Case law

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.

(PC)Allen v. Arias

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

To state a 15 cognizable retaliation claim, Plaintiff must establish a nexus between the retaliatory act and the 16 protected activity. Grenning v. Klemme, 34 F. Supp. 3d 1144, 1153 (E.D. … preliminary injunction that 6 goes beyond maintaining the status quo pendente lite, ‘courts should be extremely cautious’ about 7 issuing a preliminary injunction and should not grant such relief unless the facts and law clearly

(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.

(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) Sarkis v. Yolo County Public Agency Risk Mgt. Ins. Authority

District Court, E.D. California · Aug 26, 2024

“To accomplish this, the defendant must clearly set forth, through the introduction of 24 admissible evidence, the reasons for” the challenged adverse employments actions. … This evidence is sufficient 10 to establish a legitimate, nondiscriminatory basis for plaintiff’s termination. 11 C.

(PC) Brown v. Allison

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

complaint or portion thereof if the prisoner has raised claims that are 7 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 8 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

(PC) Dao v. Vanhorn

District Court, E.D. California · Apr 5, 2024

The court may, therefore, dismiss a claim as frivolous where 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. … A 3 showing of merely negligent medical care is not enough to establish a constitutional violation. 4 Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.

(PS) Singh v. Austin

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

This “is clearly evidence of Discrimination.” 12 (Id.) “Due to circumstances created by management” plaintiff resigned. (Id.) Plaintiff “heard” 13 that plaintiff is being “‘BLACK BALL’ in department.” … This may be done by showing (i) that he 5 belongs to a racial minority; (ii) that he applied and was qualified for a job for which the 6 employer was seeking applicants; (iii) that, despite his qualifications, he was

(PS) Rogers v. County of Sacramento

District Court, E.D. California · Jun 6, 2025

After establishing one of the methods of liability, “a plaintiff must also show that the 10 circumstance was (1) the cause in fact and (2) the proximate cause of the constitutional 11 deprivation.” … 20 The specific intent inquiry for a Bane Act claim is focused on two questions: First, 21 “[i]s the right at issue clearly

(PC) Hardin v. Covello

District Court, E.D. California · Sep 26, 2024

complaint or portion thereof if the prisoner has raised claims that are 9 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 10 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 14 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

(PC) Mosley v. Cargill

District Court, E.D. California · Dec 9, 2019

The court may, therefore, dismiss a claim as frivolous where it is based on an 10 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 11 490 U.S. at 327. … That is not a 11 sufficient basis upon which to establish defendant Cargill’s liability for the delays in plaintiff’s 12 medical treatment.

(PC) Dunn v. Rodriguez

District Court, E.D. California · Apr 24, 2023

complaint or portion thereof if the prisoner raised claims that are legally 2 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 3 monetary relief from a defendant who is immune … An authorized deprivation is one 8 carried out pursuant to established state procedures, regulations, or statutes. Piatt v. McDougall, 9 773 F.2d 1032, 1036 (9th Cir. 1985); see also Knudson v.

Armando Mendoza Juarez v. Commissioner of Social Security

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

A 7 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 8 … Id. at 15 1070 (emphasis in original), citing 20 C.F.R. § 404.1563(b). 16 The Court finds that the ALJ’s opinion clearly demonstrated that the ALJ was aware and 17 considered Plaintiff’s age category

California Sportfishing Protection Alliance v. Diablo Grande, Inc.

209 F. Supp. 2d 1059 · District Court, E.D. California · Mar 21, 2002

Summary Adjudication Summary adjudication may be appropriate on clearly defined, distinct issues. See Robi v. Five Platters, Inc., 918 F.2d 1489 (9th Cir.1990). Fed.R. … Plaintiff establishes a reasonable ' likelihood that violations will recur. See Southwest Marine, 236 F.3d at *1074 998.

(PC) Nguyen v. Givens

District Court, E.D. California · Mar 16, 2020

complaint or portion thereof if the prisoner has raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … To establish a violation of a prison official’s duty to take reasonable steps to 19 protect inmates from physical abuse, the prisoner must establish that prison officials were 20 “deliberately indifferent” to serious

California Dump Truck Owners Ass'n v. Nichols

924 F. Supp. 2d 1126 · District Court, E.D. California · Dec 19, 2012

The Supreme Court has established a general framework by which preemption questions are analyzed: [S]tate law can be preempted in either of two general ways. … Plaintiff also concedes that, “[a]s a practical matter, it may well be the case that striking down the state regulation does not afford plaintiffs complete immunity from federal enforcement.” (Id. at 3.)

Burton v. Wal-Mart Associates, Inc.

District Court, E.D. California · Feb 7, 2024

(3) If such 6 information has been disclosed to persons not qualified pursuant to paragraph(s) (14-15) below, the 7 party who disclosed such information shall (a) take reasonable efforts to retrieve previously disclosed … This includes secure data storage systems, established security policies, 13 and security training for employees, contractors and experts.