Case law

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.

Thurston v. City of Vallejo

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

But the court will dismiss such unnamed defendants if discovery clearly would not uncover their identities or if the complaint would clearly be dismissed on other grounds. Id. … Discretion alone is not enough to 15 establish liability, the policymaker in question must be “responsible for establishing final 16 government policy . . . .” Gillette, 979 F.2d at 1347 (quoting Pembaur v.

Melero v. Ruiz

District Court, E.D. California · Oct 19, 2021

Territory or the District of Columbia, subjects, or causes to 7 be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Indeed, “the constitutional right of parents and children to live together without 4 governmental interference is clearly established.” Mabe v. San Bernardino County, Dept. of 5 Public Soc.

(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.”

(SS) Stubblefield v. Commissioner of Social Security

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

Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 18 To qualify for benefits under the Social Security Act, a plaintiff must establish that 19 … As for the second requirement, the ALJ found that the evidence of 7 record does not establish compromise of a nerve root. AR 18.

(PC) Ardds v. Hicks

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

Plaintiff did not qualify for single-cell status based on his case factors. (Id.) 6 54. … Qualified Immunity 22 Defendants also assert that the Court should grant summary judgment on the basis of 23 qualified immunity.

(SS) Burke v. Commissisoner of Social Security

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

On this record, the court cannot say 18 that it is clearly established by the medical evidence that plaintiff lacked a medically severe 19 mental impairment. See Ortiz v. Commissioner of Social Sec., 425 Fed. … Or. 2014) (“On review, the court 25 must determine whether the ALJ had substantial evidence to find that the medical evidence 26 clearly established that Ms.

Aerojet Rocketdyne, Inc. v. Global Aerospace, Inc.

District Court, E.D. California · Sep 24, 2019

“[R]eview under the ‘clearly erroneous’ standard is 19 significantly deferential . . . .” Id. at 623. 20 III. … Robb’s role as the point person for 10 communications with Orbital . . . was of no significance are clearly erroneous as well.”

(PS) Sanders v. Sacramento Sheriff's Department

District Court, E.D. California · Oct 24, 2022

. § 28 636(b)(1). 1 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 2 immune from such relief.” 28 U.S.C. § 1915 … In order for deliberate indifference to be established, there must first be a purposeful act or 3 failure to act on the part of the defendant and resulting harm.

K.M. v. Tehachapi Unified School District

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

A party may qualify as 9 “prevailing” under the ADA where (1) a settlement agreement and the court’s order dismissing the case 10 based upon that agreement provides that the court will retain jurisdiction to enforce the … Schnee or the substitute provider to establish a 17 cap, provided Ms. Schnee/the alternate provider agrees that the work can be completed within 18 this amount; 19 d.

Lovejoy Harris v. Nissan North America, Inc.

District Court, E.D. California · Feb 16, 2023

Any Documents, Testimony or Information to be designated as 10 “Confidential” must be clearly so designated, with the word “Confidential”, “Subject 11 to Protective Order” or have a substantially similar notice … and all existing designations on the 7 Documents, Testimony or Information at issue in such Motion shall remain in place. 8 The Designating Party shall have the burden on any Designation Motion of 9 establishing

Ashli Healthcare, Inc. v. Kennedy

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

defendant’s 13 decision is “arbitrary, capricious, an abuse of discretion, or 14 otherwise not in accordance with law;” “contrary to 15 constitutional right, power, privilege, or immunity … Massachusetts, 884 F.2d 19, 24 (1st Cir. 1989) (procedural due 11 process does not establish that a plaintiff is “entitled to 12 ‘perfect’ process”).

(PC) Lewis v. Alison

District Court, E.D. California · Jun 30, 2021

complaint or portion thereof if the prisoner has raised claims that are legally 6 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 7 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 11 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 12 490 U.S. at 327.

(PC) Wilkins v. Gipson

District Court, E.D. California · Aug 22, 2019

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 plaintiff, as the moving party, bears the burden of 28 establishing the merits of his or her claims. See Winter v. Nat. Res. Def.

Jackson v. Barrett

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

frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or 27 that “seek[] monetary relief against a defendant who is immune … To establish liability under section 1983, a 7 plaintiff must sufficiently plead that the defendant is engaged in state action.

Valdivia v. Brown

956 F. Supp. 2d 1125 · District Court, E.D. California · Jul 3, 2013

Realignment has established a fundamentally different parole system than the one that the Valdivia plaintiffs challenged. … None of this is to say that the constitutionality of the new parole system is immune from challenge.

Hillman v. PacifiCorp

District Court, E.D. California · Feb 28, 2022

“The party 15 invoking the removal statute bears the burden of establishing federal jurisdiction.” 16 Ethridge v. … “The party 27 invoking the removal statute bears the burden of establishing federal jurisdiction.” 28 Ethridge, 861 F.2d at 1393 (internal citations omitted).

Lewis v. Moralez

District Court, E.D. California · Jul 26, 2022

Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the 8 jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The amended complaint should be clearly and boldly 26 titled “First Amended Complaint,” refer to the appropriate case number, and be an original

(PC) Uhuru v. Rao

District Court, E.D. California · Jan 11, 2021

Pleading Standard 10 Section 1983 “provides a cause of action for the deprivation of any rights, privileges, or 11 immunities secured by the Constitution and laws of … 28 established.”); Keenan v.

(PC) Holguin v. Madera County Jail Captain 2015

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

or portion thereof if the prisoner has raised claims that are legally 28 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 1 monetary relief from a defendant who is immune … However, an inmate alleging denial of access to the 2 court cannot establish a claim simply by establishing the law library or legal assistance is subpar 3 in a theoretical sense. Lewis, 518 U.S. at 351.