Case law
Opinions from 1658 to today.
6,306 results
1.88s
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
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 23, 2021
The Supreme Court has cautioned, however, that the range of reasonable judgments may depend in part on the nature of the relevant rule argued to be clearly established federal law. Yarborough v. … Where holdings of the Supreme Court regarding the issue presented on habeas review are lacking, “it cannot be said that the state court ‘unreasonabl[y] appli[ed] clearly established Federal law.’” Carey v.
Cited 0 timesUnknownOur Watch With Tim Thompson v. Bonta
District Court, E.D. California · Apr 8, 2024
An actual case or 25 controversy will be held to exist when a plaintiff establishes standing. Lujan v. … (Id.) 9 Contrary to plaintiff’s characterization, “[a]ddressing” the effects of SB 107 is clearly not 10 synonymous with counteracting an injury caused by SB 107.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 11, 2026
Specifically, Defendants’ insurers will pay 13 $1.5 million into a Qualified Settlement Fund for distribution to class members. (Id.) … In re Immune Response Sec. Litig., 497 F. Supp. 2d 15 1166, 1177 (S.D. Cal. 2007); see also Davis v.
Cited 0 timesUnknownDistrict Court, E.D. California · May 13, 2021
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 13 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Although the conditions plaintiff alleges are 16 sufficient to establish a violation of his rights under either the Fourteenth Amendment, he does 17 not allege facts showing that those conditions were the result of a
Cited 0 timesUnknownPayne v. Merced County Public Defender's Office
District Court, E.D. California · Jan 11, 2024
According to the operative complaint, in 2007, the Merced County Superior Court 4 detained Plaintiff on a petition alleging he qualified as a SVP. … partially denied Defendants’ motion to dismiss as follows: (1) granting the motion to dismiss based on the statute of limitations with leave to amend; (2) denying the motion to 26 dismiss based on absolute legislative immunity
Cited 0 timesUnknownDistrict Court, E.D. California · May 5, 2021
complaint or portion thereof if the prisoner has raised claims that are 2 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 3 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 7 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 13, 2021
Circuit court precedent “‘may be 9 persuasive in determining what law is clearly established and whether a state court applied that 10 law unreasonably.’” Stanley, 633 F.3d at 859 (quoting Maxwell v. … Further, where courts of appeals have diverged in their treatment of an issue, 17 it cannot be said that there is “clearly established Federal law” governing that issue.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 9, 2019
s complaint, or any portion thereof, is subject to dismissal if it is frivolous or 1 malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief 2 from a defendant who is immune … Board of Education, 330 U.S. 1, 15 (1947). 10 Prisoners “clearly retain protections afforded by the First Amendment....” O’Lone v.
Cited 0 timesUnknown(SS) Schilling v. Commissioner of Social Security
District Court, E.D. California · Dec 5, 2022
A 13 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 14 proof from step one through step four. 15 Before making the step four determination … Berryhill, 874 F.3d 648, 667 (9th Cir. 2017) (“doubting” 7 that epidural steroid shots qualified as “conservative” medical treatment for fibromyalgia).
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 10, 2021
Griffin, shortly after the surgery showing that Plaintiff clearly was not 1 denied medical care by Dr. Dwivedi. Defendant contends that Dr. … As well, Plaintiff 22 argues that Defendant should not be allowed qualified immunity. 23 VI.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 16, 2023
The Court must dismiss a complaint or 24 portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can 25 be granted; or (3) seeks monetary relief from a defendant who is immune … The very obviousness of the risk may suffice to establish the knowledge element. 8 See Wallis v. Baldwin, 70 F.3d 1074, 1077 (9th Cir. 1995).
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 28, 2023
“[A] judge may dismiss . . . claims which are ‘based on 27 indisputably meritless legal theories’ or whose ‘factual contentions are clearly baseless.’” 28 Jackson v. … In December 2020, plaintiff filed a grievance 15 stating that defendant Covello was attempting to create herd immunity by moving inmates to 16 Building Two and placing them with another inmate so they could contract COVID
Cited 0 timesUnknownCalifornia Democratic Party v. Jones
984 F. Supp. 1288 · District Court, E.D. California · Nov 24, 1997
Under Proposition 198 “All persons entitled to vote, including those not affiliated with any political party, shall have the right to vote ... at any election in which they are qualified to vote, for any candidate regardless … Id. at 224 n. 13, 107 S.Ct. at 554 n. 13 ("Our holding today does not establish that state regulation of primary voting qualifications may never withstand challenge by a political party or its membership.”). Nader v.
Cited 6 timesPublishedDistrict Court, E.D. California · Oct 14, 2020
California 11 Dept. of Corrections, 554 F.3d 747, 752 (9th Cir. 2009) (finding CDCR as agency of State of 12 California enjoys immunity from suit conferred by the Eleventh Amendment). … established that “inmates lack a separate 13 constitutional entitlement to a specific prison grievance procedure.”
Cited 0 timesUnknown(SS) Hudson v. Commissioner of Social Security
District Court, E.D. California · Mar 20, 2020
Rather, the court relied on a categorical, 28 bright line rule that is based on well-established Circuit and Supreme Court precedent: 1 The Social Security Act grants to district courts jurisdiction to review … claim exception. 23 Plaintiff also argues that the decision not to re-open was based on reasons “so clearly 24 counterfactual as to constitute an abuse of discretion.”
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 4, 2022
The court may, therefore, dismiss a claim as frivolous where it is based on an 7 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 8 490 U.S. at 327. … Although some of his allegations state facially sufficient 2 claims for relief, the present record does not establish a likelihood of success on the merits.
Cited 0 timesUnknownFederal Energy Regulatory Commission v. Barclays Bank PLC
105 F. Supp. 3d 1121 · District Court, E.D. California · May 22, 2015
Accordingly, to the extent the Court relies upon a particular exhibit for a fact or statement contained therein in support of the Court’s ruling, it will be stated clearly and separately in the course of this Order. … The parties also agree that ICE ECM was an exempt commercial market qualifying under section 2(h)(3). (ECF No. 65 at 17; ECF No. 44 at 7, n. 4.)
Cited 8 timesPublishedDistrict Court, E.D. California · May 11, 2021
Plaintiff asserts the defendants “did not register the promissory note to establish a 14 security interest in the financial asset to take the position of a secured creditor.” … Act (“TILA”) claim is that 24 there is no debt because his “financial asset was exchanged for Federal Reserve promissory notes 25 in an even exchange” and the “failure to disclose the true nature of the exchange is clearly
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 1, 2023
Cal. 2022). 1 which relief may be granted, or that seeks monetary relief from a defendant who is immune from 2 such relief. … Plaintiff asserts that the discharge summary “clearly showed a number of life- 9 threatening medical conditions” and listed the specific dosages of insulin Plaintiff should be 10 receiving, as well as a prescription for
Cited 0 timesUnknown
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