Case law

(PS) Gibbs v. Bridgett

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.

(PS) Gibbs v. State of California

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.

(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.

In Re Extradition of Singh

170 F. Supp. 2d 982 · District Court, E.D. California · Sep 18, 2001

Burden of Proof The cases do not clearly identify the standard of proof by which the necessary elements of the political offense exception must be judged. See United States v. … and casualties suffered over a decade in the Sikh separatist uprising in the Punjab State of India, advocating a Khalis-tan state, during the late 1980s and early 1990s meet the numerosity and political requirements to qualify

(PC) Hall v. Macomber

District Court, E.D. California · Jan 5, 2021

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … To establish a violation of this duty, 5 the prisoner must establish that prison officials were deliberately indifferent to serious threats to 6 the inmate’s safety. Farmer, 511 U.S.at 834 (citations omitted).

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) Hill v. Kernan

District Court, E.D. California · Apr 16, 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.

Williams v. Fannie Mae

District Court, E.D. California · Dec 17, 2021

Thus, the plain terms of the deed of trust establish that 6 Fannie Mae may identify a servicer to which payments must be made. … Plaintiff bears the 27 burden of clearly satisfying all four prongs. Alliance for the Wild Rockies v.

Pacific Coast Federation of Fishermen's Associations v. Gutierrez

606 F. Supp. 2d 1195 · District Court, E.D. California · Jul 18, 2008

Overall, at present, the winter-run ESU is “clearly not recovering.” (6/13 Tr. 130:19-20.) … Recovery goals include increasing the ESU’s geographic distribution and establishing additional independent populations: “Spring-run recovery will require establishment of additional populations outside of those present in

Estate of William Hennefer v. Yuba County

District Court, E.D. California · Jun 21, 2023

However, the issue of absolute immunity is not discussed anywhere in the motion. … Plaintiffs further argue that the existence 21 of Crisis Intervention PPPs “clearly indicate a special duty and a higher standard of care because 22 of the mental incapacity.” (Id.)

(SS) Ramirez-Martinez v. Commissioner of Social Security

District Court, E.D. California · Jul 18, 2025

Sec’y of Health and Human Servs., 812 F.2d 20 509, 510 (9th Cir. 1987). 21 REVIEW 22 In order to qualify … The burden is on the claimant to establish disability.

Douglas v. Kalanta

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

The Ninth Circuit, observing that 17 California recognizes as torts both intentional interference with contract and interference with 18 prospective business relations, has recognized a qualifying injury where a plaintiff … Territory or the District of Columbia, subjects, or causes 19 to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

(PC) Jakubowski v. Clendenin

District Court, E.D. California · Jun 2, 2025

The “common law governmental privilege (encompassing and referred to sometimes as the official 21 or state secret privilege) . . . is only a qualified … motion and cite the particular portions of any pleading, affidavit, 22 deposition, interrogatory answer, admission, or other document relied upon to establish

(PC)Heim v. Vovkulin

District Court, E.D. California · Mar 22, 2022

or portion thereof if the prisoner has raised claims that are legally 18 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 19 monetary relief from a defendant who is immune … Finally, plaintiff’s weight loss, constant head and 18 body aches, vomiting and diarrhea experienced because of COVID-19 establish actual loss or 19 damages.

(SS) Warecki v. Commissioner of Social Security

District Court, E.D. California · Jul 22, 2022

A 20 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 21 proof from step one through step four. 22 Before making the step four determination … Zurko, 527 U.S. 150, 153 (1999) (comparing the substantial-evidence standard to 3 the deferential clearly-erroneous standard). “[T]he threshold for such evidentiary sufficiency is 4 not high.” Biestek, 139 S.

(HC) Schuster v. Espinoza

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

. . . recent decisions”; otherwise, there is no clearly established Federal law for purposes of 28 review under AEDPA. … ’s decision was “contrary to, or involved an unreasonable 7 application of, [the] clearly established Federal law.”

Hudson v. Costco Wholesale Corp.

District Court, E.D. California · Oct 18, 2024

Any Documents, Testimony or Information to be designated as “Confidential” must 10 be clearly so designated before the Document, Testimony or Information is Disclosed or produced. 11 The parties may agree that the case … The Designating Party shall have the 15 burden on any Designation Motion of establishing the applicability of its “Confidential” 16 designation.

(PC) Koch v. Ahlin

District Court, E.D. California · Dec 20, 2019

That is, the 13 plaintiff must establish an affirmative causal link between the policy at issue and the alleged 14 constitutional violation. See City of Canton, Ohio v. … The amended complaint should be clearly and boldly 10 titled “Second Amended Complaint,” refer to the appropriate case number, and be an original 11 signed under penalty of perjury.

Cotchett, Pitre & McCarthy v. Siller

520 B.R. 796 · District Court, E.D. California · Sep 17, 2014

The court reviews “ ‘the bankruptcy court’s findings of fact under the clearly erroneous standard[,] ... its conclusions of law de novo,’ ” Clinton v. Acequia, Inc. … Attorney James Wagstaffe, qualified as an expert on attorneys’ fees, was asked to provide his opinion on the reasonable value of Spiller’s services.