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

    pro quo in contract 27 provisions “[u]ntil at least 2018”); id. ¶ 59 (“Dynamic has 28 carried out this scheme since at least 2006”); id. ¶ 60 (data 1 showing that “in 2011 Dynamic/Invacare was clearly … Dynamic uses Form CMS-1500 to bill Medi-Cal directly 28 for “qualifying wound” or “direct bill” patients.

    Cited 0 timesUnknown

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