Case law

(PC) Brownlee v. Lee

District Court, E.D. California · Jul 24, 2020

complaint or portion thereof if the prisoner has 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 … An individual defendant is not liable on a civil rights claim unless the 18 facts establish the defendant’s personal involvement in the constitutional deprivation or a causal 19 connection between the defendant’s wrongful

Kimberly R. Olson v. Law Offices of Joseph M. Ahart, Inc.

District Court, E.D. California · Nov 24, 2025

provision, the Court must dismiss a complaint or portion thereof if it: (1) is frivolous or 24 malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief 25 from a defendant who is immune … See id. pgs. 3-5. 25 Plaintiff states that she is a qualified individual with a disability under the ADA. 26 See id. at 2.

Leatherman

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

complaint or portion thereof if the prisoner raised claims that are legally 24 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 25 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 1 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 2 490 U.S. at 327.

(SS) Carpenter v. Commissioner of Social Security

District Court, E.D. California · Mar 8, 2023

On this record, the court cannot say 24 that it is clearly established by the medical evidence that plaintiff lacks a medically severe mental 25 impairment. See Ortiz v. Commissioner of Social Sec., 425 Fed. … Or. 2014) (“On review, the court must 6 determine whether the ALJ had substantial evidence to find that the medical evidence clearly 7 established that Ms.

(PC) Crossley v. Tulare County Sheriff

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

District of Columbia, subjects, or causes to 14 be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The amended 16 complaint should be clearly and boldly titled “First Amended Complaint,” refer to the appropriate 17 case number, and be an original signed under penalty of perjury. 18 Based on the foregoing

Hoopa Valley Tribe v. United States Bureau of Reclamation

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

[a relief is] (a) a grant of money, assistance, license, 20 authority, etc., or (b) recognition of a claim, right, immunity, etc., or (c) a taking of other action on … (See id.)13 14 However, the record does not clearly establish how the WFV Project will impede fishing 15 opportunities. Mr.

(PS) Robinson v. Carmax Auto Finance, LLC

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

forma pauperis 2 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to 3 state a claim on which relief may be granted,” or “seeks monetary relief against a 4 defendant who is immune … In 7 reviewing a complaint under this standard, the court accepts as true the factual 8 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 9 construes those allegations in the

(PC) Whiteman v. Shasta County Jail

District Court, E.D. California · Feb 16, 2024

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.

(PC) Howell v. Camargo

District Court, E.D. California · Aug 15, 2019

three or more prior actions or appeals dismissed 6 as frivolous, malicious, or for failure to state a claim upon which relief may be granted, and has 7 not alleged imminent danger of serious physical injury does not qualify … Casey, 518 U.S. 343, 346 (1996), which 1 extends to established grievance procedures, Bradley v. Hall, 64 F.3d 1276, 1279 (9th Cir.1995) 2 overruled on other grounds by Shaw v.

Bow v. Cebridge Telecom CA, LLC

District Court, E.D. California · Feb 2, 2022

“This gives rise 8 to a ‘strong presumption against removal jurisdiction [which] means that the defendant always 9 has the burden of establishing that removal is proper.’” Id. (citation omitted). 10 III. … Cal. 4th 303, 315 (2003) (determining an injunction under the UCL or the 28 1 | false advertising law against deceptive advertising practices “is clearly

Benton

District Court, E.D. California · Aug 12, 2026

part admitted and qualify or deny the 10 rest. … Superior Court of Los 19 Angeles County, 62 Cal.2d 274, 277 (Cal. 1965). 20 Defendants argue that this privilege only precludes the use of such EDD records to 21 establish some offset against

Phillips

District Court, E.D. California · Aug 10, 2026

Aye falsified reports by saying Plaintiff was getting 1 better when he clearly was not. Dr. Aye also stated that he evaluated Plaintiff on days when he 2 did not. … Aye is entitled to qualified immunity. 15 1.

(PS) Bruzzone v. Intel Corporation

District Court, E.D. California · Dec 17, 2019

“When there are multiple parties and/or multiple claims in an 3 action, the plaintiff must establish that venue is proper as to each defendant and as to each claim.” 4 Allstar Marketing Group, LLC v. … The second amended complaint also fails to clearly identify a 1 claim against a named defendant.

(PC) Fleming v. Gates

District Court, E.D. California · Jun 12, 2025

frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 28 1 “seek[] monetary relief against a defendant who is immune … Plaintiff went to five 8 sessions of physical therapy even though he still experienced discomfort. 9 The Office of Appeals granted Plaintiff’s grievance finding the lower-level response did 10 not clearly explain

(PC) Jones v. Adventist Health Delano Hospital

District Court, E.D. California · May 22, 2025

portion thereof if the prisoner has raised claims that are legally 7 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 8 “seek[] monetary relief against a defendant who is immune … In order to establish a claim for the use of excessive force in 14 violation of the Eighth Amendment, a plaintiff must establish that prison officials applied force 15 maliciously and sadistically to cause harm, rather

(PC) Burton v. Arya

District Court, E.D. California · Jul 24, 2020

complaint or portion thereof if the prisoner has 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 … Farmer, 511 7 U.S. at 837. 8 It is well established that “a mere difference of medical opinion . . .

(PC) Nemeth v. Covello

District Court, E.D. California · Apr 8, 2024

or portion thereof if the prisoner has raised claims that are legally 13 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 14 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 18 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 19 490 U.S. at 327.

(PC) Thornberry v. Baughman

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

or dismiss the complaint, or any portion 1 of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which 2 relief may be granted,” or “seeks monetary relief from a defendant who is immune … (en banc) (district courts must 5 afford pro se litigants an opportunity to amend to correct any deficiency in their complaints). 6 Should plaintiff choose to file an amended complaint, the amended complaint shall clearly

Chaudhry v. Smith

District Court, E.D. California · Sep 29, 2021

However, regardless of which way we come out on this issue Ronstadt does not lose his 15 qualified immunity because his statement regarding Cooper, even if defamatory, did not violate clearly established … However, Plaintiffs never presented 8 testimony or evidence clearly establishing the date or how it was made available specifically at 9 CRMC.

(PS) Miner v. District Attorney's Office, Prosecutors of Washington State

District Court, E.D. California · Feb 18, 2020

the case at any time if it determines the 23 allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on 24 which relief may be granted, or seeks monetary relief against an immune … Should plaintiff choose to file an amended complaint, the amended complaint 17 shall clearly set forth the allegations against each defendant and shall specify a basis for this 18 court’s subject matter jurisdiction.