Case law

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

(BK) In Re: Ernesto & Marilyn Patacsil

District Court, E.D. California · Dec 16, 2024

Legal 14 conclusions are reviewed de novo, while factual determinations are reviewed under a 15 “clearly erroneous” standard. Murray v. … This is clearly a case where the 9 funds will “benefit” the LWDA.

(PC) McQueen v. State of California

District Court, E.D. California · Jan 12, 2022

complaint or portion thereof if the prisoner has raised claims that are 28 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 1 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 5 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

(SS) Pedroza v. Commissioner of Social Security

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

The burden is on the claimant to establish disability. … This treatment plan, as set for by her 12 treating physicians, was clearly expected to relieve her subjective symptoms to allow her to work.

(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.

League to Save Lake Tahoe v. Tahoe Regional Planning Agency

739 F. Supp. 2d 1260 · District Court, E.D. California · Nov 24, 2010

SOCA, 229 Cal.App.3d at 1029 , 280 Cal.Rptr. 478 . 24 The importance of these qualifiers is illustrated by SOCA itself. … Vacation of the Amendments in their entirety was not clearly erroneous nor manifestly unjust.

Barrientos v. Walker

District Court, E.D. California · Mar 11, 2024

In section 5321(c), Congress included a detailed fill-in-the- 16 blank model self-determination contract which begins with a provision clearly stating the 17 agreement is entered into pursuant to the ISDEAA … Defendant therefore fails 14 to establish he was a covered employee under a self-determination contract as defined under the 15 ISDEAA.

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

(PC) Howell v. Sampley

District Court, E.D. California · Jul 8, 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.

(PC) Gulbronson v. Jones

District Court, E.D. California · Dec 6, 2021

complaint or portion thereof if the prisoner has raised claims that are legally 6 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 7 monetary relief from a defendant who is immune … 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.

(SS) Cooper v. Commissioner of Social Security

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

Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 18 To qualify for benefits under the Social Security Act, a plaintiff must establish that 19 … AR 623, 626, 659, 679. 22 Plaintiff argues this evidence clearly establishes her weight contributed to her physical 23

Applied Underwriters, Inc. v. Lara

District Court, E.D. California · Mar 31, 2021

Id. 9 Here, the Conservation Proceeding clearly has priority, 10 as it was commenced almost a year before plaintiffs filed this 11 action. (See FAC ¶ 81). … Thus, “[w]here vital state interests are involved, a federal 24 court should abstain ‘unless state law clearly bars the 25 interposition of the constitutional claims.’” Lebbos v.

April in Paris v. Becerra

District Court, E.D. California · Oct 13, 2020

Committee reports not qualified or controverted in the legislative record indicated a 5 preference for concurrent state regulation, subject to a proviso that “[t]he only exception to this 6 would be in cases where there … Where California’s Eleventh Amendment sovereign immunity bars a 11 financial recovery, monetary injury may be irreparable. A Woman’s Friend Pregnancy Resource 12 Clinic v. Harris, 153 F. Supp. 3d 1168, 1215 (E.D.

(PC) Riley v. Guerrero

District Court, E.D. California · Feb 5, 2020

complaint, or any portion thereof, is subject to dismissal if it is frivolous 26 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 27 relief from a defendant who is immune … “In the simplest and most 22 absolute of terms … prisoners [have a clearly established Eighth Amendment right] to be free 23 from sexual abuse ….” Schwenk, 204 F.3d at 1197.

No Casino In Plymouth v. National Indian Gaming Commission

District Court, E.D. California · May 11, 2022

Further, the Ninth Circuit clearly 24 found Laverdure’s actions within his powers. … In re Immune Response Sec. Litig., 375 F. Supp. 2d 983 (S.D. Cal. 2005) (quoting 20 U.S. v. Ritchie, 342 F.3d 903, 909 (9th. Cir. 2003)).

(PC) King v. Biter

District Court, E.D. California · Feb 23, 2023

The 16 Court will bar use of the evidence in question only if the moving party establishes that the 17 evidence clearly is not admissible for any valid purpose. … The law on this issue is well established. While an expert opinion “is not objectionable 23 just because it embraces an ultimate issue,” Fed. R.

Goddard v. County of El Dorado

District Court, E.D. California · Jun 16, 2022

Accordingly, the Court 28 OVERRULES Defendant’s boilerplate objections. 1 “To accomplish this, the defendant must clearly set forth, through the introduction of admissible 2 evidence, the reasons … (Id. at 16.) 21 Section 1983 “provides a cause of action for the ‘deprivation of any rights, privileges, or 22 immunities secured by the Constitution and laws’ of the United States.” Long v.

Hernandez v. County of Fresno

District Court, E.D. California · May 1, 2023

(See ECF No. 35, p. 10, “The First Claim was clearly brought against the Individual 9 Defendants only (FAC, ¶¶ 32-38) and seeks damages against the Individual Defendants only.”). 10 But to the extent that Plaintiffs … Deliberate Indifference regarding Insufficient Training 18 Finally, the County argues that “[e]ven if it is established that a particular employee was 19 inadequately trained (not present here), this does not establish

(PC) Reed v. Fox

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

(SS) Salas Valenzuela v. Commissioner of Social Security

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

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 determination … Defendant replies that the reference to this page was clearly a typographical error and 9 not a misunderstanding of Dr. Livesay’s report as the ALJ was aware of Plaintiff’s memory 10 problems.