Case law

Petersen v. Buyard

District Court, E.D. California · Feb 4, 2022

Peterson, 995 F.3d at 1068. 3 The Court recognizes that Defendant also argues that she is entitled to qualified immunity and that 27 Plaintiff’s claim is barred by Heck v. Humphrey, 512 U.S. 477 (1994). … “‘[P]arole is an established variation on imprisonment of convicted 2 criminals’ and granted only ‘on the condition that the prisoner abide by certain rules during the 3 balance of the sentence.’

Jackson v. City of Modesto

District Court, E.D. California · Oct 15, 2021

To establish 6 a violation of Title II of the ADA, a plaintiff must show: “(1) he is a ‘qualified individual with a 7 disability’; (2) he was either excluded from participation in or denied the benefits of a public … Vicarious Liability Immunity 11 Chief Carroll contends that he is entitled to immunity under Cal. Gov’t Code § 820.8.

Carne v. Stanislaus County Animal Services Agency

District Court, E.D. California · Mar 30, 2021

Instead, Plaintiffs clearly assert that they were denied 6 access due to their criticism on social media sites. … Stuart, 427 U.S. 539, 559 (1976). 4 The email does not qualify as a prior restraint.

(SS) Naryan v. Commissioner of Social Security

District Court, E.D. California · Jul 24, 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 … These regulations supersede prior caselaw establishing the 4 treating physician rule which established a hierarchy of weight to be given medical opinions 5 depending on their source. See id.; see also Jones v.

(SS) Tovar v. Commissioner of Social Security

District Court, E.D. California · Feb 6, 2024

A 3 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 4 proof from step one through step four. 5 Before making the step four determination … Thus, while Plaintiff may seek to suggest an alternative interpretation of this 13 evidence, such is not sufficient to establish reversible error.

(SS)Benavides

District Court, E.D. California · Mar 13, 2026

Astrue, 533 F.3d 1035, 20 1038 (9th Cir. 2008). 21 To qualify for benefits under the Social Security Act, a plaintiff must establish that he or 22 she is unable to … “An ALJ must clearly identify each subjective statement being rejected and the particular evidence in the record which purportedly 27 undermines the statement.” . . .

(SS) McKenzie v. Commissioner of Social Security

District Court, E.D. California · Feb 26, 2020

. §§ 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 … The fact that there is intermittent evidence that Plaintiff experienced 9 neurogenic claudication does not establish that she met the Listing because the record clearly established

Estate of Delion Johnson v. County of Sacramento

District Court, E.D. California · Jan 25, 2024

But the court will dismiss such unnamed defendants if discovery clearly would not uncover their identities or if the complaint would clearly be dismissed on other grounds. /d. … In this respect, plaintiffs’ allegations plausibly allege the existence of a 7 qualifying policy or custom and give defendants fair notice to enable them to defend effectively. 8 Plaintiffs have alleged: (1) defendants

Century 21 Real Estate LLC v. All Professional Realty, Inc.

889 F. Supp. 2d 1198 · District Court, E.D. California · Aug 8, 2012

“The line clearly is drawn at conduct that is fraudulent, dishonest, or illegal and thereby interferes with a competitor’s economic advantage.” Id.; see also Shebar v. Sanyo Bus. Sys. … All Professional does not explain how these undefined methods might qualify as trade secrets or violate the Trade Secrets Act. .

Christopher Terrill Radford v. Commissioner of Social Security

District Court, E.D. California · Nov 25, 2025

Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 22 To qualify for benefits under the Social Security Act, a plaintiff must establish that he or 23 she is unable to engage in substantial gainful activity due to a medically … This is 3 notable given other regulations, such as the regulations concerning medical opinion evidence, 4 clearly distinguish between consideration and articulation.

Giles v. San Joaquin Valley Rehabilitation Hospital

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

The “Charge of Discrimination” identifies the Agency Charge No. as 485-2020-00385, 1 which is clearly the same number as the EEOC Charge No. on the notice of right to sue filed by 2 Plaintiff. … However, Plaintiff does not allege what made him qualified for the 22 position. (Id.)

(PS) Olson v. Hornbrook Community Services District

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

Thus, for 2 Plaintiff to allege that she was deprived the right to vote as established by these bylaws, she 3 would need to provide facts establishing that the rate charged per gallon did not remain constant 4 nor decrease … Plaintiff clearly asserts her 23 protected interest is her right to vote on whether to waive standby and availability fees.

(PC) Martin v. Delacruz

District Court, E.D. California · Jan 13, 2023

Duffy, 588 F.2d 740, 743 (9th Cir. 1978)). 23 “The requisite causal connection may be established when an official sets in motion a ‘series of 24 acts by others which the actor knows or reasonably should know would cause … Sept. 30, 2016) (noting that an 5 | “equivocal” intent to voluntarily dismiss a case “was not clearly a notice of voluntary dismissal 6 | under Rule 41(a)(1)” and “did not operate to close [the] action”).

Holmes

District Court, E.D. California · Oct 24, 2025

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

California v. M & P INVESTMENTS

308 F. Supp. 2d 1137 · District Court, E.D. California · Nov 20, 2003

. § 264.15 ); (3) failure to establish a corrective action program for all or some of the facility ( 40 C.F.R. § 264.100 ); and (4) failure to appropriately close the facility ( 40 C.F.R. § 264.111 ). … testimony of Primeau, which indicated he dumped barrels with approximately a foot or less of liquid inside, 11 are sufficient to raise a triable issue as to whether barrels dumped by Lodi employees at the Softball Complex qualify

Ponce v. Amtrak Railroad Company

District Court, E.D. California · May 31, 2022

frivolous 28 1 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 2 relief from a defendant who is immune … challenged government action was clearly arbitrary and unreasonable, having no substantial 17 relation to the public health, safety, morals or

(SS) Arroyo v. Commissioner of Social Security

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

. §§ 404.1520 (a)-(f) and 416.920(a)-(f). 9 To qualify for benefits, the claimant must establish the inability to engage in 10 substantial gainful activity due to a medically determinable physical or mental … These regulations supersede prior caselaw establishing the 12 treating physician rule which established a hierarchy of weight to be given medical opinions 13 depending on their source. See id.; see also Jones v.

(PC) Benitez v. Sierra Conservation Center, Warden

District Court, E.D. California · Sep 8, 2021

to establish that policy.” … Plaintiff has failed 28 to “demonstrate that his deprivation resulted from an official policy or custom established by 1 a . . . policymaker possessed with final authority to establish that policy.”

United States v. Southern California Edison Co.

300 F. Supp. 2d 964 · District Court, E.D. California · Jan 9, 2004

liability without fault;” Id. at 759 , the Ninth Circuit rejected this Defendant’s argument, finding that the damages clause which read The permittees shall pay the United States for any damage resulting from this use, “clearly … In accordance with the only precedent interpreting the scope of § 4435 to qualify a train as a “device which may kindle a fire,” the logical conclusion is that a hydroelectric power plant, as a complicated combination of

Jaco v. WinCo Holdings, Inc.

District Court, E.D. California · Feb 22, 2022

Inc., 818 F.2d 25 1433, 1436 (9th Cir. 1987). 26 In the endeavor to establish the existence of a factual dispute, the opposing party need not 27 establish a material issue … “This step is designed to eliminate at the outset 28 the most patently meritless claims, as where the plaintiff is not a member of the protected class or 1 was clearly unqualified, or where the job he sought was withdrawn