Case law

Hargrove v. City of Bakersfield

District Court, E.D. California · Oct 7, 2019

The Court will 10 bar use of the evidence in question only if the moving party establishes that the evidence clearly is not 11 admissible for any valid purpose. … immunity.

(HC) Harmless v. Lizzaraga

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

In the absence of clearly established Supreme Court law on this issue, AEDPA relief is foreclosed. See Knowles v. … Mirzayance, 556 U.S. 111, 121 (2009) (“it is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by this Court

(PC) Niles v. Aung

District Court, E.D. California · Dec 27, 2022

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.

Rocky Mountain Farmers Union v. Goldstene

843 F. Supp. 2d 1071 · District Court, E.D. California · Dec 29, 2011

Clearly, a law that compels the use of in-state products or forbids the use of out-of-state products would violate the Commerce Clause. See, Alliance for Clean Coal v. Miller, 44 F.3d 591, 596 (7th Cir.1995). … California has failed to establish this fact.

(PS) Hall v. Smith

District Court, E.D. California · Mar 4, 2020

the case at any time if it determines the 13 allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on 14 which relief may be granted, or seeks monetary relief against an immune … Should plaintiff choose to file an amended complaint, the 15 amended complaint shall clearly set forth the allegations against each defendant and shall specify 16 a basis for this court’s subject matter jurisdiction.

(PC) Strand v. Lizarraga

District Court, E.D. California · May 4, 2020

or portion thereof if the prisoner has raised claims that are legally 12 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 13 monetary relief from a defendant who is immune … It has already been established that plaintiff has no 13 cause of action for having been placed in administrative segregation.

Kindred v. Menninger

District Court, E.D. California · Apr 2, 2020

s complaint, or any portion thereof, is subject to 4 dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be 5 granted, or if it seeks monetary relief from a defendant who is immune … An 16 equal protection claim may be established by showing that defendants intentionally discriminated 17 against a plaintiff based on his membership in a protected class, Comm. Concerning Cmty. 18 Improvement v.

(PC) Keen v. Lynch

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

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. … A 8 showing of merely negligent medical care is not enough to establish a constitutional violation. 9 Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.

Roberts v. SYNERGISTIC INTERNATIONAL, LLC

676 F. Supp. 2d 934 · District Court, E.D. California · Oct 30, 2009

Roberts did not qualify for a CLB license and told Mr. Roberts that he could work under the license of Dan Mock (“Mr. *939 Mock”), an officer and representative of Synergistic. Compl. ¶¶ 19-23. … Roberts, a California resident, and solicited him to establish a franchise area in Fresno County, California. Though Mr.

Stayci Ann Del Fierro v. Commissioner of Social Security

District Court, E.D. California · Feb 18, 2026

A 15 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 16 proof from step one through step four. 17 Before making the step four … Yet, in the usual course, the 6 Appeals Council clearly considers and rejects new evidence—and may do so without a rationale. 7 Here, the supplemental certification for this assessment states only that this record was

(PC) Drake v. Campbell

District Court, E.D. California · Apr 28, 2025

complaint, or any portion thereof, is subject to dismissal if it is frivolous 11 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 12 relief from a defendant who is immune … policy 3190 (k) states that “inmates shall be 14 allowed special purchases of authorized personal property items from departmentally approved 15 inmate package vendor catalogs and order forms are available to inmates who qualify

Wilson v. Tuolumne County

District Court, E.D. California · Mar 23, 2021

Although Plaintiff's complaint is relatively short, it is not a plain statement of his claims. 16 As a basic matter, the complaint does not clearly … April 20, 2006) (granting 8 qualified immunity to defendants when prisoner slipped and fell in puddle of water resulting from 9 leaky roof known to defendants), aff'd by 2008 WL 686740 (9th Cir.

(PC) McClung v. CA Board of State and Community Corrections

District Court, E.D. California · Jan 19, 2024

Plaintiff is advised that in an amended 25 complaint he must clearly identify each defendant and the action that defendant took that violated 26 his constitutional rights. … Circumstances 16 common to most prisoners, such as lack of legal education and limited law library access, do not 17 establish exceptional circumstances that would warrant a request for voluntary assistance of 18 counsel

(PC) Lazar v. Jones

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

The court may, therefore, dismiss a claim as frivolous where 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. … Mere negligence on the part of the prison official is 1 not sufficient to establish liability.

(PC) Hicks v. Covello

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

or portion thereof if the prisoner has raised claims that are legally 26 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 27 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 4 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 5 490 U.S. at 327.

United Farm Workers v. The United States Department of Labor

District Court, E.D. California · May 14, 2021

“The district court has broad latitude in fashioning equitable relief when necessary to 11 remedy an established wrong.” Alaska Ctr. for Env’t v. … Clearly the ruling of the Court 26 will affect all those people who are affected by the regulations at issue.

(HC)Luna

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

Id. 25 “Subsection C provides for the detention of ‘criminal aliens’ and states that ‘[t]he Attorney 26 General shall take into custody any alien who’ is deportable or inadmissible based on a 27 qualifying … Government Interest 5 “[T]he government clearly has a strong interest in preventing aliens from ‘remain[ing] in 6 the United States in violation of our law.’”

(PC)Martin v. Pfeiffer

District Court, E.D. California · Sep 19, 2022

They are absolutely immune from liability for 14 punitive damages under § 1983, however. See City of Newport v. … “In the simplest and most absolute of terms ... 20 prisoners [have a clearly established Eighth Amendment right] to be free from sexual abuse ...

(PC) Smithee v. California Correctional Institution

District Court, E.D. California · Mar 30, 2020

The case cited clearly states that, if not replead, that claim is 18 deemed abandoned. Chubb Custom Ins. … Qualified Immunity 2 Due to the dearth of facts alleged to support the conclusions made by Plaintiffs, the Court 3 declines to consider qualified immunity at this time

(PC) Lamon v. Pfeiffer

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

This is the established law of the Ninth Circuit. 8 See El-Shaddai v. … Hogan, 738 F.3d at 1110 (“dismissed appeals clearly count as 3 strikes because they relied on district court findings that the appeal ‘[was] not taken in good faith,’ and 4 lack of ‘good faith” in this context has been