Case law

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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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  • (PC) Legare v. Cryer

    District Court, E.D. California · Sep 4, 2019

    As pled, Plaintiff’s complaint does not clearly and succinctly state what 26 happened, when it happened or who was involved. … Even gross negligence is insufficient to establish deliberate indifference to 17 serious medical needs. See Wood v.

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  • (PC) Harrison v. Osuji

    District Court, E.D. California · Nov 21, 2023

    portion thereof if the prisoner has raised claims that are legally 24 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 25 “seek[] monetary relief against a defendant who is immune … established that the Sixth Amendment gives rise to a constitutional 16 right to the assistance of counsel in connection with the proceeding at issue.

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  • (SS) Bechtold v. Commissioner of Social Security

    District Court, E.D. California · May 11, 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 lack of this testing does not clearly establish that Dr. 13 Ali’s opinion is not reliable. It appears that from the time plaintiff was seen by neurosurgeon Dr.

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  • Saucedo v. Experian Information Solutions, Inc.

    District Court, E.D. California · Jul 24, 2023

    The Court finds that the Terms of Use Agreement does not clearly constitute a browsewrap 28 agreement because it is “not merely posted on [the] website at the bottom of the screen.” … Defendant asserts that the arbitrator must resolve any dispute over whether EIS 23 qualifies as a third-party beneficiary.2 (ECF No. 17-1 at 14.)

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  • Assoc. of American Railroads v. Randolph

    District Court, E.D. California · Sep 30, 2024

    costs without 21 establishing those costs. … However, other provisions of the 3 Regulation may qualify as “in-use requirements” that do not require EPA approval. 4 (Id.)

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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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  • Ben-Sholom v. Ayers

    566 F. Supp. 2d 1053 · District Court, E.D. California · Jul 11, 2008

    To establish constitutionally ineffective assistance of counsel, Ben-Sholom must demonstrate (1) that Mr. … Richmond answered, clearly, no, because what was really happening was that Ben-Sho-lom’s “training took over” during the crime. When Dr.

    Cited 2 timesPublished
  • (PC) Isamade v. Parker-Wright

    District Court, E.D. California · Oct 11, 2023

    complaint or portion thereof if the prisoner has raised claims that are 8 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 9 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 13 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

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  • (HC) Barrientos v. Santoro

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

    not raise any appellate challenges specific to gang evidence, we do not include that 20 testimony here. 21 [Fn.8] Salvador testified in exchange for immunity … Andrade, 538 U.S. 63, 70-71 (2003); 15 Williams, 529 U.S. at 412-413. 16 A state court decision is “contrary to” clearly established federal law “if it applies a rule 17 that

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  • Soto

    District Court, E.D. California · Jan 6, 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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  • Boykin v. UNUM Life Ins. Co. of America

    District Court, E.D. California · Feb 15, 2022

    Saqui (in her APS) was not “clearly appreciated.” Nurse Smith 24 recommended that onsite physicians review and discuss Plaintiff’s records — including his 25 reported medical and behavioral health conditions. … Saqui wrote: “Disclaimer: I am not [a] 24 qualified disability medical examiner and did not do [a] physical exam to determine functional 25 capacity.” Dr.

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  • Metcalf v. Paramount Pictures Corporation

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

    Plaintiff alleges the answers provided by Broadus’ wife on the show establish 21 there is a conspiracy to murder Plaintiff. … The Court finds the factual contentions are clearly 13 baseless as they rise to the level of the irrational and wholly incredible. See Denton, 504 U.S. at 14 33.

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  • (PS) Hill v. City of Sacramento

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

    Americans with Disabilities Act (Fifth Cause of Action) 23 Title II of the Americans with Disabilities Act (“ADA”) states that “no qualified 24 individual with a disability shall, by reason of such disability, … The court agrees that this cause of 8 action is not cognizable because it does not clearly specify its factual or legal basis, and therefore 9 does not comply with Rule 8 of the Federal Rules of Civil Procedure. 10

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  • (HC)Geothe v. Sherman

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

    Only Supreme Court precedent may constitute “clearly established 2 Federal law,” but courts may look to circuit law “to ascertain whether…the particular point in 3 issue is clearly established by Supreme Court precedent … The Clearly Established Federal Law 13 To establish a constitutional violation based on ineffective assistance of counsel, a 14 petitioner must show (1) that counsel’s representation fell below

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  • (HC) Beavers v. Sherman

    District Court, E.D. California · Sep 26, 2019

    However, 19 it was clearly decided on the merits on May 23, 2018. ECF No. 11-8. … County 4 conviction was discharged by operation of law possibly on March 24, 2015, but in no event later 5 than January 2, 2016. 6 Petitioner has the burden of establishing

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  • (PC) Ruiz v. Bodukam

    District Court, E.D. California · Aug 18, 2020

    The Court must dismiss a complaint or portion thereof if it: (1) is frivolous or 23 malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief 24 from a defendant who is immune … This 24 clearly demonstrates that Bodukam believed that plaintiff did not require an accommodation.

    Cited 0 timesUnknown
  • (SS) Norma A. Garcia v. Commissioner of Social Security

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

    Heckler, 760 F.2d 993, 995 (9th Cir. 1985). 18 DISABILITY BENEFITS 19 To qualify for benefits under the Social Security Act, Plaintiff must establish she is unable … In other words, a medical diagnosis 1 alone does not make an impairment qualify as “severe.”

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  • Allison

    District Court, E.D. California · Nov 21, 2025

    “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 17 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … A showing of merely 18 negligent medical care is not enough to establish a constitutional violation. Frost v.

    Cited 0 timesUnknown
  • (SS) Del Real v. Commissioner of Social Security

    District Court, E.D. California · May 28, 2025

    The burden is on the claimant to establish disability. … Moreover, worker’s 2 compensation[ ] matters employ separate criteria in establishing physical limitations than applicable.

    Cited 0 timesUnknown

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