Case law
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District Court, E.D. California · Jun 15, 2021
The Court must dismiss a complaint or portion thereof if it: (1) is frivolous or 22 malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief 23 from a defendant who is immune … Iqbal, 556 U.S. 662, 676 (2009). 16 Plaintiff does not clearly or satisfactorily allege that Lightfiled participated in, 17 directed, or otherwise adequately knew of the allegedly unconstitutional actions of
Cited 0 timesUnknown(PC) Harding v. Sacramento County Sheriff Dept
District Court, E.D. California · Aug 9, 2021
The court may, therefore, dismiss a claim as frivolous where 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. … To prevail on a substantive due 3 process claim, plaintiff must establish that the restrictions imposed by his confinement constituted 4 punishment as opposed to being incident to legitimate governmental purposes.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 24, 2026
Respondents note that although Plaintiff later pleaded guilty to simple 19 battery, a plain reading of § 1226(c)(E)(ii) only requires Petitioner to be arrested or charged with 20 a qualifying offense. … Any burden imposed by requiring Respondents to comply 21 with constitutionally required process is both de minimis and clearly outweighed by the 22 substantial harm Petitioner will suffer if he continues to be detained
Cited 0 timesUnknownCommodity Futures Trading Commission v. Nawabi
District Court, E.D. California · Oct 5, 2022
Compl. ¶ 7. 1 But the CFTC’s failure thus far to establish the required records doctrine’s applicability 2 does not foreclose the argument. … However, as the CFTC notes, 23 there were at least two entities involved here, Hyperion Inc. and Nawabi Enterprise, and the 24 CFTC does not argue Nawabi Enterprise qualifies as a “collective entity.”
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 25, 2021
complaint, or any portion thereof, is subject to dismissal if it is frivolous 15 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 16 relief from a defendant who is immune … As to the subjective prong of the 12 Eighth Amendment analysis, prisoners must establish prison officials’ “deliberate indifference” to 13 the unconstitutional conditions of confinement to establish an Eighth Amendment
Cited 0 timesUnknownSouth Yuba River Citizens League v. National Marine Fisheries Service
804 F. Supp. 2d 1045 · District Court, E.D. California · Jul 26, 2011
The ITS functions to immunize the Corps for otherwise-prohibited take of listed species. In this case the Corps already determined that the project was likely to affect the three listed species. … Put another way, “logic clearly dictates that the needs of the many outweigh the needs of the ... one.” Star Trek II; The Wrath of Khan (Paramount Pictures 1982).
Cited 6 timesPublishedDistrict Court, E.D. California · May 25, 2022
The moving party bears the burden of establishing that there is no genuine issue of 8 material fact. See Celotex, 477 U.S. at 322-23. … The one significant qualifier is that “the remedies must indeed be ‘available’ to the 22 prisoner.” Id. at 639.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 17, 2025
To qualify for § 1225(b)(2), a noncitizen must (1) be an applicant for admission, (2) be “seeking admission”, 15 and (3) be “not clearly and beyond a doubt entitled to be admitted.” … The Petitioner has 6 established irreparable harm. 7 3.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 21, 2023
The FAC does not present facts showing 27 that plaintiff was qualified for the position or supporting an inference that the decision was race- based. … The 12 court’s previous order granting leave to amend had clearly identified the requirements for 13 pleading facially adequate Title VII claims. ECF No. 17.
Cited 0 timesUnknownBarbosa v. Cargill Meat Solutions Corp.
297 F.R.D. 431 · District Court, E.D. California · Jul 2, 2013
Generally, “unless the settlement is clearly inadequate, its acceptance and approval are preferable to lengthy and expensive litigation with uncertain results.” Nat’l Rural Telecomms. Coop. v. … Litig., 396 F.3d 294, 306 (3d Cir.2005) (“The lodestar crosscheck calculation need entail neither mathematical precision nor bean-counting.”); In re Immune Response Sec.
Cited 86 timesPublishedDistrict Court, E.D. California · May 12, 2025
He contends “Defendants, acting in conspiracy and/or in 4 concert, with threat, intimidation, and/or coercion” violates his rights under the statute “and 5 interfered with the exercise or the enjoyment of clearly established … “Claims under section 52.1 may be brought 26 against public officials who are alleged to interfere with protected rights, and qualified immunity 27 is not available for those claims.” Id. at 1040-41.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 14, 2020
Even gross negligence is insufficient to establish deliberate 19 indifference to serious medical needs. See Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 20 1990). … The amended complaint should be clearly titled, in 24 bold font, “Second Amended Complaint,” reference the appropriate case number, and be an original 25 signed under penalty of perjury.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 23, 2021
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.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 29, 2020
To establish a claim of deliberate indifference arising from a delay in providing care, a 7 plaintiff must show that the delay was harmful. See Berry v. … The amended complaint should be clearly titled, in 24 bold font, “First Amended Complaint,” reference the appropriate case number, and be an original 25 signed under penalty of perjury.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 19, 2020
However, Plaintiffs fail to establish Defendants’ listings 28 qualify as conduct “so ‘continuous and systematic’ as to render them essentially at home in the 1 forum State” because Plaintiffs fail to offer any legal arguments … “If the question is whether 13 an individual’s contract with an out-of-state party alone can automatically establish sufficient 14 minimum contacts in the other party’s home forum, we believe the answer clearly is that
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 18, 2021
21 establish a material issue of fact conclusively in its favor. … Kuersten was deliberately indifferent to plaintiff’s 25 serious medical needs in connection with his need for surgery for his thumb injury. 26 Qualified Immunity 27
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 16, 2020
or portion thereof if the prisoner has raised claims that are legally 23 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 24 monetary relief from a defendant who is immune … In order to frame a claim of a denial of the right to access the courts, a prisoner must 10 establish that he has suffered “actual injury,” a jurisdictional requirement derived from the 11 standing doctrine.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 3, 2021
immunity based on the 25 lack of clearly established law on this issue. … “In order to establish municipal liability, a plaintiff must show that a ‘policy or 28 custom’ led to the plaintiff’s injury.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 3, 2021
immunity based on the 25 lack of clearly established law on this issue. … “In order to establish municipal liability, a plaintiff must show that a ‘policy or 4 custom’ led to the plaintiff’s injury.
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 14, 2020
or portion thereof if the prisoner has raised claims that are 18 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 19 that seek monetary relief from a defendant who is immune … The amended complaint should be clearly and boldly 6 titled “First Amended Complaint,” refer to the appropriate case number, and be an original 7 signed under penalty of perjury.
Cited 0 timesUnknown
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