Case law

Raudelunas v. City of Vallejo

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

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.. … Ultimately to establish 5 the City’s liability on his Monell claims, Mr.

Robertson v. State of California

District Court, E.D. California · Jun 29, 2023

or portion thereof if the prisoner has raised claims that are 5 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 6 that seek monetary relief from a defendant who is immune … In the event a defendant establishes that an inmate-plaintiff has failed to fully 28 comply with the administrative exhaustion process prior to commencing an action in federal 1 court, the plaintiff’s complaint is subject

Chaudhry v. Smith

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

United States, 30 F.Supp.2d 1343 (D.N.M. 1998)); attorney-client privilege and work product doctrine, the right to privacy, and any other applicable 1 privilege or immunity.” … Id. at *2-3. 13 The documents were dual purpose documents and clearly served the purpose of providing 14 medical information to the credentialing process.

(SS) Johnson v. Commissioner of Social Security

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

The burden of proof is on a claimant to establish disability. Terry v. 28 Sullivan, 903 F.2d 1273, 1275 (9th Cir. 1990). … Chater 80 F.3d 1273, 1282 (9th Cir. 1996) (referring to the test established in Cotton, 799 7 F.2d 1403 (9th Cir. 1986)).

Valley Children’s Hospital v. Grimmway Enterprises, Inc.; Grimmway Enterprises, Inc. Administrative Group Welfare Plan

District Court, E.D. California · Mar 26, 2026

First, 21 they argue that Plaintiff lacks the requisite injury-in-fact to establish Article III standing and 29 22 U.S.C. § 1132. … The anti-assignment provision clearly 23 invalidates Patient O’s transfer of “benefits.”

(SS) Sanguras v. Commissioner of Social Security

District Court, E.D. California · Jun 23, 2023

Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 19 To qualify for benefits under the Social Security Act, a plaintiff must establish that 20 … 8 9 This explanation is clearly

(PC) Neal v. State of California

District Court, E.D. California · Aug 22, 2019

If plaintiff suffers from brain 23 damage that affects his ability to write clearly, causes him to suffer from short term memory loss 24 and impacts his ability to learn and understand, it is not clear how access to a … Because plaintiff has not established any violation 8 of his constitutional rights, his claims alleging that defendants failed to train their subordinate 9 staff does not state a potentially colorable claim for relief

(PC) Green v. State of California

District Court, E.D. California · Jun 29, 2023

or portion thereof if the prisoner has raised claims that are 5 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 6 that seek monetary relief from a defendant who is immune … In the event a defendant establishes that an inmate-plaintiff has failed to fully 28 comply with the administrative exhaustion process prior to commencing an action in federal 1 court, the plaintiff’s complaint is subject

(PC) Hart v. State of California

District Court, E.D. California · Jun 29, 2023

or portion thereof if the prisoner has raised claims that are 5 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 6 that seek monetary relief from a defendant who is immune … In the event a defendant establishes that an inmate-plaintiff has failed to fully 28 comply with the administrative exhaustion process prior to commencing an action in federal 1 court, the plaintiff’s complaint is subject

(PC) Groux v. CA Prison Industry Authority

District Court, E.D. California · Feb 14, 2024

complaint or portion thereof if the prisoner 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 … The court may, therefore, dismiss a claim as frivolous when it is based on an 12 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 13 490 U.S. at 327.

Hindu American Foundation, Inc. v. Kish

District Court, E.D. California · Aug 31, 2023

An 19 actual case or controversy will be held to exist when a plaintiff establishes standing. … In fact, plaintiff’s complaint does 13 not even clearly allege what its mission is. (See Doc. No. 1 at ¶ 5.)

(PC) Carroll v. State of California

District Court, E.D. California · Jun 29, 2023

or portion thereof if the prisoner has raised claims that are 5 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 6 that seek monetary relief from a defendant who is immune … In the event a defendant establishes that an inmate-plaintiff has failed to fully 28 comply with the administrative exhaustion process prior to commencing an action in federal 1 court, the plaintiff’s complaint is subject

J.B. v. Tuolumne County Superintendent of Schools

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

Swaffar also did not clearly 18 testify as to a specific date on which she believed residential treatment was required. … The plan was written clearly in English and in terms 20 understandable by the general public.

(HC) Bonilla v. Matteson

District Court, E.D. California · Dec 29, 2021

App’x. 389, 390 (9th Cir. 2019) (holding that 4 Sanchez “does not count as clearly established federal law,” because it “is not a United States 5 Supreme Court decision”); Zavala v. … The state appellate court correctly identified and 4 applied Crawford, which is the clearly established federal law applicable to confrontation claims 5 involving hearsay.

(PC) Buchanan v. Plata

District Court, E.D. California · Jun 6, 2024

ECF No. 8 at 5-6. 1 Given these clearly established facts, there is no question that Plaintiff is a three strikes 2 litigant within the meaning of 28 U.S.C. § 1915(g). … These assertions, he argues, are sufficient to establish that he was 17 in imminent danger of serious physical harm.

(PC) Martinez v. Campbell

District Court, E.D. California · Mar 7, 2024

frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 28 1 “seek[] monetary relief against a defendant who is immune … a ... policymaker possessed 10 with final authority to establish that policy.”

(HC) Khatkar v. CDCR

District Court, E.D. California · Mar 5, 2020

Circuit court precedent “may be persuasive in 16 determining what law is clearly established and whether a state court applied that law 17 unreasonably.” Stanley, 633 F.3d at 859 (quoting Maxwell v. … Further, where courts of appeals have diverged in 24 their treatment of an issue, it cannot be said that there is “clearly established Federal law” 25 governing that issue. Carey v.

(HC) Contreras v. People of the State of California

District Court, E.D. California · Jul 28, 2020

Legal Standard 10 The law on sufficiency of the evidence is clearly established by the United States Supreme 11 Court. … Absent such “clearly established Federal law,” we cannot 27 conclude that the state court's ruling was an “unreasonable application.” Musladin, 549 U.S. at 77, 127 S.Ct. 649.

(PC) Uhuru v. Benavidez

District 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 … Nonetheless, while the court has clearly 27 stated that one of the “basic elements” of a First Amendment retaliation claim is that the adverse 28 action “chilled the inmates exercise of his First Amendment rights,” id

Sydney Brooke Roberts and David Tyrone Samuel v. Sacramento Housing and Redevelopment Agency, et al.

District Court, E.D. California · Jun 10, 2026

A plaintiff alleging a violation of 23 Title II of the ADA “must show: (1) he is a ‘qualified individual with a disability’; (2) he was 24 either excluded from participation in or denied the benefits of a public entity … The number of bedrooms covered by a voucher—unlike the conditions of 11 a particular apartment—clearly comes within the scope of the program operated by defendants, 12 and the record presented to the court does not permit