Case law

Bernal v. United States Postal Service

District Court, E.D. California · Jul 27, 2020

required to review the complaint, and 24 shall dismiss the complaint if it is “frivolous, malicious or fails to state a claim on which relief may be 25 granted; or . . . seeks monetary relief against a defendant who is immune … (Id. at 5, ¶ 22) Such actions may 11 qualify as adverse employment actions under Title VII.

Hughes v. Wal-Mart Associates, Inc.

District Court, E.D. California · Feb 5, 2024

(3) If such 23 information has been disclosed to persons not qualified pursuant to paragraphs 12-13 below, the 24 party who disclosed such information shall (a) take reasonable efforts to retrieve previously disclosed … This includes secure data storage systems, established security policies, 4 and security training for employees, contractors and experts.

(PC) Barnes v. T.V. Network

District 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

Newsom

District Court, E.D. California · Sep 15, 2025

or portion thereof if the prisoner has raised claims that are legally 26 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 27 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 4 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 5 490 U.S. at 327.

Medina

District 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.

(PC)Sanchez

District Court, E.D. California · Jan 22, 2026

If 2 Defendant(s) cannot obtain documents from Plaintiff’s institution(s) of confinement, 3 Defendant(s) shall clearly respond that a third-party subpoena will be necessary to 4 obtain documents … The “common law governmental privilege (encompassing and referred to sometimes as the official 21 or state secret privilege) . . . is only a qualified

(PC) Kendrid v. Umana

District Court, E.D. California · Jan 2, 2025

or dismiss the complaint, or any portion of 1 the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief 2 may be granted,” or “seeks monetary relief from a defendant who is immune … Thus, a showing of deliberate indifference 11 rests on facts clearly evincing “obduracy and wantonness, not inadvertence or error in good 12 faith.” Whitley v. Albers, 475 U.S. 312, 319 (1986).

(PC) Austin v. Sherman

District Court, E.D. California · May 4, 2020

complaint, or any portion thereof, is subject to 28 dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be 1 granted, or if it seeks monetary relief from a defendant who is immune … It is well established 19 that prisoners have no federally-protected liberty interest in their classification status. See 20 Hernandez v. Johnston, 833 F.2d 1316, 1318 (9th Cir. 1987).

(SS) Cox v. Commissioner of Social Security

District Court, E.D. California · Jul 1, 2024

A 14 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 15 proof from step one through step four. 16 Before making the step four … She was not tearful and denied feelings of hopelessness, helplessness, or worthlessness. 3 Speech was normal and clearly articulated. Speech volume and rate were normal.

(HC) McGuire v. On Habeas Corpus

District Court, E.D. California · Apr 14, 2023

. § 2254, Petitioner must 14 demonstrate that the adjudication of his claim in state court 15 (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established … In 3 particular, the question of whether a prior conviction qualifies as a basis for sentence enhancement 4 under California law is not cognizable on federal habeas review. See Miller v.

(PC) Gradford v. Baez

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

Plaintiff alleges that Deputy 27 28 2 Plaintiff does not clearly identify Deputy Baez throughout his allegations, instead using the pronoun “he” … In such circumstances, "the only requirement is that the 22 officer's actions be 'offensive to human dignity,'" and a physical injury is not necessary to establish a 23 claim. Id. (quoting Felix v.

Ford v. Bartolamedi

District Court, E.D. California · Sep 20, 2022

Id. at 251–52. 8 In the endeavor to establish the existence of a factual dispute, the opposing party need not 9 establish a material issue of fact conclusively in its favor. … A plaintiff must also establish an actual deprivation of constitutional rights. 23 Hart v.

(PC) White v. Lizaraga

District Court, E.D. California · Jan 14, 2020

The 28 violation of state law does not establish a federal cause of action unless it also results in the 1 deprivation of a federally protected right. Lovell v. … Although from his attorney’s office, the mail clearly identified the sender as a person 4 whose name prison officials were unable to verify was an attorney.

(HC) Perez v. Spearman

District Court, E.D. California · Apr 12, 2021

Further, where courts of appeals have diverged in their 15 treatment of an issue, it cannot be said that there is “clearly established Federal law” governing 16 that issue. Carey v. … the state court’s decision was contrary to, or an unreasonable application of, clearly 15 established federal law or was based on an unreasonable determination of the facts.

(PC) Hill v. Newsom

District Court, E.D. California · Mar 23, 2021

The FAC includes no such facts. 22 Furthermore, even if plaintiff were able to establish that these defendants played a direct 23 role in his transfer to CSP-Corcoran, plaintiff’s failure to identify any harm would … California Code of Regulations, 21 Title 15, Section 3005, which dictates prisoner conduct while incarcerated, clearly states that 22 inmates must obey written and verbal orders. See Cal.

(SS) Fisher v. Commissioner of Social Security

District Court, E.D. California · Dec 6, 2023

. §§ 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 … He complained of difficulty gripping with his hand well 9 enough to write clearly. He complained of dizziness and balance deficits. He reported the use of a non-prescribed cane.

Peridot Tree, Inc. v. City of Sacramento

District Court, E.D. California · Oct 18, 2022

Even if plaintiffs had been allowed to participate in the 23 City’s process, it might have denied their application in favor of a more qualified proposal. Mem. 24 at 6. … It clearly and thoroughly prohibited almost every 11 aspect of the market for marijuana.

Bernal v. United States Postal Service

District Court, E.D. California · Jun 24, 2020

required to review the complaint, and 3 shall dismiss the complaint if it is “frivolous, malicious or fails to state a claim on which relief may be 4 granted; or . . . seeks monetary relief against a defendant who is immune … (Id. at 5, ¶ 22) Such 12 actions may qualify as adverse employment actions under Title VII. See Yarztzoff, 809 F.2d at 1376; 13 Campbell v.

Gay-Straight Alliance Network v. Visalia Unified School District

262 F. Supp. 2d 1088 · District Court, E.D. California · Apr 9, 2001

Plaintiffs letter provided sufficient information to establish that Plaintiffs claim would not qualify as a limited civil case. See Ridge v. Boulder Creek High Sch. … Because Plaintiff Loomis substantially complied with the claims presentation requirement, Plaintiff need not establish an exemption therefrom.

(SS)Shaw

District Court, E.D. California · Jul 22, 2026

Astrue, 533 F.3d 1035, 18 1038 (9th Cir. 2008). 19 To qualify for benefits under the Social Security Act, a plaintiff must establish that he or 20 she is unable to … Importantly, because Plaintiff primarily 19 experiences leg edema during the evening, unless it is established that all of the jobs identified by