Case law

Sheikhalizadehjahed v. Gaudiosi

District Court, E.D. California · Oct 16, 2024

. § 204.1(a)(1). 12 At step one, the U.S. citizen or lawful permanent resident (LPR) files a petition with 13 USCIS to establish a qualifying relationship between the … Id. 6 Regulations establish certain timelines for any post-refusal processing.

Sacramento Downtown Arena LLC v. Factory Mutual Ins. Co.

District Court, E.D. California · Oct 21, 2024

Cal. 12 2020), aff’d, 62 F.4th 473 (9th Cir. 2023) (finding statements qualified as lay opinion testimony 13 under Federal Rule of Evidence 701 in part because declarant’s statements were derived from his 14 personal … First, a court may revisit a prior decision if circumstances 28 demonstrate the earlier ruling was “clearly erroneous and would work a manifest injustice.” 1 Arizona v.

(SS) Mortera v. Commissioner of Social Security

District Court, E.D. California · Sep 20, 2024

(Id. at 23-24.) 8 The magistrate judge observed: “while Plaintiff may seek to suggest an alternative 9 interpretation of [the] evidence, such is not sufficient to establish reversible error.” … This information is clearly not included in Dr. Leonard’s statement. 26 Dr. Leonard did not identify any specific abilities or limitations in his opinion. (Doc. 13-2 at 607.) 27 Further, Dr.

Alam v. Blinken

District Court, E.D. California · Nov 15, 2024

USCIS verifies that 15 the petitioner is a U.S. citizen or legal permanent resident and that a qualifying 16 relationship exists between the petitioner and the beneficiary. (Id. … addition, many district court cases which have found delays 25 of less than four years reasonable involve visa petitions where plaintiffs were in the 26 United States and not facing family separation, which is clearly

(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.

(SS) Fox v. Commissioner of Social Security

District Court, E.D. California · Dec 11, 2019

However, the term “neurovascular injury” is also utilized in medical 27 terminology, however the Court could not locate any documents clearly associating the term with the acronym NVI. See, e.g., Skeens v. … (AR 21, 442.) 14 The ALJ then again emphasized that “[t]here [was] minimal treatment evidence prior to 15 the established onset date.” (AR 21.)

(PC) Dalke v. Sacramento Corrections

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

a complaint or portion thereof if the prisoner has raised claims that are 5 “frivolous, malicious, or fail to state a claim upon which relief may be granted,” or that “seeks 6 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 10 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

(PC) Blair v. CDCR

District Court, E.D. California · Jan 29, 2020

In the alternative, 9 Defendants contend they are entitled to qualified immunity. 10 1. … Plaintiff has 19 failed to provide any evidence establishing that Defendant’s actions did not reasonably advance a 20 legitimate correctional goal.

Granda v. CALPERS

District Court, E.D. California · Mar 15, 2023

attorney-client privilege, the 7 attorney work product doctrine, or other privileges, or any Party’s right to contest any such assertion. 8 Any Documents, Testimony or Information to be designated as Confidential must be clearly … The Designating Party shall have the burden on any Designation Motion of 22 establishing the applicability of its Confidential designation.

(PC) Barrett v. Ciolli

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

“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 14 monetary relief from a defendant who is immune … The basis 13 of a Bivens action is some illegal or inappropriate conduct on the part of a federal official or agent 14 that violates a clearly established constitutional right. Baiser v.

(PC) Thompson v. Addison

District Court, E.D. California · Mar 11, 2024

any cognizable claims and 9 dismiss the complaint, or any portion, if is frivolous or malicious, if it fails to state a claim upon 10 which relief may be granted, or if it seeks monetary relief from a defendant who is immune … Mar. 14, 4 2022) (“it is clearly established that a prisoner’s grievance, or threat or notice of intent to file a 5 grievance, is protected from retaliation.”)

(SS) Anthony T. Marrufo v. Commissioner of Social Security

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

A 21 claimant establishes a prima facie case of qualifying disability once he has carried the burden of 22 proof from step one through step four. 23 Before making the step four determination … Zurko, 527 U.S. 150, 153 (1999) (comparing the substantial-evidence standard to 2 the deferential clearly-erroneous standard). “[T]he threshold for such evidentiary sufficiency is 3 not high.” Biestek, 139 S.

Gastelum v. Hie River Park LLC

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

Plaintiff’s FAC supersedes the original complaint and serves as the 28 operative pleading before the Court for screening. 1 relief may be granted, or seeks monetary relief against a defendant who is immune … The amended complaint should be clearly and 9 boldly titled “Second Amended Complaint,” refer to the appropriate case number, and be an 10 original signed under penalty of perjury.

(PC) Johnson v. Frauenheim

District Court, E.D. California · Oct 17, 2019

Hartford, 204 F.3d 1187, 1197 (9th Cir. 2000) (‘In the simplest and 17 most absolute of terms … prisoners [have a clearly established Eighth Amendment right] to be free 18 from sexual abuse ….’); see also Women Prisoners … Here, Plaintiff does not clearly allege that Defendants 9 Salas, Bejinez, Trinidad, or Deshazo physically touched him in a sexual manner. Somers v.

Juan Espinoza v. Commissioner of Social Security

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

A claimant establishes a prima facie 8 case of qualifying disability once he has carried the burden of proof from step one through step 9 four. … The record 6 also establishes that plaintiff had been represented by counsel in the 2018 proceeding.

(PC) Valdivia v. Fresno County

District Court, E.D. California · Feb 26, 2025

The “common law governmental privilege (encompassing and referred to sometimes as the official 21 or state secret privilege) . . . is only a qualified … relied upon in support of the motion and cite the particular portions of any pleading, affidavit, 17 deposition, interrogatory answer, admission, or other document relied upon to establish

(PC) Jenkins v. Campbell

District Court, E.D. California · Mar 22, 2024

PLAINTIFF’S PRIOR STRIKES 2 A review of court records reveals that at least six cases brought by Plaintiff qualify as 3 strikes under Section 1915(g). … The complaint does not clearly state what happened, but it appears that there was some sort 20 of altercation between Plaintiff and the inmate in question who served him food. See generally 21 id.

(PC) Weston v. California Department of Corrections and Rehabilitation

District Court, E.D. California · Oct 24, 2022

in 7 this Action 8 Defendant argues that the settlement agreement resolving Fernandez bars Plaintiff’s 9 litigation in this action because it was clearly … In addition, Plaintiff argues that (1) the rights or 16 interests established in the Fernandez judgment would not be destroyed or impaired by 17 prosecution of the second action, (2) the same evidence is not

(SS) Scott v. Commissioner of Social Security

District Court, E.D. California · Aug 17, 2023

A 11 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 12 proof from step one through step four. 13 Before making the step four … If the mere passage of time and presence of additional medical 23 evidence in the record established ambiguity, a consultative examination would be required in 24 every case . . . such cases do not purport to establish

Faria v. PNC Bank National Assoc.

District Court, E.D. California · Sep 30, 2023

All. for Wild Rockies, 632 F.3d at 1131. 22 “Because Plaintiffs seek a mandatory injunction, they ‘must establish that the law and facts 23 clearly favor [their] position, not simply that [they are] likely to succeed … restraining order brought under the FDCPA and Rosenthal Act). 26 Moreover, plaintiffs have not shown that defendants PNC Bank and SN Servicing, alleged 27 to be a mortgage lender and mortgage servicer, qualify