Case law
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District Court, E.D. California · Sep 11, 2025
complaint or portion thereof if the prisoner raised claims that are legally 10 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 11 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 15 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 16 490 U.S. at 327.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 30, 2025
The magistrate judge noted: “Long waits or slow service, 15 assuming they affect all patients or customers, do not establish discriminatory intent.” (Id., quoting 16 Crumb v. Orthopedic Surgery Med. … Act 3 To state a claim for violation of Section 504 of the Rehabilitation Act, a plaintiff must allege: 4 “(1) he is an individual with a disability; (2) he is otherwise qualified
Cited 0 timesUnknown(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.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 25, 2019
In order to 6 invoke the protection of the Due Process Clause, a plaintiff must first establish the existence of 7 a liberty interest for which the protection is sought. Id. … The amended complaint should be clearly and boldly 18 titled “First Amended Complaint,” refer to the appropriate case number, and be an original 19 signed under penalty of perjury.
Cited 0 timesUnknownJordan v. Nationstar Mortgage, LLC
District Court, E.D. California · Jan 27, 2020
Id. 11 Defendant argues, “Plaintiff’s allegation that attorney’s fees qualify as ‘damages’ 12 under the UCL is simply wrong.” Reply at 9. Defendant relies on a summary judgment case, 13 Tamburri v. … Cal. 2011) (“California case law clearly establishes that a 18 UCL violation for fraudulent business practices is distinct from common law fraud and does not 19 require a plaintiff to plead and prove the elements of a
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 9, 2026
The Court will bar use of the evidence in 16 question only if the moving party establishes that the evidence clearly is not admissible for any 17 valid purpose. … Ritter is a trained 25 and experienced emergency room doctor, which sufficiently qualifies him to offer opinions in this 26 case.
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 4, 2020
bunking inmates vertically; (5) double 14 bunking manifests overcrowding, which in turn creates lack of adequate medical care and mental 15 health for prison inmates due to the sheer volume of population, where under qualified … To 19 state a cognizable retaliation claim, Plaintiff must establish a nexus between the retaliatory act and the 20 protected activity. Grenning v. Klemme, 34 F.Supp.3d 1144, 1153 (E.D. Wash. 2014).
Cited 0 timesUnknownCamenzind v. California Exposition and State Fair
District Court, E.D. California · May 26, 2022
Outside of park gates, 16 Cal Expo established “designated free expression zones,” which it defines as follows: 17 A free expression zone is a designated area located on-site as established by … For all of these reasons, the 15 gated portion of Cal Expo, where no free expression zones have been established, fails 16 to qualify as a public forum under both the state and federal tests. 17 Plaintiffs have
Cited 0 timesUnknown(SS) White v. Commissioner of Social Security
District Court, E.D. California · Aug 12, 2025
A claimant establishes a prima facie 11 case of qualifying disability once he has carried the burden of proof from step one through step 12 four. … Zurko, 527 U.S. 150, 153 (1999) (comparing the substantial-evidence 10 standard to the deferential clearly-erroneous standard). “[T]he threshold for such evidentiary 11 sufficiency is not high.”
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 10, 2025
Fresno State’s argument is unconvincing, as the 17 rule in Belgau is the established precedent of the Ninth Circuit. … They have an in-depth familiarity with the case. 27 Class counsel is qualified to pursue this litigation.
Cited 0 timesUnknownDistrict Court, E.D. California · May 5, 2020
Abbey, 263 F.3d 1070, 1074-75 (9th Cir. 2001) (en banc) 20 (“[T]here is a clearly established constitutional due process right not to be subjected to criminal 21 charges on the basis of false evidence that was deliberately … The amended complaint should be clearly titled, in 19 bold font, “First Amended Complaint,” reference the appropriate case number, and be an original 20 signed under penalty of perjury.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 21, 2023
complaint or portion thereof if the prisoner has raised claims that are 23 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 24 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 18, 2019
The court may, therefore, dismiss a claim as frivolous where it is based on an 13 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 14 490 U.S. at 327. … Even gross negligence is insufficient to establish deliberate 2 indifference to serious medical needs. See Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 3 1990).
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 17, 2019
Petitioner does not point to clearly 14 established Supreme Court law supporting this claim. See Spencer v. … Petitioner 7 does not point to clearly establish Supreme Court law supporting the allegations.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 10, 2021
plaintiff must show that (1) [he] is a qualified 7 individual with a disability; (2) [he] was excluded from participation in or otherwise 8 discriminated against with regard to a public entity’s services, … To show discriminatory intent, a plaintiff must establish deliberate indifference by the 13 public entity. Duvall v.
Cited 0 timesUnknownKlamath-Siskiyou Wildlands Center v. Graham
899 F. Supp. 2d 948 · District Court, E.D. California · Sep 28, 2012
Such a massive undertaking is clearly beyond the MTM ROD’s limited scope to address motor vehicle use on unauthorized routes on the Klamath National Forest pursuant to the regulatory requirements of the 2005 Travel Management … In their Reply, Plaintiffs argue that the existing NFTS infrastructure is a “continuing” activity under NEPA and, thus, qualifies as a “connected” action subject to environmental assessment in the FEIS.
Cited 3 timesPublishedChapman v. United States Forest Service
District Court, E.D. California · Jul 28, 2025
This fourth permit is not clearly alleged in the FAC, but may be referenced. The Court 12 should “freely” give leave to amend “when justice so requires,” Fed. R. Civ. … Carrico, 656 F.3d at 1006 (“This 2 conclusory allegation is insufficient to establish standing.”) 3 A litigant “must clearly and specifically set forth facts sufficient to satisfy [ ] Art.
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 11, 2022
Alternatively, claims are frivolous where they are based on 26 an indisputably meritless legal theory or where the factual contentions are clearly baseless. 27 Neitzke, 490 U.S. at 327. … Hence gross negligence, a 8 difference in medical opinion, malpractice, and misdiagnosis does not establish a constitutional 9 violation. Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990); Thompson v.
Cited 0 timesUnknown(PS) Selck v. VOA (Volunteers of America)
District Court, E.D. California · Nov 12, 2021
Under the IFP statute, the court must screen the complaint and dismiss any 23 claims that are “frivolous or malicious,” fail to state a claim on which relief may be granted, or 24 seek monetary relief against an immune … This complaint 23 also fails to establish the court’s subject matter jurisdiction over these claims. 24 First, to the extent plaintiff is trying to contest the rulings of the state court in his mother’s 25 conservatorship
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 23, 2023
thereof if the prisoner has raised claims that are legally 26 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 27 “seek[] monetary relief against a defendant who is immune … Had [the dentist] gratuitously drilled plaintiff's teeth for no good medical reason, then the evidence would 18 clearly support a finding of willful and wanton infliction of pain and plaintiff would have
Cited 0 timesUnknown
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