Case law

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  • (PC) Gonzales v. Harmon

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

    complaint, or any portion thereof, is subject to dismissal if it is frivolous 11 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 12 relief from a defendant who is immune … To establish a failure to 5 protect claim, the prisoner must establish that prison officials were deliberately indifferent to a 6 sufficiently serious threat to the prisoner’s safety. Farmer v.

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  • 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.

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  • Rios v. County of Sacramento

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

    At the pleading stage, plaintiffs must “‘clearly 9 allege facts demonstrating’ each element” of their standing. Spokeo, 136 S. Ct. at 1547 10 (alterations omitted) (quoting Warth v. … For example, § 1983 claims against individual defendants are subject to a court- 14 created qualified immunity defense, and claims against municipal defendants are subject to the 15 additional requirements the Supreme

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  • (HC) Velasquez v. Espinoza

    District Court, E.D. California · Sep 22, 2020

    Circuit court precedent “may be persuasive in determining 11 what law is clearly established and whether a state court applied that law unreasonably.” Stanley, 12 633 F.3d at 859 (quoting Maxwell v. … Further, where courts of appeals have diverged in their treatment of an issue, it 19 cannot be said that there is “clearly established Federal law” governing that issue.

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  • (PC) Meyers v. Kernan

    District Court, E.D. California · Jan 26, 2023

    portion thereof if the prisoner has raised claims that are 6 legally “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or 7 that “seek[] monetary relief against a defendant who is immune … Mere 15 negligence on the part of a prison official is not sufficient to establish liability, but rather, the 16

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  • (HC) Breiner v. Pollard

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

    For purposes of applying § 2254(d)(1), “clearly established federal law” 20 consists of holdings of the United States Supreme Court at the time of the last reasoned state court 21 decision. Greene v. … (ECF Nos. 1 & 6.) 25 Respondent contends that petitioner has not shown that the state court’s decision violated any 26 clearly established federal law.

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  • (SS) Van Gorkom v. Commissioner of Social Security

    District Court, E.D. California · Mar 12, 2025

    1035, 1038 (9th Cir. 2008). 24 To qualify … As is clearly 17 established in the DOT quoted above, and as observed by the Ninth Circuit in Rounds, jobs with a 18

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  • (HC) Peacock v. Martinez

    District Court, E.D. California · Jan 22, 2020

    Circuit court precedent “may be persuasive in determining 22 what law is clearly established and whether a state court applied that law unreasonably.” Stanley, 23 633 F.3d at 859 (quoting Maxwell v. … Further, where courts of appeals have diverged in their treatment of an issue, it 2 cannot be said that there is “clearly established Federal law” governing that issue.

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  • Levy v. City of Sacramento

    District Court, E.D. California · Aug 18, 2022

    “To accomplish this, the defendant must clearly set forth, through the introduction of 10 admissible evidence, the reasons for” the challenged adverse employments actions. … Establishment of a Prima Facie Case 8 As previously noted, to establish a prima facie case of race discrimination, Plaintiff must 9 establish: “(1) he belongs to a protected class; (2) he was qualified

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  • (SS) Mortera v. Commissioner of Social Security

    District Court, E.D. California · Jan 22, 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 8 evidence, such is not sufficient to establish reversible error.

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  • London Wallace v. City of Fresno

    District Court, E.D. California · Jul 21, 2022

    Further, if Wallace was under the influence of marijuana, it would clearly 23 affect his ability to perceive. … In the 25 absence of evidence that establishes the timing and quantity of Wallace’s marijuana ingestion, as 26 well as the apparent absence of any expert testimony regarding marijuana, the Court cannot find 27 evidence

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  • (SS)Lawson, Jr. v. Commissioner of Social Security

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

    Sec’y of 7 Health and Human Servs., 812 F.2d 509, 510 (9th Cir. 1987). 8 REVIEW 9 In order to qualify for benefits, a claimant must establish … The 16 burden is on the claimant to establish disability. Terry v.

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  • Castellanos

    District Court, E.D. California · Jul 14, 2026

    If 2 Defendant(s) cannot obtain documents from Plaintiff’s institution(s) of confinement, 3 Defendant(s) shall clearly respond that a third-party subpoena will be necessary to 4 obtain documents … The “common law governmental privilege (encompassing and referred to sometimes as the official 21 or state secret privilege) . . . is only a qualified

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  • (SS) Saeteurn v. Commissioner of Social Security

    District Court, E.D. California · Feb 7, 2020

    When an ALJ fails to clearly address a 6 claimant’s testimony regarding her limitations and abilities, the proper legal standards have not been 7 followed. See Lewis v. … Because counsel clearly indicated she was 17 requesting the “statutory rate,” the Court has applied the corrected hourly rate below and finds the the 18 requested rates for Ms.

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  • Kang v. Credit Bureau Connection, Inc.

    District Court, E.D. California · Mar 4, 2021

    The FCRA states that “[e]very consumer 2 reporting agency shall, upon request, . . . clearly and accurately disclose to the consumer: (1) All 3 information in the consumer’s file at the time of the request.” 15 U.S.C … Kang has separately moved to strike Binder’s declaration on grounds 23 that the declaration contains opinions that are legal conclusions for which Binder is not qualified 24 to make. Doc. No. 86.

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  • (PC) Washington v. Diaz

    District Court, E.D. California · Dec 28, 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.

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  • Wasche v. Orchard Hospital

    District Court, E.D. California · Aug 21, 2020

    These are clearly adverse employment 9 actions. The Court accordingly turns its analysis to causation. 10 b. … Given Plaintiff’s 25 qualifications, a trier of fact could reasonably conclude that Plaintiff was more than 26 qualified for the raise to $50 per hour even without the additional credentials. 27 Accordingly, Defendant

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  • (PC) Sekona v. Perez

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

    To state a cognizable retaliation claim, Plaintiff must 14 establish a nexus between the retaliatory act and the protected activity. Grenning v. Klemme, 34 15 F.Supp.3d 1144, 1153 (E.D. … The amended complaint should be clearly and boldly 24 titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 25 under penalty of perjury.

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  • (PC) Reese v. Covarrubias

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

    or dismiss the complaint, or any portion of 2 the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief 3 may be granted,” or “seeks monetary relief from a defendant who is immune … Thus, a 15 showing of deliberate indifference rests on facts clearly evincing “obduracy and wantonness, not 16 inadvertence or error in good faith.” Whitley v. Albers, 475 U.S. 312, 319 (1986).

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  • Sampson v. Gillespie

    District Court, E.D. California · Mar 19, 2021

    (Id.) 21 In opposition to the pending motion, plaintiff argues that he is decedent’s successor in 22 interest because any “beneficiary of an estate qualifies as a successor … 21 Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the 22 deprivation of any rights, privileges, or immunities

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