Case law

(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

Enborg v. Ethicon, Inc.

District Court, E.D. California · Mar 22, 2022

MacLean has clearly identified the data set and 12 methodology he used in drawing his conclusions as to in vivo degradation. Ms. Enborg is free to 13 attack Dr. … The Court therefore finds that he his qualified to provide general causation opinions and 24 testimony as to TVTs.

(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.

(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

Fryman

District Court, E.D. California · Jul 17, 2026

The Court must dismiss a complaint or 24 portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can 25 be granted; or (3) seeks monetary relief from a defendant who is immune … For example, while a “defendant’s alleged 23 statement telling plaintiff to show him her breasts would clearly be highly inappropriate, deeply 24 offensive and disrespectful, and would serve no legitimate penological

(PC) Green v. Church

District Court, E.D. California · Dec 9, 2020

9 establish a material issue of fact conclusively in its favor. … Hammond, 11 821 F.3d 1085, 1092 (9th Cir. 2016) (internal quotations and citations omitted) (evaluating merits 12 of Eighth Amendment claim in context of qualified immunity).

(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.

(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.

Dadbod Apparel LLC v. Hildawn Design LLC

District Court, E.D. California · Feb 10, 2025

As such, Plaintiff has not established that the cease and desist letters fall 4 within the narrow carve-out provided by Bancroft and cannot alone establish that 5 Defendants’ actions were expressly aimed at this forum … New Factual Allegations 9 In granting Defendants’ first motion to dismiss, the Court found that the 10 takedown actions Defendants allegedly initiated did not qualify as an act expressly

(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.”

(PC) Gipbsin v. Kernan

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

Rehabilitation (“CDCR”) institutions where he was incarcerated before his 5 eventual transfer to a Department of State Hospital (“DSH”) facility, no defendant had a culpable 6 state of mind, and they are entitled to qualified … immunity.

(PC) Jones v. California Medical Facility

District Court, E.D. California · Dec 20, 2019

or portion thereof if the prisoner has raised claims that are legally 15 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 16 monetary relief from a defendant who is immune … Plaintiff stated that he qualifies 18 for accommodations under the Americans with Disabilities Act (ADA) because he has 4 screws 19 in his back.

(PC) Brown v. Shaffer

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

Further, the Supreme Court recognized that it is well established that 9 an error of State law does not amount to a denial of federal due process. Id. at 222. … The BPH record clearly evidences that the board considered the 2 factors set forth in § 3015 in determining whether Plaintiff should be granted parole. 3 To the extent that Johnson v.

Athwal v. County of Stanislaus

District Court, E.D. California · Apr 11, 2023

Moving Plaintiffs also assert that the 11 affidavit was reviewed by the District Attorney, a decisionmaker under Monell, prior to its 12 submission to the Court and that the County clearly ratified the search warrant … A denial must fairly respond to the substance 17 of the matter; and when good faith requires that a party qualify an answer or deny only a part of a 18 matter, the answer must specify the part admitted and qualify or

Walter W. Wells v. County of Stanislaus

District Court, E.D. California · Apr 11, 2023

Moving Plaintiffs also assert that the 11 affidavit was reviewed by the District Attorney, a decisionmaker under Monell, prior to its 12 submission to the Court and that the County clearly ratified the search warrant … A denial must fairly respond to the substance 17 of the matter; and when good faith requires that a party qualify an answer or deny only a part of a 18 matter, the answer must specify the part admitted and qualify or

Sheikh v. Spinnaker Ins. Co.

District Court, E.D. California · May 5, 2025

part admitted and qualify or deny the rest. … However, the Court notes that many of 5 || Defendants’ stated positions in the joint statement are clearly meritless.

(PC) Powell v. Andrus

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

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 15 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … To 6 state a claim against Doe defendants, plaintiff must allege conduct by each specific Doe 7 defendant to establish liability under 42 U.S.C. § 1983.

(HC) Russell v. Borders

District Court, E.D. California · Feb 17, 2021

If a decision from the Supreme Court does not 9 squarely address an issue or establish a legal principle that clearly extends to a new context, then 10 there is no clearly established law for the purposes of AEDPA. … To qualify as an adequate procedural ground, 25 a state rule must be “firmly established and regularly followed.” Id. at 316.

W. v. Turlock Unified School District

District Court, E.D. California · Jun 14, 2022

The remaining $7,000 is intended to cover J.S.’s qualified 20 educational expenses until those funds are depleted, or through June 30, 2021, whichever occurs 21 first.”); see also R.Q. v. Tehachapi Unified Sch. … Superior Ct., 15 27 Cal. 4th 793, 804-807, 42 P.3d 1034 (2002) (“The Bill of Rights Act, which explicitly 16 declares that its purpose is to promote ‘effective law enforcement’ . . . was clearly ‘established 17 for

(HC) Garrett v. Moore

District Court, E.D. California · Oct 19, 2023

Woodall, 572 U.S. 415, 419 (2014). 17 “Clearly established federal law” consists of the governing legal principles in the 18 … No. 46 at 7-9). 4 Alternatively, Respondent argues that Petitioner’s claim fails on the merits because “no clearly 5 established Supreme Court precedent condemns actions taken by Judge Cardoza.”