Case law

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

Whitfield v. Saleh

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

A plaintiff need not show 13 intentional discrimination to establish an ADA violation. Lentini v. … Id. 14 The ADAAG “establish[ ] the technical standards required for ‘full and equal 15 enjoyment.’” Id.

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.)

(PC) Onley v. Davis

District Court, E.D. California · Jan 6, 2023

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 … Abbey, 14 263 F.3d 1070, 1074-75 (9th Cir. 2001) (“[T]here is a clearly established constitutional due 15 process right not to be subjected to criminal charges on the basis of false evidence that was 16 deliberately

(SS) MacLellan v. Commissioner of Social Security

District Court, E.D. California · Mar 28, 2023

. §§ 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 … 2020 qualifies for a period 22 of disability.”

(PC) Calderon v. Covello

District Court, E.D. California · Nov 21, 2023

The court may, therefore, dismiss a claim as frivolous where it is based on an 7 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 8 490 U.S. at 327. … Circumstances 1 | common to most prisoners, such as lack of legal education and limited law library access, do not 2 | establish exceptional circumstances that would warrant a request for voluntary assistance of 3 |

(PC) Foster v. Tulare County Sheriff's Department

District Court, E.D. California · Mar 30, 2022

“[E]ven gross negligence is insufficient 11 to establish a constitutional violation.” Id. (citing Wood v. … The amended complaint should be clearly and boldly 14 titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 15 under penalty of perjury.

(PC) DeOllas v. County of Sacramento

District Court, E.D. California · Mar 31, 2023

or portion thereof if the prisoner has raised claims that are legally 27 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 28 monetary relief from a defendant who is immune … The court may dismiss a claim as frivolous if it is based on an indisputably meritless legal 4 theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327.

(PC) Del Toro v. Daram

District Court, E.D. California · Nov 29, 2022

complaint or portion thereof if the prisoner has raised claims that are 23 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 24 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

(PC) Martin v. Castillo

District Court, E.D. California · Jun 8, 2022

Plaintiff's lengthy narrative does not clearly 19 or succinctly allege facts against each of the named Defendants and it presents several unrelated 20 claims. … To establish a violation of the right of access to the courts, an inmate must 26 establish that they suffered an actual injury. Lewis, 518 U.S. at 349, 351-52.

(SS) Chavez v. Commissioner of Social Security

District Court, E.D. California · Aug 20, 2020

Heckler, 760 F.2d 993, 995 (9th Cir. 1985). 18 DISABILITY BENEFITS 19 To qualify for benefits under the Social Security Act, Plaintiff must establish he is unable … Chater, 172 F.3d 31, 35 (1st Cir. 1999) (as a 12 lay person, the ALJ is “simply not qualified to interpret raw medical data in functional terms”).

(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.

Fagalnifin v. First Technology Federal Credit Union

District Court, E.D. California · Jun 23, 2025

Because Plaintiff was told by her supervisors that her 14 absence did not qualify for FMLA leave, she did not submit a formal request and 15 instead utilized paid time off. (Fagalnifin Decl. ¶ 11.) … Superior Ct., 53 8 Cal. 4th 1004, 1040 (2012). 9 As for rest breaks, the handbook clearly states that Defendant “provides non- 10 exempt employees with the opportunity

(PC) Atencio v. Allison

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

Dillard, 744 F.3d 1076, 1087 (9th 5 Cir. 2014) (failure to follow procedures is not, of itself, enough to establish a violation of 6 plaintiff’s constitutional rights); see, e.g., Langford v. … preliminary injunction that 5 goes beyond maintaining the status quo pendente lite, ‘courts should be extremely cautious’ about 6 issuing a preliminary injunction and should not grant such relief unless the facts and law clearly

(PC) Kern v. Sacramento County Main Jail

District Court, E.D. California · May 16, 2025

However, 13 plaintiff does not clearly identify this defendant in the caption of his FAC. Fed. R. Civ. … Finally, as to each potential John or Jane Doe defendant, plaintiff must establish 5 good cause for the early discovery.

Cotterman v. Jan X-Ray Services, Inc.

District Court, E.D. California · Mar 17, 2022

If the moving party meets its initial 26 responsibility, the burden then shifts to the opposing party to establish that a genuine 27 issue as to any material fact actually does exist. Matsushita Elec. Indus. … Pl.’s Opp’n at 20–21 (“To Plaintiff, this clearly constituted a 14 termination because Plaintiff was being separated from the job he was specifically and 15 solely hired to perform, and flown thousands of miles away.”

(PC) Sekona v. Lucas

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

Because Plaintiff’s Complaint does not clearly and 20 succinctly state what happened, Plaintiff’s Complaint shall be dismissed for violation of Rule 21 8(a), with leave to amend. … To comply with Rule 8(a), Plaintiff 23 must clearly and succinctly set forth his allegations, preferably in chronological order.

(PC) Woolery v. Shasta County Jail

District Court, E.D. California · Jun 7, 2021

or portion thereof if the prisoner has raised claims that are legally 14 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 15 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 19 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 20 490 U.S. at 327.

(PC) Stephen v. Tileston

District Court, E.D. California · Jan 28, 2021

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 … is cautioned that because he has suffered three strikes under § 1915(g), 23 his amended complaint “must reveal a nexus between the imminent danger it alleges and the 24 claims it asserts, in order for the litigant to qualify

Juarez

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

The separate statement must “cite the particular portions” of the 19 record that establish each proposed fact as “undisputed.” Id. … But the name of the inbound-outbound manager is clearly Elizabeth Varela. See Hadjian Am. Decl. Ex. 12 at 164. Elizabeth Arreola was the operations supervisor at Dollar General. See id.