Case law

(SS) Keeler v. Commissioner of Social Security

District Court, E.D. California · Oct 1, 2019

The Disability Standard 5 To qualify for benefits under the Social Security Act, a plaintiff must establish that he or she is unable to engage in substantial gainful … “If such a finding is not clearly established by medical 6 evidence, however, adjudication must continue through the sequential evaluation process.” SSR 7 85-28.

(PC) Dailey v. Solano County Sheriff

District Court, E.D. California · Aug 28, 2023

The court may, therefore, dismiss a claim as frivolous where it is based on an 12 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 13 490 U.S. at 327. … A 25 showing of merely negligent medical care is not enough to establish a constitutional violation. 26 Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.

Nash-Perry v. City of Bakersfield

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

Bryce should be permitted to discuss it. 20 As noted by the Court in addressing the motion, under Rule 702 of the Federal Rules of Civil 21 Procedure, “[a] witness who is qualified as an expert by knowledge, skill … In addition, Plaintiffs do not establish they are entitled to the extraordinary remedy of 7 || reconsideration under Rule 60.

(HC) Borys v. Paramo

District Court, E.D. California · Aug 3, 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. … Where holdings of the Supreme Court regarding the issue presented on habeas review are lacking, “it cannot be said that the state court ‘unreasonabl[y] appli[ed] clearly established Federal law.’” Carey v.

Moreno v. Castlerock Farming and Transport, Inc.

District Court, E.D. California · Mar 28, 2022

Which parties qualify as Plaintiffs’ employers are disputed in this 27 case. 28 … Further, the strong language in China Agritech establishes a general rule against tolling of 1 class action claims absent any applicable exception.

Shrader v. Pape Trucks, Inc.

District Court, E.D. California · Sep 1, 2020

2 Under Federal Rule of Evidence 701, a witness is authorized to provide opinion 3 testimony that is “(1) rationally based on the witness’s perception, and (2) helpful to clearly … Taken together, Rules 104 and 702 focus on whether an expert witness is qualified to 9 testify, whether such testimony is relevant and whether such testimony is reliable.

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.

Jaime Jesus Villa, III v. Frank Bisignano, Commissioner of Social Security

District Court, E.D. California · Jun 3, 2026

Sullivan, 876 F.2d 683, 687 (9th Cir. 1989)). 15 “However, if a claimant establishes an inability to continue [their] past work, the burden shifts to 16 the Commissioner in step five to show that the claimant can perform … Izzi utilized as his 1 reasons for assessing such marked limitations,” and is “not qualified to interpret raw medical data in 2 functional terms.” (Doc. 12 at 8–9.)

Swift v. ClearCaptions, LLC

District Court, E.D. California · Feb 29, 2024

Rather, Plaintiff’s allegations indicate that he was 1 clearly concerned with reactivated accounts, but not that he conveyed to leadership that 2 his concerns related to a fraud component. … allege that he 13 was concerned with Defendant’s liability for fraud as opposed to, for example, the 14 possibility reactivation was resulting in Defendant wasting company resources captioning 15 calls that would not qualify

Meland v. Weber

District Court, E.D. California · Dec 27, 2021

But for the reasons set forth 22 above, this law is not clearly unconstitutional. … The 26 legislature determined that the law was necessary because the 27 glass ceiling had been bolted shut with metal, shutting out 28 thousands of qualified women. Hrg.

Lyons

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

Pursuant to § 1225(b)(2)(A), subject to certain 28 exceptions, “in the case of an alien who is an applicant for admission, if the examining officer 1 determines that an alien seeking admission is not clearly and beyond … Nov. 17, 2025) (denying motion for temporary restraining order because petitioner 4 failed to establish he was likely to succeed on the merits of his statutory claim, but also noting the 5 finding “should not be understood

(HC) Perez v. Arviza

District Court, E.D. California · May 23, 2024

Even assuming due process so requires, Petitioner has not established that he 23 needed an interpreter. … That a USB cable does not qualify as escape paraphernalia or an actual cell phone as the DHO erroneously concluded; 3.

(PC)Butler v. Robinson

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

The 2 prison does not violate the Constitution if it fails to comply with all health and safety standards. 3 Although the situation Jernigan describes is far from ideal, it is not so patently egregious or 4 clearly … No actual harm has been alleged, and Jernigan's speculative worries do 6 not establish a claim.”

(PC) McMillan v. Delgado

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

In the 10 alternative, Defendants argue they are entitled to qualified immunity. … Dep. at 6 31), there is no evidence to establish that any Defendant maliciously and sadistically fired the 40 mm 7 launcher for the very purpose of causing him harm.

(SS) Marsala v. Commissioner of Social Security

District Court, E.D. California · Mar 21, 2025

Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). 18 To qualify for benefits under the Social Security Act, a plaintiff must establish that 19 … June 9, 14 2021) (“the ALJ clearly acknowledged that Plaintiff reported ‘anxiety in crowded situations’ in 15 November 2016 and ‘continued anxiety in crowds’ in September 2017.

(PC) Sifuentes v. Ola

District Court, E.D. California · Jul 18, 2022

“[E]ven gross negligence is insufficient to establish a 24 constitutional violation.” Id. (citing Wood v. … In light of this 9 recommendation, the court declines to consider Defendant’s qualified immunity argument. 10 Therefore, based on the foregoing, it is HEREBY RECOMMENDED that: 11 1.

(SS) Ronquillo v. Commissioner of Social Security

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

Heckler, 760 F.2d 993, 995 (9th Cir. 1985). 26 DISABILITY BENEFITS 27 To qualify for benefits under the Social Security Act, Plaintiff must establish she is unable … law pre-dating its issuance of SSR 13-2p to argue 10 that the HALLEX is not judicially enforceable,” Plaintiff asserts that SSR 13-2p is “an Agency ruling 11 subsequent to the case law which may state the contrary, is clearly

(SS) Donna Murphy v. Commissioner of Social Security

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

The Disability Standard 26 To qualify for benefits under the Social Security Act, a plaintiff must establish that he or she is unable to engage in substantial … “Congress 2 clearly meant that so long as the pain is associated with a clinically demonstrated impairment, 3 credible pain testimony should contribute to a determination of disability.” Id.

Grange Insurance Association v. Price

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

The operation of machinery or equipment that is attached to, or part of, a land vehicle that would 12 qualify under the definition of mobile equipment if it … However, the non-moving party need not establish a material issue 24 of fact conclusively in its favor.

Reed v. Benjamin Moore & Co.

District Court, E.D. California · May 16, 2025

Roadrunner 21 Transportation Services, Inc., 28 F.4th 989, 994 (9th Cir. 2022) (“[I]f a defendant provided no 22 evidence or clearly inadequate evidence supporting its valuation for a claim, then it might be 23 appropriate … Meanwhile, 16 here, there are no qualifying allegations.