Case law

(PC) DeOllas v. County of Sacramento

District Court, E.D. California · Dec 21, 2022

complaint or portion thereof if the prisoner has 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 … The court may dismiss a claim as frivolous if it is based on an indisputably meritless legal 7 theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327.

Danielle M. Ayers v. Commissioner of Social Security

District Court, E.D. California · Mar 20, 2026

A 7 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 8 … (AR 611-12.) 9 Though discussed in another section of the opinion, the ALJ clearly

Ocampo v. Fresno Police Department

District Court, E.D. California · Jan 25, 2024

“The requisite causal connection may be established 16 when an official sets in motion a ‘series of acts by others which the actor knows or reasonably … The amended complaint should be clearly and 16 boldly titled “First Amended Complaint,” refer to the appropriate case number, and be an original 17 signed under penalty of perjury.

(SS) Andrade Vasquez v. Commissioner of Social Security

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

Additionally, the circumstances set forth in 13 Shaibi do not clearly apply where the ALJ has an independent duty, as it does with the duty to 14 develop the record. See Smolen v. … Cal. 10 Oct. 31, 2017) (ALJ “may not act as his own medical expert as he is ‘simply not qualified to interpret raw medical data in functional terms’ ”), quoting Nguyen v. 11 Chater, 172 F.3d 31, 35

(SS) Vanderhoff v. Commissioner of Social Security

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

An impairment that manifests only some of 15 the criteria, no matter how severely, does not qualify. … established the limitations that arise from it.

Weststeyn Dairy 2 v. Eades Commodities Co.

280 F. Supp. 2d 1044 · District Court, E.D. California · May 7, 2003

“To establish conversion, plaintiff must establish an actual interference with his ownership or right of possession ...Id. (emphasis in original). … None of this experience qualifies Mr. Bettencourt to give a legal opinion on an issue of law, the existence of a trust. *1079 See Elsayed Mukhtar v.

Metropolitan Property & Casualty Insurance Co. v. Hedlund

218 F. Supp. 3d 1075 · District Court, E.D. California · Nov 3, 2016

MET’s person most qualified (“PMQ”) witness designee and the underlying claim litigation file handler, Tonya Johnson (“Johnson”), acknowledged that she read the Magnuson Letter to describe injuries that, if accurate, were … The facts establish that the Magnu-son Letter presented MET with an “opportunity to settle” as the letter clearly expressed an “interest in settlement” for an amount -within the insureds’ liability limits.

United States v. California

639 F. Supp. 199 · District Court, E.D. California · Apr 1, 1986

Finally, the third factor set forth in Middlesex County also clearly weighs in favor of abstention. … That it chose not to, does not establish that there is no adequate opportunity in the state court proceeding to raise the constitutional challenges.

(PC) Wright v. Deforest

District Court, E.D. California · May 30, 2024

complaint or portion thereof if the prisoner 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 … The court may, therefore, dismiss a claim as frivolous when it is based on an 12 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 13 490 U.S. at 327.

Juan Bacilio Gaspar v. Warden of the Golden State Annex ICE Detention Facility, et al.

District Court, E.D. California · May 11, 2026

Id. 21 “Subsection C provides for the detention of ‘criminal aliens’ and states that ‘[t]he Attorney 22 General shall take into custody any alien who’ is deportable or inadmissible based on a 23 qualifying … Government Interest 4 “[T]he government clearly has a strong interest in preventing aliens from ‘remain[ing] in 5 the United States in violation of our law.’”

(PC) Uy v. Lopez

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

Cal. 2023). 1 which relief may be granted, or if it seeks monetary relief from a defendant who is immune from 2 such relief. … Dallas, 493 U.S. 215, 231, (1990)). 6 Where, as here, a case is at the pleading stage, the plaintiff must “clearly . . . allege facts 7 demonstrating” each element. Id. (citing Warth v.

(PC) Lake v. Oboyle

District Court, E.D. California · Nov 14, 2023

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Smith, 974 F.2d 1050, 1059-60 (9th Cir. 1992)). 4 Deliberate indifference is established only where the defendant subjectively “knows of and 5 disregards an excessive risk to inmate health and safety.” Toguchi v.

(PC) Davis v. Unknown

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

The court may, therefore, dismiss a claim as frivolous when it is based on an 5 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 6 490 U.S. at 327. … follows: 23 Every person who, under color of [state law] ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of 24 any rights, privileges, or immunities

(PC) Muhammad v. Seibel

District Court, E.D. California · Mar 20, 2024

The court therefore finds that defendant has 2 discharged the order to show cause. 3 Although defendant has discharged the order to show cause and plaintiff clearly failed to 4 … 8 Plaintiff requests counsel on the grounds that he has been diagnosed with post-COVID 9 chronic fatigue syndrome, which qualifies as a disability under the ADA; has no experience in 10 trial proceedings; and is

Coalition for Clean Air v. VWR International, LLC

922 F. Supp. 2d 1089 · District Court, E.D. California · Feb 6, 2013

Defendants do not address the other elements of Article III standing, but they are clearly satisfied for pleading purposes. … SIP rules that “involve purely subjective standards” do not qualify, while those that “announce concrete, objective permitting requirements” do. Id.

(PC) Ray v. Petras

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

“A showing of medical malpractice or 23 negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.” 24 Id. at 1060. … immunity defense. 1 Accordingly, it is hereby recommended that: 2 1.

(PC)Wilson v. Ortega

District Court, E.D. California · Apr 12, 2022

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.

(SS) Dean v. Commissioner of Social Security

District Court, E.D. California · Mar 11, 2020

Heckler, 760 F.2d 993, 995 (9th Cir. 1985). 16 DISABILITY BENEFITS 17 To qualify for benefits under the Social Security Act, Plaintiff must establish he is unable … The burden of proof is on a claimant to establish disability. Terry v. 26 Sullivan, 903 F.2d 1273, 1275 (9th Cir. 1990).

(PS) Hipp v. The City of Vallejo

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

Title II of the ADA requires that “no 4 qualified individual with a disability shall, by reason of such disability, be excluded 5 from participation in or be denied the benefits of the services, programs, or activities … To state a claim under this 17 doctrine, Plaintiffs must establish three elements.

(SS) Pennington v. Commissioner of Social Security

District Court, E.D. California · Feb 6, 2024

A 3 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 4 proof from step one through step four. 5 Before making the step four determination … The claimant's case was clearly prejudiced by the inadequate examination of the vocational expert.”