Case law

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  • (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.

    Cited 0 timesUnknown
  • Palla Farms, LLC v. Gemini Insurance Company

    District Court, E.D. California · Aug 12, 2024

    Co., 929 F.3d 11 1143, 1151 (9th Cir. 2019) (“The burden is on the insured to establish that the claim is within the 12 basic scope of coverage and on the insurer to establish that the claim is specifically excluded.” … Furthermore, exceptions to the 17 performance of basic underlying contract obligations must be clearly stated to inform the insured 18 of the effect of those exceptions. Gray v. Zurich Ins.

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  • (SS)Anderson

    District Court, E.D. California · Feb 19, 2026

    Astrue, 533 F.3d 16 1035, 1038 (9th Cir. 2008). 17 To qualify for benefits under the Social Security Act, a plaintiff must establish that he or 18 she is unable to engage … This is clearly demonstrated in the required elements set 3 forth above in listing 14.09. 4 On this point of psoriatic arthritis Plaintiff explains: 5

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  • (PC) Taylor v. Koubong

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

    complaint or portion thereof if the prisoner has raised claims that are legally 3 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 4 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 8 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 9 490 U.S. at 327.

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  • Pickup v. Brown

    42 F. Supp. 3d 1347 · District Court, E.D. California · Dec 4, 2012

    amicus Equality California, that SB 1172’s restrictions satisfy the intermediate test established in United States v. … Law Project, 561 U.S. 1 , 130 S.Ct. 2705 , 177 L.Ed.2d 355 (2010) for the proposition that the therapist plaintiffs cannot demon *1365 strate a likelihood of success on the merits because they “engaged in conduct that is 'clearly

    Cited 3 timesPublished
  • (PC) Ortiz v. Boudreax

    District Court, E.D. California · Mar 22, 2023

    The court may dismiss a claim as frivolous where it is based 15 on an indisputably meritless legal theory or where the factual contentions are clearly baseless. 16 Neitzke, 490 U.S. at 327. … Hence gross negligence, a 22 difference in medical opinion, malpractice, and misdiagnosis does not establish a constitutional 23 violation. Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990); Thompson v.

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  • (PC) Brown v. Allison

    District Court, E.D. California · May 30, 2025

    “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 4 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … A 25 showing of merely negligent medical care is not enough to establish a constitutional violation. 26 Frost v.

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  • (PC)Ira Pernell Callahan v. Unknown

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

    Twombly, 550 U.S. at 556–57. 22 Although Plaintiff's complaint is relatively short, it is not a plain statement of his claims. 23 As a basic matter, the complaint does not clearly … possessed 27 with final authority to establish that policy.”

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  • Del Puerto Water District v. U.S. Bureau of Reclamation

    271 F. Supp. 2d 1224 · District Court, E.D. California · May 13, 2003

    The facts regarding the development and construction'of the CVP are well-established and not substantially in dispute. … Del Puerto also cites 390uu to argue the United States has waived its sovereign immunity to suit: "[i]n this case, the sovereign as expressly agreed to be sued by section 221 of the Reclamation Reform Act.”

    Cited 22 timesPublished
  • (PC) Young v. Curry

    District Court, E.D. California · Dec 15, 2022

    “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 10 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … See Houston v. 27 Lack, 487 U.S. 266, 276 (1988) (establishing rule that a prisoner’s court document is deemed filed on the date the prisoner delivered the document to prison officials for mailing).

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  • (DP) (HC) Frye v. Calderon

    District Court, E.D. California · May 19, 2022

    Maddox, 366 F.3d 992, 999 1001 (9th Cir. 2004) (if “a state court makes evidentiary 15 findings without holding a hearing and giving petitioner an opportunity to present evidence, such 16 findings clearly result in a … The prosecution’s chief witness, testifying under a grant of immunity, provided 23 eyewitness testimony of petitioner’s killing a couple, robbing their home, and stealing their 24 vehicle to escape. People v.

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  • Dixon

    District Court, E.D. California · Nov 21, 2025

    Columbia, subjects, or causes to be subjected, any citizen of the 25 United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … To establish a prima facie case of disparate treatment 10 discrimination under Title VII, a plaintiff must show that he (1) is a member of a protected class; 11 (2) was qualified for and was performing his job satisfactorily

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  • (PC) Hayde v. Taber

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

    “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … To establish that a 17 difference of opinion rises to the level of deliberate indifference, plaintiff “must show that the 18 chosen course of treatment ‘was medically unacceptable under the circumstances,’ and was 19

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  • Cherrish Castaneda v. 6939 Fair Oaks Blvd TIC LLC

    District Court, E.D. California · Mar 16, 2026

    IFP statute requires federal courts to dismiss a case if the action is legally 19 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 20 monetary relief from a defendant who is immune … A plaintiff seeking a TRO must generally establish all four 5 of the following elements: (1) likely success on the merits of his underlying case; (2) he is likely 6 to suffer irreparable harm in the absence of preliminary

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  • 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.

    Cited 9 timesPublished
  • Hamilton v. Ayers

    458 F. Supp. 2d 1075 · District Court, E.D. California · Oct 30, 2006

    Garceau, 538 U.S. 202 , 123 S.Ct. 1398 , 155 L.Ed.2d 363 (2003), overturned Kelly V, holding that only an application for habeas relief which seeks adjudication on the merits of a petitioner’s claims qualifies a case as “ … No clearly established federal rule governs the consultation of the Bible during a capital sentencing jury deliberation. Robinson v.

    Reversed in part, on other grounds by Hamilton v. Ayers, 583 F.3d 1100 (2009)Cited 4 timesPublished
  • Modica v. Iron Mountain Information Mgt. Services

    District Court, E.D. California · Aug 19, 2020

    Rule 23(b) requires a plaintiff to establish one of the following: (1) that 3 there is a risk of substantial prejudice from separate actions; (2) that declaratory or injunctive relief 4 benefitting the class as a whole … The MSA will be deposited into a Qualified 6 Settlement Fund within 7 calendar days of the Effective Date and does not include Employer-side 7 Taxes, which will be separately paid by Defendant.

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  • Sheikh v. DaVita Inc.

    District Court, E.D. California · Aug 22, 2025

    sought to be filed under seal qualifies as confidential, privileged, or otherwise protectable – 13 constitute good cause. 14 4. … This provision 6 is not intended to modify whatever procedure may be established in an e-discovery order that 7 provides for production without prior privilege review.

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  • Thomas Dorsey v. County of Kern, et al.

    District Court, E.D. California · Jan 27, 2026

    s complaint, or any portion thereof, is subject to dismissal if it is frivolous 8 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 9 relief from a defendant who is immune … Plaintiff must clearly state factual support for what happened, when it happened, and 26 who was involved.

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  • (PC) Young v. Clark

    District Court, E.D. California · Dec 23, 2022

    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 … Oregon Dep't of Agriculture, 553 U.S. 591, 601-02 (2008). 26 Plaintiff has not alleged facts demonstrating that he is a member of a protected class, as 27 prisoners do not qualify as a protected class for

    Cited 0 timesUnknown

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