Case law

(SS)(PS) Rodriguez v. Commissioner of Social Security

District Court, E.D. California · Mar 9, 2021

. §§ 404.1520 (a)-(f) and 416.920(a)-(f). 8 9 To qualify for benefits, the claimant must establish the inability to engage in 10 … Clearly, the record before the 1 ALJ contained references to Plaintiff’s Bipolar disorder diagnosis.

(PC) Muhammad v. Orr

District Court, E.D. California · Sep 1, 2020

The court may, therefore, dismiss a claim as frivolous where it is based on an 1 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 2 490 U.S. at 327. … A 1 showing of merely negligent medical care is not enough to establish a constitutional violation. 2 Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.

(PC) Cedillos v. Youngblood

District Court, E.D. California · Jun 21, 2021

As a basic 11 matter, the complaint does not clearly state what happened, when it happened or who was 12 involved. … a . . . policymaker possessed 9 with final authority to establish that policy.”

(PC) Harris v. Burnes

District Court, E.D. California · Oct 18, 2021

California’s 8 Government Claims Act2 establishes certain conditions precedent to the filing of a lawsuit against 9 a public entity. State v. … There is no 12 constitutionally guaranteed immunity from being falsely or wrongly accused of conduct which 13 may result in the deprivation of a protected liberty interest. Sprouse v.

(PC) Hisle v. Conanon

District Court, E.D. California · Jun 16, 2021

Wachtel is qualified to testify as to whether Dr. … Peck was not wholly qualified to opine 4 that Plaintiff was hematocrit stable. Plaintiff also argues that, “All Dr.

Chicken 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

Clinton 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.

(PC) Nedd v. Landon

District Court, E.D. California · Mar 20, 2024

by a . . . policymaker possessed with final authority to 13 establish that policy.”). … Lewis at 355 (emphasis omitted). 6 A habeas petition that challenges a state court conviction is a qualifying case for purposes 7 of satisfying the third requirement of Lewis, supra.

(PC) Sharpe v. Sherman

District Court, E.D. California · Sep 9, 2024

(ECF No. 181). 23 24 1 Nules raises other arguments too, including that she is entitled to qualified immunity. … purposes of the motion only), admissions, 9 interrogatory answers, or other materials, or showing that the materials cited do 10 not establish

Kevin Massengale v. Kern County Sheriff Detentional Facility

District Court, E.D. California · Jan 12, 2026

15 The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious, 16 fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant 17 who is immune … a ... policymaker possessed 25 with final authority to establish that policy.”

(PC) McCoy v. Sac County Jail

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

portion thereof if the 14 prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon 15 which relief may be granted, or that seek monetary relief from a defendant who is immune … Mere 10 negligence on the part of the prison official is not sufficient to establish liability.

(PC) Linarez-Rodriguez v. Honea

District Court, E.D. California · Feb 2, 2024

The court may, therefore, dismiss a claim as frivolous where it is based on an 5 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 6 490 U.S. at 327. … Therefore, negligence, medical 24 malpractice or misdiagnosis does not establish a constitutional violation. See Estelle v.

Saul v. Lineage Logistics Services LLC

District Court, E.D. California · Feb 27, 2025

The high court reasoned that even though the 8 plaintiff was employed within the airline industry, which undoubtedly would include 9 transportation workers, she still needed to show that her specific duties qualified … Id. at *3 (“By clearly distinguishing 7 between the violation (no breaks) and the remedy (extra compensation), Naranjo did 8 not recharacterize a claim for meal-and-rest-break violations as an action to collect 9 unpaid

(PC) Williams v. Zaragoza

District Court, E.D. California · Jan 31, 2023

or portion thereof if the prisoner has raised claims that are legally 14 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 15 monetary relief from a defendant who is immune … “Retaliation against prisoners for their exercise of this right 27 is itself a constitutional violation, and prohibited as a matter of ‘clearly established law’.” 28 ////

Chavez v. Pulley

623 F. Supp. 672 · District Court, E.D. California · Dec 10, 1985

The court warned that the privilege could not be lost unless “it is clearly necessary to assure the orderly conduct of the trial.” Ives, 504 F.2d at 941-42 . … Chavez is guilty,” were immediately preceded and followed by qualifiers, and counsel emphasized that the district attorney had not sustained his burden of proof.

Garcia v. Sanofi Pasteur Inc.

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

Tex. 2004) (“[T]he Vaccine Act clearly bars claims based 19 on a manufacturer’s failure to provide warnings to the public or to consumers.”). … See Bruesewitz, 562 U.S. at 229 & 21 n.25 (referencing both 300aa-22(b)(2) and 300aa-22(c) before stating “The immunity does not apply if the plaintiff establishes 22 by clear and convincing

William H. Brandstatt v. Clark, et al.

District Court, E.D. California · Nov 20, 2025

complaint, or any portion thereof, is subject to dismissal if it is frivolous 9 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 10 relief from a defendant who is immune … Id.; see also 18 Twombly, 550 U.S. at 556–57. 19 Plaintiff’s FAC clearly violates Federal Rules of Civil Procedure 8(a)(2) and (d)(1).

Botonis v. Bimbo Bakeries USA, Inc.

District Court, E.D. California · Sep 27, 2024

In re Immune Response Sec. Litig., 497 F. Supp. 27 2d 1166, 1177 (E.D. … See In re Immune 4 Response Securities Litigation, 497 F. Supp. 2d at 1177–78.

(PC) Casey v. Covello

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

The court may dismiss a claim as frivolous if it is based on an indisputably meritless 9 legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … The existence of a prison grievance procedure establishes a procedural right only and 25 “does not confer any substantive right upon the inmates.” Buckley v.

(PC) Nieto v. Lynch

District Court, E.D. California · Oct 17, 2023

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.