Case law

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

(HC) Rosiles v. Pfeiffer

District Court, E.D. California · Aug 23, 2019

However, the Ninth Circuit has clearly 25 held that “a pro se petitioner’s lack of legal sophistication is not, by itself, an extraordinary 26 circumstance warranting equitable tolling.” Rasberry v. … Here, on the contrary, the medical records establish that 5 petitioner was sufficiently competent and capable of managing his affairs before, after and during 6 the relevant limitations period.

(PC) Holston v. Viera Rosa

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

The court 3 screened plaintiff’s complaint and concluded that defendant was immune from the claims seeking 4 monetary damages. See ECF No. 15 at 4-5. … The plaintiff, as the moving party, bears the burden of 10 establishing the merits of his or her claims. See Winter v. Nat. Res. Def.

Roberto A. Martinez Flores v. Polly Kaiser, et al.

District Court, E.D. California · Feb 20, 2026

Nor do Respondents 24 argue that Petitioner properly is subject to mandatory detention under some other qualifying 25 detention provision. 26 Under these circumstances … issues of fact concerning the nature 15 and severity of Petitioner’s alleged violation of terms of his supervised release, the undersigned 16 will recommend the Court find that the government should bear the burden of establishing

Anastasia Joy Stein v. Frank Bisignano, Commissioner of Social Security

District Court, E.D. California · Sep 15, 2025

A claimant establishes a prima facie 16 case of qualifying disability once he has carried the burden of proof from step one through step 17 four. … Zurko, 527 U.S. 150, 153 (1999) (comparing the substantial-evidence 15 standard to the deferential clearly-erroneous standard). “[T]he threshold for such evidentiary 16 sufficiency is not high.”

Pogue

District Court, E.D. California · Nov 17, 2025

evidence can be gathered and preserved.”). 23 The “common law governmental privilege (encompassing and referred to sometimes as the official 24 or state secret privilege) . . . is only a qualified … need an extension of this deadline, Defendant(s) shall file a motion requesting an 28 extension of this deadline. 1 answer, admission, or other document relied upon to establish

(SS) Johnson v. Commissioner of Social Security

District Court, E.D. California · Jul 9, 2024

Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 16 To qualify for benefits under the Social Security Act, a plaintiff must establish that 17 … Portnoff’s recitation of that subjective history was clearly delineated as a history of the present 4 5 illness. AR 319–20.

Rodriguez,et al. v. M. J. Brothers, Inc.

District Court, E.D. California · Aug 21, 2019

See In re Immune Response Sec. Litig., 497 F.Supp.2d 1166, 1176 (S.D. … In re Immune Response Sec.

(PC) Hardney v. Allison

District Court, E.D. California · Oct 12, 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.

(SS) Tainter v. Commissioner of Social Security

District Court, E.D. California · Feb 3, 2023

1035, 1038 (9th Cir. 2008). 21 To qualify … To achieve uniformity in the decision-making process, the Commissioner has established 2 a sequential five-step process for evaluating a claimant’s alleged disability. 20 C.F.R. §§ 3 416.920(a)-(f).

(PC)Calderon v. Allison

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

The court may, therefore, dismiss a claim as frivolous where it is based on an 27 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 28 490 U.S. at 327. … The plaintiff, as the moving party, bears the burden of 15 establishing the merits of his or her claims. See Winter v. Nat. Res. Def.

(HC) Page v. King

District Court, E.D. California · Jun 9, 2020

(Doc. 140 at 12-13.) 2 The law on sufficiency of the evidence is clearly established by the United States Supreme 3 Court. In Jackson v. … “‘Testimony,’ in turn, is typically a solemn declaration or affirmation 11 made for the purpose of establishing or proving some fact.”

(PC) Alexander v. Guillen

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

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

Albornoz v. Wal-Mart Associates, Inc.

District Court, E.D. California · May 8, 2025

That paperwork includes forms to be filled out by a healthcare 5 provider, and Walmart’s policy provides clearly it is an employee’s responsibility to ensure their 6 healthcare provider signs and returns the necessary … “It is well-established,” Walmart argues, “that the 20 responsibility to provide timely medical certifications falls on the employee, not the employer.” 21 Id. (citing Jensen v. Wells Fargo Bank, 85 Cal.

(SS)Her v. Commissioner of Social Security

District Court, E.D. California · Jun 8, 2023

A 16 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 17 proof from step one through step four. 18 Before making the step four … An ALJ can 8 only find that claimant’s impairments or combination of impairments are not severe when his 9 conclusion is clearly established by medical evidence. Webb v.

Purnell v. Hunt

District Court, E.D. California · Jan 12, 2021

citizen of the United States or other person within 3 the jurisdiction thereof to the deprivation of any rights, privileges, or 4 immunities … The amended complaint should be clearly and boldly 21 titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 22 under penalty of perjury.

Kacey Nicole Worsham v. Commissioner of Social Security

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

Astrue, 533 F.3d 19 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 … Yang’s treatment records clearly showed that Plaintiff had debilitating vision dysfunction 25 with blindness in her left eye and low vision in her right eye. Such evidence supported Dr.

(PC) Brady v. Jones

District Court, E.D. California · Jun 24, 2021

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 15 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … It is well established that a court may take judicial notice of its own 28 records. See United States v.

Excel Fitness Fair Oaks, LLC v. Newsom

District Court, E.D. California · Mar 2, 2021

by the Numbers,” 25 https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization … insufficient to establish a regulatory taking. 13 Plaintiffs admit that since June, their gyms have been able to 14 operate, id. ¶¶ 78, 88, 94, albeit sometimes only outdoors.

(PS) Gibbs v. Shon Northam

District Court, E.D. California · Jun 8, 2022

Small, 316 F.3d 872 (9th Cir. 2002), four other circuits disagree and the 2 Supreme Court has not clearly addressed the conflict among the circuits. … In his statement of injuries, 28 Plaintiff clearly and repeatedly references a single criminal case. See id. at 5.