Case law

Board of Trustees of IBEW Local 100 Pension Trust Fund v. Cole

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

If the 21 moving party meets its initial burden, the burden then shifts to the opposing party to establish that 22 a genuine issue as to any material fact actually exists. See Matsushita Elec. Indus. Co. v. … CSLB records list Cole as the qualifying partner of CERS, and 9 Cole represented himself as the owner of CERS. See DUMF 16. CERS utilized a business 10 address of P.O.

Wright v. USAA Savings Bank

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

Circuit “set aside the Commission’s 2 treatment” of what “functions a device must perform to qualify as 3 an autodialer,” ACA Int’l, 885 F.3d at 703, defendants’ 4 proposition that the ACA International … evidence to support a finding that 21 defendants received the letter. 22 Moreover, based upon the court’s colloquy with counsel 23 at oral argument, it clearly

(SS) Malta v. Commissioner of Social Security

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

Heckler, 760 F.2d 993, 995 (9th Cir. 1985). 2 DISABILITY BENEFITS 3 To qualify for benefits under the Social Security Act, Plaintiff must establish he is unable … The burden of proof is on a claimant to establish disability. Terry v. 12 Sullivan, 903 F.2d 1273, 1275 (9th Cir. 1990).

Tibbetts v. Nationstar Mortgage LLC

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

Any Documents, Testimony, or Information to be designated as 17 “Confidential” must be clearly so designated before the Document, Testimony, or 18 Information is Disclosed or produced. … The Designating Party 5 shall have the burden on any Designation Motion of establishing the applicability of 6 its “Confidential” designation.

(PC) Thompson v. Gomez

District Court, E.D. California · Sep 30, 2022

testimony in the form of an opinion is limited 9 to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly … As to establishing 20 Defendants' liability on the constitutional questions to be raised at trial, the Court agrees with 21

Sequoia ForestKeeper v. United States Forest Service

District Court, E.D. California · Jul 23, 2021

Here, 16 the court finds that plaintiffs’ members have established standing and therefore, plaintiffs have 17 established their associational standing to bring this action. 18 B. … They argue, and all would 8 likely agree that, reducing the risk of catastrophic wildfires is clearly in the public interest.

(PC) Payne v. Baser

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

Titan Capital Corp., 914 F.2d 2 1564, 1575 (9th Cir. 1990). 3 In the endeavor to establish the existence of a factual dispute, the opposing party need not 4 establish a … [T]hat edict contains one significant qualifier: the remedies must indeed be 16 “available” to the prisoner.

(PC) Harris v. Restivo

District Court, E.D. California · Sep 10, 2020

or portion thereof if the prisoner has raised claims that are 20 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 21 that seek monetary relief from a defendant who is immune … Abbey, 263 F.3d 1070, 1074-75 (9th Cir. 2001) (en banc) 27 (“[T]here is a clearly established constitutional due process right not to be subjected to criminal 28 charges on the basis of false evidence that was deliberately

(PC) Richson-Bey v. Watrous

District Court, E.D. California · Jun 12, 2023

or portion thereof if the prisoner has raised claims that are legally 19 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 20 monetary relief from a defendant who is immune … Superior Court, 5 8 Cal.5th 175, 252 Cal.Rptr.3d 228, 448 P.3d 239 (2019) (statutory language or legislative history 6 must clearly indicate an intent to create a private right of action).” Nible v.

(PC) Stowers v. Harbako

District Court, E.D. California · Oct 15, 2020

Ct. at 1859). 1 Here, the institutional level response clearly instructed plaintiff to submit his appeal to the 2 headquarters level if he was dissatisfied. … Defendant is a doctor who is not qualified to render a legal 3 opinion. Moreover, a party may not request an admission of a legal conclusion. Fed. R. Civ.

Sidhu v. State of California, Department of Corrections and Rehabilitation

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

Sundowner Offshore Services, Inc., 523 U.S. 75, 81 (1998). 6 There is no dispute that under FEHA Plaintiff qualifies as a member of a protected group 7 because she is a female. … Being required to 6 report her whereabouts only because she is a female is “demeaning and clearly intended so.” (Doc. 20 7 at 14.) Plaintiff further alleges that it appears that Dr.

Sequoia ForestKeeper v. United States Forest Service

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

The Ninth Circuit determined 6 that the project at issue in EPIC could not qualify for the categorical exclusion for road 7 maintenance and repair base because: 8 The rationale … While the Ninth Circuit clearly stated that “felling a dangerous dead 15 or dying tree right next to the road comes within the scope of the ‘repair and maintenance’ CE,” 16 because “the [EPIC] Project allow[ed] the felling

Richards v. United States of America

District Court, E.D. California · Feb 2, 2022

Factor 3 would weigh against finding res judicata because, again, Burgess clearly establishes the 27 independent right of the Mother and the independent duty of the physician to the Mother, and thus the actions would … In Burgess, the California Supreme Court clearly 10 established a birthing mother’s standing to claim NIED damages was based on her status as a 11 traditional plaintiff with a cause of action stemming for the physician-patient

Edwin Lopez v. Commissioner of Social Security

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

Astrue, 533 F.3d 1035, 19 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 … -C Xiong clearly 12 stated that his opinion was based in part on disc bulging, the bulging was “very mild disc 13 bulging.”

Lisa Bradford v. Commissioner of Social Security

District Court, E.D. California · Jan 6, 2026

A 24 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 25 proof from step one through step four. 26 … Third, Plaintiff argues that the ALJ erred in its calculation of 4 Plaintiff’s RFC by not including limitations that are clearly supported by the record. (Id. at pp. 8- 5 9.)

(SS) Ballesteros v. Commissioner of Social Security

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

. §§ 404.1520 (a)-(f) and 416.920(a)-(f). 8 9 To qualify for benefits, the claimant must establish the inability to engage in 10 … Finally, as previously noted, 24 only “licensed physicians and certain qualified specialists” are considered acceptable medical 25 sources.

Joel Cordero Flores v. Commissioner of Social Security

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

Sec’y of Health and Human Servs., 812 F.2d 8 509, 510 (9th Cir. 1987). 9 REVIEW 10 In order to qualify … The burden is on the claimant to establish disability.

Bax v. Doctors Medical Center of Modesto

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

Bax testified that he requested an interpreter every single day during his 3 hospitalization from October 14 through October 27, 2015 because “writing is not enough 4 explanation for [him] to understand clearly … Multnomah County, 870 F.3d 939, 949 (9th Cir. 2018)). 8 To prevail on a Section 504 claim, plaintiffs must establish that: (1) they are individuals 9 with a disability; (2) they were otherwise qualified

(PC) Williams v. Price

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

Judgment on the pleadings is appropriate 9 when the moving party clearly establishes on the face of the pleadings that no material issue of 10 fact remains to be resolved and that it is entitled to judgment as a matter … “A district court will render a ‘judgment on the pleadings 23 when the moving party clearly establishes on the face of the pleadings that no material issue of 24 fact remains to be resolved and that it is entitled to

Yellowcake, Inc. v. Morena Music, Inc.

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

The copyright plaintiff bears the burden of establishing 8 a qualifying ownership interest in the copyright both as a substantive element of the infringement 9 claim and also as a necessary predicate for standing to bring … Thus, the express allegations by 17 Morena plainly and clearly demonstrate a failure to meet § 204(a)’s requirements.