Case law

(PC) Singh v. Cooper

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

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. … Mere 25 negligence on the part of the prison official is not sufficient to establish liability.

(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.”

Ivy v. Fresno Police Department Officers

District Court, E.D. California · Oct 30, 2023

Stahl, 254 F.3d 845 (9th Cir. 2001) (dismissal required of in forma pauperis 22 proceedings which seek monetary relief from immune defendants); Cato v. … Section 16 981 establishes that the United States does not need a warrant to adopt funds lawfully seized by state and local law enforcement and 17 transferred to the federal government,

(PC) Garces v. Gamboa

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

Nov. 21, 10 2017) (denying motion for summary judgment “as untimely” after party “failed to establish good 11 cause for considering his motion for summary judgment” or provide any “explanation for the untimely filing … December 13, 2023, the Court denied Plaintiff’s motion, noting that the Court previously 24 directed Plaintiff to follow certain guidelines when requesting extensions of time: Here, although Plaintiff has failed to clearly

Verduzco v. St. Mary's High School

District Court, E.D. California · Jun 21, 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. at 642. … FEHA prohibits qualifying employers from engaging in 3 certain unlawful employment practices. Cal. Gov’t Code § 12940(a).

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.

(PC) Villery v. Crounse

District Court, E.D. California · Jun 30, 2023

Plaintiff asserts he “qualifies for relief from this Court’s 9 judgment under FRCP 60(b), as an equitable remedy to prevent manifest injustice.” (Id.) … Sanders Case No. 1:15-cv-01360- 10 ADA-HBK)—clearly indicates the documents Plaintiff received included this Court’s November 1, 11 2022 order and orders issued in Villery v.

Bowles, Jr. v. Constellation Brands, Inc.

District Court, E.D. California · Mar 12, 2020

App. 4th at 20 1154 (holding that accusation that the plaintiff had “poor performance” was “clearly a statement 21 of opinion”). … Id. at 25 10 “The malice necessary to defeat a qualified privilege is ‘actual malice’ which is established by a showing that the publication was motivated by hatred or ill will towards the plaintiff or by a 26

(PC) Fernandez v. Gamboa

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

a...policymaker possessed with final authority to establish that policy.” … lite, ‘courts should be extremely cautious’ about 28 1 issuing a preliminary injunction and should not grant such relief unless the facts and law clearly

(PC) Wilson v. Manning

District Court, E.D. California · Jan 27, 2023

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 18 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … That Matharu did not advise plaintiff that he could be written up if he misused the 6 medication or was found with it on his person does not establish deficient medical care.1 7 VI.

(PC)Almaraz v. County of San Joaquin

District Court, E.D. California · Mar 9, 2021

complaint or portion thereof if the prisoner has raised claims that are legally 7 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 8 monetary relief from a defendant who is immune … As 9 to the subjective prong of the Eighth Amendment analysis, prisoners must establish prison 10 officials’ “deliberate indifference” to the unconstitutional conditions of confinement to establish 11 an Eighth Amendment

Brandon Kyle Ozuna v. Commissioner of Social Security

District Court, E.D. California · Oct 14, 2025

Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 20 To qualify for benefits under the Social Security Act, a plaintiff must establish that he or 21 she is unable to engage in substantial gainful activity due to a medically … Further, despite the 27 qualifier that Plaintiff’s 5/10 average pain level was over the previous 24 hours, as the ALJ and 28 1 Defendant noted,

(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.

(PC) Black v. Thompson

District Court, E.D. California · Nov 7, 2022

The plaintiff must first establish a “serious medical 12 need” by showing that “failure to treat a prisoner’s condition could result in further significant 13 injury or the unnecessary and wanton infliction of pain.” … A preliminary injunction represents the exercise of a far reaching 27 power not to be indulged except in a case clearly warranting it. Dymo Indus. v. Tapeprinter, Inc., 28 326 F.2d 141, 143 (9th Cir. 1964).

(SS) Gausling v. Commissioner of Social Security

District Court, E.D. California · Jan 30, 2025

. §§ 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 ALJ clearly 8 connected Plaintiff’s medical history to her conclusion, including references to Plaintiff’s 9 physical therapy record, treatment, and Plaintiff’s own statements to medical care providers, as 10 discussed

(SS) Monroe v. Commissioner of Social Security

District Court, E.D. California · Jun 3, 2022

Additionally, “an ALJ may find that a 25 claimant lacks a medically severe impairment or combination of impairments only when his 26 conclusion is ‘clearly established by medical evidence.’” Webb v. … To qualify as an impairment, “it must 6 have lasted or must be expected to last for a continuous period of at least 12 months.” 20 C.F.R. § 7 404.1509.

Ryan David Anderson v. County of Shasta, et al.

District Court, E.D. California · Nov 7, 2025

Plaintiff 5 contends that the video footage clearly shows that Plaintiff did not use his arm cast or a medically 6 issued metal boot during the February 22, 2019, incident. See id. … The California Government Claims Act establishes conditions required to file a lawsuit 18 against a public entity for money or damages. Id.

Grinnell v. Haaland

District Court, E.D. California · Mar 9, 2022

of a Party but who are retained to 2 represent or advise a Party in this Action. 3 2.7 House Counsel: attorneys who are employees of a Party. 4 2.8 Counsel (without qualifier … Party’s Own Information. 26 The restrictions on the use of Confidential Information established herein are applicable only to 27 the use by a Party of Confidential Information

(SS) Deacon v. Commissioner of Social Security

District Court, E.D. California · Dec 1, 2022

Sec’y of Health and Human Servs., 812 F.2d 509, 510 (9th Cir. 1987). 26 REVIEW 27 In order to qualify for benefits, a claimant must establish that he … The 6 burden is on the claimant to establish disability. Terry v.

The Personal Care Products Council v. Bonta

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

A chemical is known to the state to cause 14 cancer or reproductive toxicity if: (1) in the opinion of the state’s qualified experts, it has been 15 clearly shown — through scientifically valid testing according to generally … Indeed, Plaintiff 21 need only demonstrate the existence of a colorable First Amendment claim to establish 22 irreparable harm. Brown, 321 F.3d at 1225.