Case law
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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.
Cited 0 timesUnknownDistrict 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.
Cited 0 timesUnknown271 F.R.D. 148 · District Court, E.D. California · Jul 9, 2010
The defendant makes only a conclusory statement that these records are “clearly material.” … Production of witnesses’ proffer agreements and/or immunity letters is not yet complete. (2) Defendant seeks this as Giglio information. It need not be disclosed until witness testifies.
Cited 4 timesPublished(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.
Cited 0 timesUnknownBee Sweet Citrus Growers Cooperative, Inc. v. Villa Produce, Inc., et al.
District Court, E.D. California · Apr 24, 2026
individual defendant’s “active involvement” in the operation of the business, and where the 3 individual defendant admitted that the purchasing entity “failed to maintain sufficient trust assets 4 to fully satisfy all qualified … The declarations Bee Sweet provides in 6 connection with its ex parte application do not clearly identify a breach of fiduciary duty by 7 Villarreal.
Cited 0 timesUnknownDistrict 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.
Cited 0 timesUnknownCivil Rights Dept. v. Grimmway Enterprises, Inc.
District Court, E.D. California · Feb 26, 2025
Defendant argues “it is well-established 24 that before the CRD may file [a] civil lawsuit, it must require all parties to participate in 25 mandatory dispute resolution as to the allegations in the administrative complaint … Furthermore, defendant has made no 20 argument or showing that it has a substantial need or faces undue hardship sufficient to overcome 21 the qualified protection. Id. at *5.
Cited 0 timesUnknown680 F. Supp. 2d 1177 · District Court, E.D. California · Dec 30, 2009
May’s examination of John Crawford on the subject of Tatum’s fraudulent activities was not particularly probing, but this was because John Crawford was not privy to information sufficient to clearly establish the nature of … Co-counsel’s subjective opinions are not relevant, as he was not offered or qualified as a standard of care expert. 5 .
Cited 3 timesPublishedClinton v. California Department of Corrections
264 F.R.D. 635 · District Court, E.D. California · Jan 15, 2010
OBJECTION OF COURTS FINDINGS AND RECOMMENDATIONS; PLAINTIFF QUALIFIES FOR AN EXCEPTION TO THE PLRA. … In response to the motion to compel, the court held Plaintiff failed to meet his burden of establishing Defendants are in possession, custody or control of what he was requesting.
Cited 0 timesPublishedDistrict Court, E.D. California · Apr 11, 2025
Defendants do not deny that photos were 11 taken, as they are clearly identified in the incident report. … Plaintiff has not proffered a 5 foundation to establish that the drawing of Plaintiff’s cell lacks fairly and accurately depicts 6 Plaintiff’s cell at the time of the subject incident.
Cited 0 timesUnknownDistrict Court, E.D. California · May 5, 2026
complaint, or any portion thereof, is subject to dismissal if it is frivolous 25 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 26 relief from a defendant who is immune … “The requisite causal connection may be established when an 5 official sets in motion a ‘series of acts by others which the actor knows or reasonably should 6 know would cause others to inflict’ constitutional harms.”
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 1, 2022
Accordingly, Plaintiff cannot raise a number of new allegations of retaliation. 8 Because the Court finds Defendant’s motion for summary judgment should be grant on the merits, it need not 28 | reach the issue of qualified … immunity.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 16, 2026
s complaint, or any portion thereof, is subject to dismissal if it is frivolous 6 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 7 relief from a defendant who is immune … The AVSS footage clearly 2 shows at least forty (40) inmates not getting down during the alarm, yet Defendant Madruga 3 chose to issue Rules Violation Reports to only fifteen (15) inmates, which constitutes a due 4
Cited 0 timesUnknownChicken Ranch Rancheria of Me-Wuk Indians v. State of California
District Court, E.D. California · May 27, 2021
This circumstance qualifies as one where 21 there are serious questions that lead to the State Defendants having a fair chance of success on the 22 merits in their appeal. … Clearly, if the Ninth Circuit were to find in the State Defendants’ favor, any decision 6 would certainly issue well after the institution of secretarial procedures, thus depriving the State 7 Defendants of any effective
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 19, 2023
may dismiss a case “at any 6 time” if the Court determines, inter alia, the action is frivolous or malicious, fails to state claim 7 on which relief can be granted, or seeks monetary relief against a defendant who is immune … As set forth in more detail below, the FAC consists of a disjointed 11 narrative but does not clearly allege facts demonstrating a violation of any of Plaintiff’s federal 12 rights.
Cited 0 timesUnknownDistrict Court, E.D. California · May 18, 2020
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 … To establish a violation of this duty, the prisoner must establish that prison officials 16 were deliberately indifferent to a serious threat to the inmate's safety.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 3, 2020
complaint or portion thereof if the prisoner has raised claims that are legally 1 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 2 monetary relief from a defendant who is immune … In order to state a cause of 5 action for deprivation of due process, a plaintiff must first establish the existence of a liberty 6 interest for which the protection is sought.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 17, 2021
The state court's decision was not contrary to, or an 21 unreasonable application of, clearly established Supreme Court authority. … Newland, 395 F.3d 1077, 1080 (9th Cir. 2005) (Faretta 16 rule clearly established by United States Supreme Court for purposes of 28 U.S.C. section 17 2254(d)).
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 1, 2020
a). 4 The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious, 5 fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant 6 who is immune … comprehensive scheme for enforcement by an administrative agency, the courts ordinarily 21 conclude that the Legislature intended the administrative remedy to be exclusive unless the 22 statutory language or legislative history clearly
Cited 0 timesUnknownDistrict Court, E.D. California · May 8, 2025
Farmer, 511 19 U.S. at 837. 20 It is well established that “a mere difference of medical opinion . . . … [is] insufficient, as a 21 matter of law, to establish deliberate indifference.” Toguchi v. Chung, 391 F.3d 1051, 1058 (9th 22 Cir. 2004) (alterations in original) (citation omitted).
Cited 0 timesUnknown
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