Case law

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  • Deveroux v. County of Kern

    District Court, E.D. California · Aug 26, 2025

    “Generally, Federal Rule of Evidence 408 prohibits evidence of settlement negotiations to establish 24 the strength or weakness of a claim. However, courts may admit this type of evidence for another purpose.” … At least four of 23 those to be (possibly) dismissed are specifically addressed in the deliberate indifference and 24 qualified immunity arguments in the MSJ.”).

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  • (PC) Kakowski v. County of Sacramento

    District Court, E.D. California · Sep 20, 2019

    complaint or portion thereof if the prisoner has raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … Block, 72 F.3d 712, 714 (9th Cir. 1996) (as amended) (proof 11 of random acts or isolated events is insufficient to establish custom); see also Meehan v.

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  • Rivera

    District Court, E.D. California · Jan 3, 2026

    The 11 Court will bar use of the evidence in question only if the moving party establishes that the 12 evidence clearly is not admissible for any valid purpose. Jonasson, 115 F. 3d at 440. … Motion in Limine No. 1 (Doc. 40): Similarly Situated Comparators 6 “To establish his FEHA discrimination claim, [Plaintiff] must show (1) he belonged to a 7 protected class, (2) he was qualified and performing competently

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  • Domenic Betts v. A. Gonzales, et al.

    District Court, E.D. California · Aug 4, 2026

    complaint or portion thereof if the prisoner 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 … To state a claim for violation of Title II of the ADA, a 19 plaintiff must allege four elements: (1) he is an individual with a disability; (2) he is otherwise 20 qualified to participate in or receive the benefit of

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  • (PC) Rojas v. Lynch

    District Court, E.D. California · Mar 26, 2021

    complaint or portion thereof if the prisoner 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 may, therefore, dismiss a claim as frivolous where it is based on an 10 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 11 490 U.S. at 327.

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  • Gold Standard Diagnostics, LLC v. Clear Path Diagnostics LLC et al.

    District Court, E.D. California · Apr 20, 2026

    [and] 3 must clearly refer to tangible trade secret material instead of referring to a system which 4 potentially qualifies for trade secret protection.” E. W. Bank v. … Conclusory affidavits that lack “sufficient 20 support in facts” are inadequate to establish irreparable harm. Am. Passage Media Corp. v.

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  • (HC) Cornejo v. Lizarraga

    District Court, E.D. California · Feb 17, 2021

    For federal 24 law to be clearly established, the Supreme Court must provide a “categorical answer” to the 25 question before the state court. … If a state court decision is “contrary to” clearly established law, it is reviewed to determine 14 first whether it resulted in constitutional error. See Benn v.

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  • Allen v. Protective Life Insurance Company

    District Court, E.D. California · Mar 22, 2023

    claim as required to establish a bad-faith tort claim. … And, if the facts establish that Protective did not breach 15 the contract(s) at issue but did breach their statutory duties under §§ 10113.71 and 10113.72, 16 declaratory relief to establish that statutory duty serves

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  • Duarte v. Stockton City

    District Court, E.D. California · Oct 22, 2021

    remaining First and Second Claims are barred by Heck, the 22 Court need not determine the merit of Defendants’ alternative arguments that the force they employed was objectively reasonable or that they are entitled to qualified … immunity under the circumstances of this matter 23 in any event.

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  • Central Sierra Environmental Resource Center v. United States Forest Service

    916 F. Supp. 2d 1078 · District Court, E.D. California · Jan 4, 2013

    Environmental Protection Agency comments submitted during the scoping period recommending that the Forest Service in the DEIS “clearly define the baseline and No Action alternative. … Warren is qualified by virtue of her position as Interdisciplinary Team Leader for the EIS and ROD at issue here. (ECF 47 ¶ 2.)

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  • Rocky Mountain Farmers Union v. Corey

    258 F. Supp. 3d 1134 · District Court, E.D. California · Jun 16, 2017

    Pike claim To succeed on their Pike claim, the RMFU Plaintiffs must establish that “the burdens that the [LCFS] imposes on interstate commerce clearly outweigh the local benefits arising from it.” … More importantly, however, judicially noticeable facts establish that the allegedly discriminatoiy averages the LCFS employs that Plaintiffs contend are not discriminatory.

    Cited 1 timesPublished
  • (PC) Martinez v. Rodriguez

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

    It is well-established that prisoners have a First Amendment 8 right to file prison grievances. Brodheim v. Cry, 584 F.3d 1262, 1269 (9th Cir. 2009) (citing 9 Rhodes v. … Retaliation for a prisoner’s exercise of 13 those rights constitutes a constitutional violation and is “prohibited as a matter of ‘clearly 14 established law.’”

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  • (HC) Gutierrez Jr. v. Smith

    District Court, E.D. California · Jul 29, 2025

    docket in each of the related cases, the name of the petitioner has been added before the electronic docket citation to distinguish them. 28 2[footnote two in original text] Hendricks testified under a grant of immunity … federal habeas claims that have been 12 “adjudicated on the merits in state court proceedings” only if the state court’s adjudication 13 resulted in a decision (1) “contrary to, or involved an unreasonable application of, clearly

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  • (SS) Woods v. Commissioner of Social Security

    District Court, E.D. California · May 13, 2022

    An ALJ can only find that claimant’s impairments or combination of 26 impairments are not severe “only when his conclusion is ‘clearly established by medical 27 evidence’ ”. … First, there was insufficient objective medical evidence to establish disability during the insured period. Burch v.

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  • Foshee Jr v. Mastec Network Solutions, Inc.

    District Court, E.D. California · Feb 14, 2022

    11 which stated that Foshee had been seen on April 18, 2019 for “medical reasons” and “may return 12 to work … with no limitations” on April 20, 2019. 13 Foshee argues that “the evidence clearly … establishes that [he] informed [MasTec] of his 14 medical condition and need for an accommodation via a brief leave of absence,” Doc.

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  • (PC) Dekharn v. Rojas

    District Court, E.D. California · Nov 2, 2023

    or portion thereof if the prisoner has raised claims that are legally 11 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 12 monetary relief from a defendant who is immune … The court may dismiss a claim as frivolous if it is based on an indisputably meritless legal 16 theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327.

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  • Soto

    District Court, E.D. California · Jan 8, 2026

    The parties 16 cannot “agree to certify a class that clearly leaves any one 17 requirement unfulfilled.” … A putative class with 3 potentially thousands of with members makes joinder clearly 4 impracticable and more than satisfies the numerosity requirement. 5 b.

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  • Simmons v. Liberty Mutual Fire Ins. Co.

    District Court, E.D. California · Aug 15, 2023

    Id. at 251–52. 26 In the endeavor to establish the existence of a factual dispute, the opposing party need not 27 establish a material issue of fact conclusively in its favor. … Lupercio’s report from 19 January 2019, which clearly opined that Simmons still suffered from lung issues related to the 20 accident at that time. 21 In addition,

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  • (PC) Ruiz v. Mobert

    District Court, E.D. California · Jul 1, 2021

    It thus qualifies as a final judgment on the merits. 9 F. … Cal.) and applying governing law, the undersigned finds Defendant has satisfied 20 all elements required to establish claim preclusion.

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  • (PS) Boutros v. Hony

    District Court, E.D. California · Aug 18, 2021

    See id. 13 Here, Plaintiff clearly labels his claim as one for retaliatory prosecution. … Furthermore, Plaintiff’s allegations do not 17 establish a causal nexus between Lt.

    Cited 0 timesUnknown

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