Case law

(PC) See v. Rivas

District Court, E.D. California · Jan 10, 2024

Even gross 1 negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood 2 v. … Kane, 92 F.3d 934 27 (9th Cir. 1996) (defendants entitled to qualified immunity against prisoner’s Eighth Amendment 28 claim stemming from second degree burns suffered when oven door fell off its hinges and burned 1

(PC) Totten v. Redding Police Department

District Court, E.D. California · Jul 20, 2022

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. … Tort claims, without 3 established diversity jurisdiction, should be brought in state court.

(PC)Vera v. Warden

District Court, E.D. California · Jun 10, 2024

Hearing, Olson 14 review, Qualified readers, Spanish interpreters, Interview with Def’s T. … Plaintiff once against fails to 2 clearly allege an actual injury or to identify an anticipated or lost underlying claim, and further 3 fails to establish that any such claim is nonfrivolous and arguable.

(PC) McCoy v. Sac County Jail

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

or portion thereof if the prisoner has raised claims that are legally 11 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 12 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 16 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 17 490 U.S. at 327.

(PC) Dillingham v. Garcia

District Court, E.D. California · Jun 1, 2020

To show discriminatory intent, a plaintiff must establish deliberate indifference by the 16 public entity. Duvall v. … E.g., Farmer, 511 U.S. 13 at 847; Hearns, 413 F.3d at 1040. 14 To establish a violation of this duty, the prisoner must establish that prison officials were 15 “deliberately

(PC) Gamboa, Jr. v. B. Gonzales

District Court, E.D. California · Jun 4, 2021

However, Plaintiff does not identify which defendants were involved, 12 there are no allegations suggesting that any defendant other than Gonzales was involved, and 13 Plaintiff is clearly not referring to all defendants … App’x 751 (9th Cir. 2011) (“[A] 22 prisoner has no constitutionally guaranteed immunity from being falsely or wrongly accused of 23 conduct which may result in the deprivation of a protected liberty interest.

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.

Sylvester v. Sacramento County Sheriff's Dept.

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

This claim fails because it is clearly foreclosed as the Fifth 7 Amendment’s due process clause only applies to the federal government. See Bingue v. 8 Prunchak, 512 F.3d 1169, 1174 (9th Cir. 2008). … immunity argument at this 27 time.

Jacoby v. Board of Supervisors of the University of Louisiana System

District Court, E.D. California · Feb 1, 2024

Hayes, 408 U.S. 665 (1972) as establishing a qualified privilege for journalists 6 against compelled disclosure of information gathered in the course of their work. … The deposition subpoena now 20 at issue was issued separately from the document subpoena at issue in Jacoby I, and ULS is 21 entitled to attempt to establish the Shoen II factors required to invade journalistic privilege

Dever

District Court, E.D. California · Mar 31, 2026

Defendant does not oppose this Request. 25 When conducting de novo review, “the district court can consider extrinsic evidence only under certain limited circumstances, and only when circumstances clearly establish … Under this standard, “it is 18 sufficient to show that an employee has the capacity to perform some job for which 19 she is qualified or can reasonably become qualified.” Id.

(PS) Avila v. NewRez LLC

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

In addition, 9 Plaintiffs allege “Defendants are not qualified to receive any payments” because “new evidence 10 suggests based on a defective Assignment of Deed of Trust that this assignment failed to include 11 both … (internal quotation marks omitted). 25 “A plaintiff seeking a preliminary injunction must establish [1] that he is likely to succeed 26 on the merits, [2] that he is likely to suffer irreparable harm in the absence

Cates

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

portion thereof if the prisoner has raised claims that are legally 19 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that 20 seek monetary relief from a defendant who is immune … “[E]ven gross negligence is insufficient to establish a constitutional violation.” Id. (citing Wood v.

Beaton v. Internal Revenue Service

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

However, a dismissal qualifies 15 as a strike only where the entire action was dismissed for a qualifying reason under the PLRA. 16 Hoffman v. … Amendment 2 immunity, and he did not identify any individuals against whom he might assert a § 1983 claim. 3 Id. at ECF No. 7.

(PS) Wilson v. Experian Information Solutions, Inc.

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

forma pauperis 25 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 26 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 27 immune … To establish a violation of the FDCPA, plaintiff must show: 23 (1) she was a consumer (2) who was the object of a collection activity arising from a consumer 24 “debt” within the meaning of the FDCPA, and (3) the defendant

United States Liability Ins. Co. v. Johnston

District Court, E.D. California · Sep 13, 2021

Thus, the insured bears the burden of 17 establishing that the claim is within the basic scope of coverage, and the insurer bears the burden 18 of establishing that the claim is specifically excluded. … Plaintiff is further correct that 11 the only exception to this “sweeping civil immunity” is liability for providing alcohol to a clearly 12 intoxicated minor. (ECF No. 11 at 15); Cal. Bus. & Prof.

(PS) Richardson v. County of Shasta

District Court, E.D. California · Feb 28, 2020

Defendants “are not 17 entitled to qualified immunity for the complained of conduct.” … App. 4th 559, 570–71 (2010) 12 (mandamus “will lie to force a particular action ... when the law clearly establishes the 13 petitioner’s right to such action”) (internal quotation marks omitted).

Rounds v. The Board of Trustees of the CA State University

District Court, E.D. California · Jun 11, 2025

In its motion to dismiss, defendant argued that these three claims were barred by 10 California’s Government Tort Claims Act and that it was entitled to sovereign immunity under 11 the Eleventh Amendment. (Id.) … Failing to read the court’s orders obviously does not 28 establish excusable neglect. 1 service if a responsive pleading or 21 days after service of a motion under Rule 12(b),

(PC) Harrison v. Campbell

District Court, E.D. California · Nov 13, 2023

To prove liability for an action or policy, the 16 plaintiff “must... demonstrate that his deprivation resulted from an official policy or custom 17 established by a... policymaker possessed with final authority to establish … In order to state a claim for the denial of court 20 access, a prisoner must establish that he suffered an actual injury. Id. at 349.

(PC) Garza v. CDCR Appeals

District Court, E.D. California · Aug 8, 2019

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) Johnson v. Avenal State Prison

District Court, E.D. California · Oct 20, 2022

Court must dismiss a complaint or portion thereof if the prisoner raises claims that are 3 frivolous or malicious, fail to state a claim on which relief may be granted, or seeks monetary 4 relief from a defendant who is immune … Plaintiff’s subjective feeling that he was “racially 23 profiled and disrespected” does not establish an injury that can be remedied by court order. This 24 claim is clearly frivolous and meritless.