Case law

(PC) Green v. Link

District Court, E.D. California · Aug 27, 2019

or portion thereof if the prisoner has raised claims that are legally 9 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 10 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 14 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 15 490 U.S. at 327.

(PC) Eddington v. Jackson

District Court, E.D. California · Jul 13, 2023

any cognizable claims and 8 dismiss the complaint, or any portion, if is frivolous or malicious, if it fails to state a claim upon 9 which relief may be granted, or if it seeks monetary relief from a defendant who is immune … New York Dep’t of Social Services, 436 U.S. 685, 690 n. 55 (1978). 28 However, an official capacity claim cannot proceed unless a complaint alleges facts to establish 1 that the official acted pursuant to a policy or

(PC) Bernal v. Beard

District Court, E.D. California · Apr 2, 2021

the existence of a factual dispute, the opposing party need not 21 establish a material issue of fact conclusively in its favor. … Weeks also argues in 28 his reply that he is entitled to qualified immunity and that plaintiff has not refuted that showing. 1 ECF No. 62 at 1, 3-4.

(PC) Spencer v. Valdez

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

Price, 531 F.3d 1146, 1153 (9th Cir. 4 2008). 5 In seeking revocation of Plaintiff’s in forma pauperis status, Defendants bear the burden 6 of establishing … Hogan, 738 F.3d 1106 (9th Cir. 2013),5 and Harris v. 2 Mangum, 863 F.3d 1133 (9th Cir. 2017),6 clearly refute the findings of the Beard Court.

Woolard v. Thurmond

District Court, E.D. California · Jun 10, 2024

Upon review of 15 Visions and Blue Ridge’s charter school petitions, however, the 16 two schools are clearly public charter schools under 17 California’s public school system. … Whether personalized or pre-qualified, Visions requires 16 all curriculum in the Home School Academy be nonsectarian.

(HC) Iturralde v. Atchley

District Court, E.D. California · Jul 5, 2023

Further, where courts of appeals have diverged in their treatment of an issue, there is no 10 “clearly established federal law” governing that issue. See Carey v. … This determination was not an unreasonable application of clearly 20 established Supreme Court precedent. See Stogner v. California, 539 U.S. 607, 632 (2003); 21 Renderos v.

(PC) Coleman v. California Department of Corrections and Rehabilitation

District Court, E.D. California · Jul 29, 2020

Mangum, 863 F.3d 1133, 1142-43 (9th Cir. 2017). 20 The complaint admits, and inspection of other cases filed by plaintiff in this court 21 confirms, that at least three cases brought by plaintiff qualify as strikes … Injunction 27 A temporary restraining order is an extraordinary measure of relief that a federal court 28 may impose without notice to the adverse party if, in an affidavit or verified complaint, the 1 movant “clearly

(SS) Trujillo v. Commissioner of Social Security

District Court, E.D. California · Aug 14, 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 … hernia, 20 21 costochondritis, and generalized OA; 3) that the ALJ found the record supported additional 22 limitations; and, 4) The ALJ was not qualified

Vallejo Police Officers' Assoc. v. City of Vallejo

District Court, E.D. California · Sep 29, 2023

Dills Act, and qualified immunity, among others, that were in place to protect the 20 rights of VPOA members, including [plaintiff] Nichelini. 21 (Id. at 19) (citing Doc. … Therefore, plaintiffs should 25 clearly outline this information in any third amended complaint they elect to file.

(SS) Madrid v. Commissioner of Social Security

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

However, the records 27 clearly demonstrated that plaintiff’s claim extended through 2017, and the bulk of the medical records were from the period between 2015 and 2017. … specialized evidence is required, 28 or there is a change in the claimant’s condition and the current severity of the claimant’s 2 LDV AITO LING INIT IN RATIO ON PO ee OY VI 1 | impairment has not been established

(PC) Walker v. Arnold

District Court, E.D. California · Jul 13, 2022

complaint or portion thereof if the prisoner has raised claims that are 26 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 27 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 4 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

Rubio

District Court, E.D. California · Aug 4, 2026

This means that the applicant is qualified “to apply 12 formally for an immigrant visa.” Id. … “The 25 agency action must be pursuant to a legal obligation ‘so clearly set forth that it could traditionally 26 have been enforced through a writ of mandamus.’”

California Ins. Co. v. Lara

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

Garden State Bar Ass’n, 457 U.S. 423, 432 (1982)). 20 Finally, the court must evaluate whether the established 21 exceptions to Younger for “bad faith, harassment, or any other 22 unusual … The inquiry for the court is whether “state law 27 clearly bars the interposition of the constitutional claims.” 28 Lebbos v.

Leonard v. FedEx Freight, Inc.

District Court, E.D. California · Sep 30, 2019

Cal. 1992). 14 A motion for judgment on the pleadings should only be granted if “the moving 15 party clearly establishes on the face of the pleadings that no material issue of fact 16 remains to be resolved … Under these authorities, broad union- 8 || retaliation claims such as those alleged here cannot qualify as “local interests” without 9 | the exception swallowing the rule. See Idaho Bldg. & Constr.

Chen Fang v. CMB Export Infrastructure Investment Group 48 LP

District Court, E.D. California · Mar 31, 2025

Plaintiffs’ investment 4 qualified them for a visa via the EB-5 Immigrant Investor Program. … While the contractual duties identified in Paragraph 27 108 of the FAC are clearly connected to Article VI, Section G of the LPA, the 28 contractual duties alleged in Paragraph 107 do not clearly reference any particular

(PC) Martinez v. Secretary of California Department of Corrections and Rehabilitation

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

PLAINTIFF'S PRIOR STRIKES 10 A review of court records reveals that at least three cases brought by Plaintiff qualify as 11 strikes under Section 1915(g). … The dispositive order in 24 this case clearly indicates that Plaintiff’s application to proceed in forma pauperis was also denied because Plaintiff’s complaint failed to state a claim upon which relief could be granted

(PS) Wu v. Twin Rivers United Educators

District Court, E.D. California · Oct 29, 2024

In reviewing a complaint under this standard, the court will 1 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly 2 baseless or fanciful, (2) construe those allegations … Moreover, by 22 relying on a conspiracy theory to establish § 1983 liability, plaintiff emphasizes the inextricable 23 intertwining of her claims against defendants with her grievances against the District.

Ryan v. Professional Disc Golf Assoc.

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

Ryan would qualify to compete in the 19 OTB Open this Friday. … issue without notice to the adverse party if, in an affidavit or verified complaint, the movant 13 “clearly

Walker v. Higher Education Loan Authority of the State of Missouri

District Court, E.D. California · Nov 7, 2023

Clearly, Plaintiff was aware of each of these facts prior to September 18, 2023. … in line with Defendant’s 5 argument, the fact that Defendant’s litigation position did not change after the supplemental 6 production, and instead remains the same as it has been throughout the litigation, does not qualify

(PC) Thompson v. Gomez

District Court, E.D. California · Feb 8, 2021

“It is well established that 28 a failure to object to discovery requests within the time required constitutes a waiver of any 1 objection.” Richmark Corp. v. … Plaintiff’s objection is meritless as 14 this request is clearly relevant to his excessive force claim, and Plaintiff waived any objection by his 15 initial failure to timely respond. (ECF No. 70.)