Case law
Opinions from 1658 to today.
6,306 results
1.29s
District Court, E.D. California · Jul 28, 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 timesUnknownHome Builders Ass'n v. United States Fish & Wildlife Service
268 F. Supp. 2d 1197 · District Court, E.D. California · May 9, 2003
Instead of utilizing the clearly established administrative procedures for amending or revising a rule, the Service, finding itself in a litigation posture, has conceded that the rule was not promulgated in compliance with … In this case, in the Final Rule establishing the critical habitat for the Alameda whips-nake, the Service designates all the critical habitat lands as occupied by the snake. 2 .
Abrogated in part, on other grounds by Home Builders Ass'n v. United States Fish & Wildlife Service, 616 F.3d 983 (2010)Cited 13 timesPublishedDistrict Court, E.D. California · Feb 20, 2024
displays the genitalia, pubic area, or anus of either gender (including those waring clothing that by design or by manner in 17 which it is worn, allows the anatomical detail of genitalia to be clearly … displays the genitalia, pubic area, or anus of either gender (including those waring clothing that by design or by manner in 26 which it is worn, allows the anatomical detail of genitalia to be clearly
Cited 0 timesUnknown638 F. Supp. 2d 1180 · District Court, E.D. California · Jun 23, 2009
This is contrary to established California law. VirtualMagic Asia, Inc., 99 Cal.App.4th 228, 245 , 121 Cal.Rptr .2d 1. … The 1998 Agreement clearly makes a distinction between the “Clean Air Products, Inc.” and “Darrin Simmons,” who did not personally guarantee the asset purchase.
Cited 11 timesPublishedSan Luis & Delta-Mendota Water Authority v. Salazar
760 F. Supp. 2d 855 · District Court, E.D. California · Dec 14, 2010
It was not clearly erroneous for FWS to rely upon Feyrer’s 2008 research paper. b. FWS’ Reliance on the Feyrer Papers. … See BiOp 373-375, (explaining that the Effects section “clearly indicates there will be significant adverse impacts on X2”).
Cited 13 timesPublishedDistrict Court, E.D. California · Jul 1, 2021
The court may, therefore, dismiss a claim as frivolous where it is based on an 11 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 12 490 U.S. at 327. … A 26 showing of merely negligent medical care is not enough to establish a constitutional violation. 27 Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.
Cited 0 timesUnknown(SS) Milan v. Commissioner of Social Security
District Court, E.D. California · Aug 15, 2025
A 15 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 16 proof from step one through step four. 17 Before making the step four … Bonilla’s moderate limitations but failed to clearly specify which he found to be 18 related to “applying information” or “in concentration, persistence, and pace.” (AR 35.)
Cited 0 timesUnknownDistrict Court, E.D. California · May 28, 2021
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 7 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … But the facts presented do not 7 establish that anything Dr.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 8, 2023
Plaintiff argues that 7 defendant’s response is insufficient because it is a qualified response and because it fails to state 8 whether any responsive materials are being withheld on the basis of an objection. … Further, defendant’s counsel clearly did 11 not read plaintiff’s statement (ECF No. 70) prior to submitting a written opposition.
Cited 0 timesUnknownDistrict Court, E.D. California · May 7, 2021
a). 26 The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious, 27 fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … Plaintiff states that he “screamed for the officer . . . to open 19 the door” and that Almanza could “clearly see[ ]” that his hand was stuck, but the officer simply 20 “laugh[ed] at [him] . . . and turned away.”
Cited 0 timesUnknown(PC) Miller v. Commissioner of the State of California Department of Corrections
District Court, E.D. California · Jun 9, 2021
As a basic 2 matter, the complaint does not clearly state what happened, when it happened or who was 3 involved. … by a . . . policymaker possessed 27 with final authority to establish that policy.”
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 24, 2026
If 28 1 Defendants cannot obtain documents from Plaintiff’s institution(s) of confinement, 2 Defendants shall clearly respond that … The “common law governmental privilege (encompassing and referred to sometimes as the official 21 or state secret privilege) . . . is only a qualified
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 26, 2026
The “common law governmental privilege (encompassing and referred to sometimes as the official 21 or state secret privilege) . . . is only a qualified … particular portions of any pleading, affidavit, deposition, interrogatory 22 answer, admission, or other document relied upon to establish
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 5, 2021
s complaint, or any portion thereof, is subject to dismissal if it is frivolous 2 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 3 relief from a defendant who is immune … Plaintiff was 10 informed that in any amended complaint he must clearly state what happened, when it happened 11 or who was involved.
Cited 0 timesUnknownJanovich v. Wells Fargo Bank, N.A.
District Court, E.D. California · Oct 5, 2023
of confidential information disclosed in a non-paper medium 10 (e.g., videotape, audiotape, computer disks, etc.), the notation CONFIDENTIAL 11 shall be affixed to the outside of the medium or its container so as to clearly … The designating party bears the burden of establishing that the 10 documents designated are entitled to protection. 11 5.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 7, 2023
The court may, therefore, dismiss a claim as frivolous where it is based on an 7 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 8 490 U.S. at 327. … Is the . . . right at issue clearly delineated and plainly applicable under the circumstances of 14 the case?
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 29, 2020
complaint or portion thereof if the inmate has raised claims that are legally 5 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 6 monetary relief from a defendant who is immune … The Court determined that Plaintiff’s “claim is not cognizable on habeas 24 review; he does not challenge the fact or duration of his custody, he has not alleged a violation of clearly established federal law, and he
Cited 0 timesUnknown(SS) Aninion v. Commissioner of Social Security
District Court, E.D. California · Apr 21, 2025
Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 14 To qualify for benefits under the Social Security Act, a plaintiff must establish that 15 … Fadeff “clearly referenced objective findings as 12 13 support including lung scarring demonstrated by CT imaging.”
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 15, 2021
a plaintiff must show that (1) [he] is a qualified 15 individual with a disability; (2) [he] was excluded from participation in or otherwise 16 discriminated against with regard to a public entity’s services … E.g., Farmer, 511 U.S. 19 at 847; Hearns, 413 F.3d at 1040. 20 To establish a violation of this duty, the prisoner must establish that prison officials were 21 “deliberately
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 18, 2025
The Court will grant a motion in limine, and 2 thereby bar use of the evidence in question, only if the moving party establishes that the evidence 3 clearly is not admissible for any valid purpose. Id. … The objections shall clearly specify the requested modifications, corrections, additions or 26 deletions.
Cited 0 timesUnknown
Ask Donna