Case law

Carlin v. DairyAmerica, Inc.

380 F. Supp. 3d 998 · District Court, E.D. California · May 8, 2019

Upon final approval, the settlement funds (and interest) will be distributed from an already-established escrow account. Id. at ¶ 8.7. … In re Immune Response Sec. Litig. , 497 F.Supp.2d 1166 , 1177 (S.D. Cal. 2007) (citing In re Media Vision Tech. Sec. Litig. , 913 F.Supp. 1362 , 1366 (N.D.

(PC)Witkin v. Snelling

District Court, E.D. California · Feb 17, 2022

or portion thereof if the prisoner has raised claims that are legally 10 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 11 monetary relief from a defendant who is immune … Amendment 10 claim is not readily amenable to screening and does not appear to state a claim. 11 First, each of the alleged acts of retaliation should be pleaded as a separate claim, as each 12 is intended to establish

Jackson v. Fastenal Company

District Court, E.D. California · May 18, 2023

Yet, even despite the Court’s statement and 16 clearly established legal authorities that a motion for final approval is more carefully scrutinized 17 by the court than is the preliminary approval request, see, e.g., … In re Immune Response, 497 F. Supp. 2d at 17 1177. 18 Upon review of the expenses submitted, the Court finds them to be reasonable.

(PS) Jayaton-Kerry v. Cooper

District Court, E.D. California · Jan 19, 2024

The court finds none.3 In any event, 8 the gravamen of the complaint is clearly the bank’s taking of the property and the family’s 9 consequent removal from it. … Other Grounds for Motion 10 Because the matters addressed above require dismissal of all claims against the County 11 defendants, the undersigned does not address qualified immunity

(PC) Gray v. Clark

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

The 19 Court will bar use of the evidence in question only if the moving party establishes that the 20 evidence clearly is not admissible for any valid purpose. … The Ninth Circuit has suggested that 4 only statements that confirm the conviction qualifies as a Rule 609 felony are admissible.

San Joaquin Valley Insurance Authority v. Gallagher Benefit Services, Inc.

District Court, E.D. California · Feb 5, 2020

The Court finds that such a ruling here, as it did in Milliman, furthers important 18 policy objectives, namely, ensuring that actuaries are not effectively immune from liability under 19 the argument that any damage … (emphasis added). 20 Here, in contrast, SJVIA’s claims clearly include tort claims in addition to breach of 21 contract.

(PC) Chappa v. Shasta County Sheriff

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

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … If plaintiff had been convicted of a crime 2 and was serving a sentence, the claim is governed by the Eighth Amendment and plaintiff must 3 establish that the force was used maliciously or sadistically to cause harm.

Assembly of California v. United States Department of Commerce

797 F. Supp. 1554 · District Court, E.D. California · Feb 10, 1992

A document from a junior to a senior is likely to reflect his or her own subjective opinions and will clearly have no binding effect on the recipient. … Defendant also argues the documents at issue were created "pursuant to an established self-evaluation and improvement plan.” Ashley v. United States Department of Labor, 589 F.Supp. 901 (D.D.C.1983).

(PC) Alley v. Her

District Court, E.D. California · Oct 11, 2022

complaint or portion thereof if the prisoner has raised claims that are 8 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 9 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 13 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

(SS) Ashlock v. Commissioner of Social Security

District Court, E.D. California · Jun 27, 2022

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 … that it does not indicate whether he was the driver or passenger, and does 16 17 not indicate that the incident was anything more than a one time (clearly

(PC) Blake v. Allison

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

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.

(PS) Terry v. Register Tapes Unlimited, Inc.

District Court, E.D. California · Mar 3, 2020

; (2) could perform the essential duties of the job 28 with or without reasonable accommodations, i.e., she was a 1 ‘qualified individual’; and (3) was subjected to an adverse 2 employment … facts’ that ‘reasonable accommodation was 15 offered and refused,’ that ‘there simply was no vacant position 16 within the employer's organization for which the disabled 17 employee was qualified

(SS) Clark v. Commissioner of Social Security

District Court, E.D. California · Sep 15, 2023

However, it is 23 established law that an ALJ may not render their own medical opinion and is not empowered to 24 independently assess clinical findings. See, e.g., Tackett v. … For example, a notation that plaintiff had “more range of motion” in the neck, does 23 not clearly translate into the limitation of “occasional twisting” ascribed in the RFC.

Gullatt III v. Dirkse

District Court, E.D. California · Jul 22, 2020

“The requisite causal connection may be established when an 25 official sets in motion a ‘series of acts by others which the actor knows or reasonably should 26 know would cause others to inflict’ constitutional harms … The amended complaint should be clearly and 3 | boldly titled “First Amended Complaint,” refer to the appropriate case number, and be an original 4 || signed under penalty of perjury. 5 Alternatively, Plaintiff

(PC) Littleton v. Montiez

District Court, E.D. California · Aug 25, 2022

“[A] judge may dismiss . . . claims which are ‘based on 19 indisputably meritless legal theories’ or whose ‘factual contentions are clearly baseless.’” 20 Jackson v. … Without more, this allegation is 9 insufficient to establish action under color of law.

(PC) Smith v. Siskiyou County Jail

District Court, E.D. California · Mar 23, 2020

The court may, therefore, dismiss a claim as frivolous where it is based on an 10 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 11 490 U.S. at 327. … To establish a violation of this duty, the prisoner must establish that prison officials were 22 “deliberately indifferent to a serious threat to the inmate’s safety.” Farmer at 834.

(PC) Schanck v. Haggard

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

ECF No. 11. 1 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 2 monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 6 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

(PC) Armenta v. Phillips

District Court, E.D. California · Apr 8, 2020

Plaintiff clearly stated in February of 17 2017 at Classification that he feared for his life on all SNYs. 18 In March of 2017, Plaintiff was transferred to Lancaster State Prison on a General 19 Population … To 24 establish a violation of this duty, the prisoner must establish that prison officials were 25 deliberately indifferent to a serious threat to the inmate's safety.

(PS) Bryant v. Steinburg

District Court, E.D. California · Oct 4, 2022

plaintiff’s original complaint, the 1AC must be screened, and the court must 26 dismiss any claims that are “frivolous or malicious,” fail to state a claim on which relief may be 27 granted, seek monetary relief against an immune … Williams, 490 U.S. 319, 325 (1989). 24 A court may dismiss a claim as frivolous where it is based on an indisputably meritless legal 25 theory or where the factual contentions are clearly baseless.

(PC)Calloway v. Total Renal Care, Inc.

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