Case law

Kryzhanovskiy v. Amazon.com Services, Inc.

District Court, E.D. California · Sep 13, 2024

The Gross Settlement Fund 20 will be deposited into a Qualified Settlement Fund2 to be established by the Settlement 21 Administrator within 30 calendar days of the Effective Date and does not include the employer’s … The Settlement Administrator shall establish a Qualified 13 Settlement Account and send the instructions to counsel for Defendants. 14 11.

(SS) Gomez v. Commissioner of Social Security

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

A 19 claimant establishes a prima facie case of qualifying disability once he has carried the burden of 20 proof from step one through step four. 21 Before making the step four determination … 10 evidence from an “acceptable medical source in order to establish [its] existence.”

(PC) Israel v. Newsome

District Court, E.D. California · Aug 16, 2022

The court may dismiss a claim as frivolous if it is based on an indisputably meritless legal 22 theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … Excessive Force under the Eighth Amendment 14 In order to establish a claim for the use of excessive force in violation of the Eighth 15 Amendment, a plaintiff must establish that prison

(SS) Verreault v. Commissioner of Social Security

District Court, E.D. California · Dec 29, 2022

Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 20 To qualify for benefits under the Social Security Act, a plaintiff must establish that 21 … For the period from 2014 to 2018, the testimony does 15 not clearly establish (nor does the medical evidence support) that Plaintiff would unavoidably be 16

(PC) Sekona v. Trujillo

District Court, E.D. California · Dec 30, 2019

complaint, or any portion thereof, is subject to dismissal if it is frivolous 24 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 25 relief from a defendant who is immune … As pled, Plaintiff’s complaint does not clearly and succinctly state what 8 happened or when it happened.

(HC) Lopez v. Fisher

District Court, E.D. California · Jun 3, 2021

However, effective communication could be achieved by 21 using simple English, speaking slowly and clearly, repeating and rephrasing information, and 22 confirming he understood. … No. 19-1). 1 simple English spoken clearly and slowly was sufficient for communication. (Id.).

(HC)Hendrix v. Montgomery

District Court, E.D. California · Jun 29, 2022

The focus of the latter inquiry is on whether the state court’s application of clearly established federal law is objectively 2 unreasonable, and we stressed in Williams [v. … Also, evidence was presented 7 concerning other qualifying acts such as speeding.

Mitchell v. Lineage Logistics Services, LLC

District Court, E.D. California · Feb 27, 2025

The Federal Arbitration Act generally requires courts to enforce 12 arbitration agreements 13 The FAA establishes a strong federal policy favoring arbitration, requiring … Id. at *3 (“By clearly distinguishing 23 between the violation (no breaks) and the remedy (extra compensation), Naranjo did 24 not recharacterize a claim for meal-and-rest-break violations as an action to collect 25

(PC) Sierra v. Covello

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

or portion thereof if the prisoner has raised claims that are legally 25 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 26 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 2 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 3 490 U.S. at 327.

(SS)Keo v. Commissioner of Social Security

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

1035, 1038 (9th Cir. 2008). 19 To qualify … have experienced increased improvement had he been more compliant with treatment. 19 Finally, Plaintiff emphasizes that he testified very clearly

(PC) Quair v. Robinson

District Court, E.D. California · Jan 25, 2022

Lieutenant 6 Collier, Case No. 1:21-cv-01474-HBK, because Plaintiff had not established that the cases 7 involved common questions of law or fact. (Id at 2-3.) … Plaintiff is Prop 47 14 qualified and has submitted several requests for an ankle monitor. (Id.) Jail officials are 15 attempting to kill Plaintiff. (Id.)

(HC) Wren v. Ndoh

District Court, E.D. California · Apr 22, 2020

See 544 U.S. at 418 12 (finding that the petitioner was not entitled to equitable tolling, because he had not established the 13 requisite diligence). … While petitioner does not clearly allege a claim for custody credits pursuant to 28 Proposition 57, most courts have concluded that this claim falls outside the “core of habeas 1 For the reasons discussed above,

(DP) Weaver v. Chappell

District Court, E.D. California · Sep 20, 2021

an unreasonable 7 application of, [the] clearly established Federal law.” … Petitioner has not provided clearly 19 established federal authority otherwise.

(HC) McAlister v. Foss

District Court, E.D. California · Apr 21, 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. … established Federal law.’”

United States v. Organic Pastures Dairy Company LLC

District Court, E.D. California · May 24, 2024

(Doc. 50-2 at 18-24; Doc. 60 at 2.) 26 First, regarding the alleged 2(B) violation, the Government argues that the raw cheddar cheese product qualifies as an unapproved 27 drug because … Armour & Co., 402 U.S. 673, 681–82 (1971) 5 (emphasis in original, footnote omitted). 6 If an injunction does not clearly describe prohibited or required conduct

TG v. Kern County

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

(Id. at 33-34, ¶ 184) According to Plaintiffs, “[t]hese impairments 5 substantially limit one or more major life activities of T.G., qualifying him as an individual with a 6 disability.” … Litig., 396 3 F.3d 294, 306 (3d Cir.2005); In re Immune Response Sec. Litig., 497 F.Supp.2d 1166 (S.D.

(PS) Miller v. Sacramento City Unified School District

District Court, E.D. California · Oct 14, 2021

The School District continually refused to 14 release the file to her, which she states is “clearly discrimination and exclusion.” … Even assuming this 15 qualifies as a disability under the ADA, this claim suffers from the same defects as her Title VII 16 and ADEA claims.

(PC) John E. Mitchell v. Baeza

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

Aug. 11, 2015) (“It is well 1 established that being revealed as a snitch may be sufficient to [establish a substantial risk of 2 serious harm].”) … Accordingly, it does not establish a retaliation claim. 12 2.

Richards v. City of Citrus Heights

District Court, E.D. California · Mar 23, 2022

She claims these charges were 15 unsupported by evidence, and she argues that even if she had done what the Police Department 16 claimed, those actions would not have qualified as misconduct. See id. … L’Oreal USA, Inc., 36 Cal. 4th 1028, 1042 11 (2005). 12 Here, the complaint does not clearly identify which “adverse employment actions” were 13 retaliatory

(HC) Cuevas v. Sullivan

District Court, E.D. California · Sep 30, 2020

established federal law. … established federal law.