Case law

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.

(SS) Jones v. Commissioner of Social Security

District Court, E.D. California · Mar 19, 2020

Sec’y of 11 Health and Human Servs., 812 F.2d 509, 510 (9th Cir. 1987). 12 REVIEW 13 In order to qualify for benefits, a claimant must establish … The 20 burden is on the claimant to establish disability. Terry v.

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.

Fayeda Abdullah Alawi v. U.S. Citizenship and Immigration Services (USCIS)

District Court, E.D. California · Aug 12, 2021

Cal. 2002) (“[A]n amendment is ‘futile’ only if it would clearly be subject 11 to dismissal . . . … In light of your unique facts, USCIS now accepts your divorce as sufficient evidence that you qualify as 23 an unmarried child of a U.S.

(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.

Valdez v. Ford Motor Company

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

The court concluded that “[p]laintiff clearly alleges a design defect, 8 rather than a manufacturing defect” because the brakes on “[p]laintiff’s vehicle were just like the 9 [brakes] on other vehicles manufactured and … As 27 discussed above, Valdez fails to establish a violation of the Song-Beverly Act.

CDCR

District Court, E.D. California · Aug 25, 2026

injuries (Doc. 91 at 4) 13 Under the Federal Rules of Evidence, a lay witness may offer testimony that is “(a) 14 rationally based on the witness’s perception; (b) helpful to clearly … Plaintiff indicates that he “intends to lay the proper foundation through a custodian of 27 records or other qualified witness who understands the hospital’s record-keeping system.” (Id. at 28 12.)

(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.

(SS) Huff v. Commissioner of Social Security

District Court, E.D. California · Feb 10, 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 … Irrespective of Plaintiff’s lack of follow up, the urology records establish his need to urinate more than normal.

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.

(PC)Dilbert v. CDCR

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

any cognizable claims 12 and dismiss the complaint, or any portion, if is frivolous or malicious, that fails to state a claim 13 upon which relief may be granted, or that seeks monetary relief from a defendant who is immune … Plaintiff bears the burden of clearly satisfying all four prongs. Alliance for the Wild 28 Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011).

(PC) Nieves v. Allison

District Court, E.D. California · Sep 13, 2023

Dismissal based on 11 frivolousness is appropriate where the claim is “based on an indisputably meritless legal theory” 12 or “whose factual contentions are clearly baseless.” Id. at 327. … Further, to state a procedural due process claim, a plaintiff must establish “a legitimate 19 claim of entitlement” to the relief sought. Ky. Dep’t of Corr. v.

(SS) Cervantes v. Commissioner of Social Security

District Court, E.D. California · Mar 19, 2024

The Commissioner maintains, “it is well established that there is no such 17 conflict.” (Id., citation omitted.) … Id. 25 The matter before the Court is clearly analogous to the issues before the Ninth Circuit in 26 Ranstrom.

(PC) Ellis v. County of Kern

District Court, E.D. California · May 4, 2022

Further, enforcement of consent decrees is governed by the 4 established contract principle that non-parties, as intended third party beneficiaries, may enforce 5 an agreement. Id. … lite, ‘courts should be extremely cautious’ about 22 issuing a preliminary injunction and should not grant such relief unless the facts and law clearly

(SS) Cavazos v. Commissioner of Social Security

District Court, E.D. California · May 11, 2023

A 2 claimant establishes a prima facie case of qualifying disability once he has carried the burden of 3 proof from step one through step four. 4 Before making the step four determination … The ALJ also considered 4 the paragraph C criteria and determined the record does not establish the presence of paragraph C 5 criteria.

Clear Connection Corporation v. Comcast Cable Communications Management, LLC

District Court, E.D. California · Nov 17, 2020

Evid. 201. 1 In the endeavor to establish the existence of a factual dispute, the opposing party need not 2 establish a material issue of fact conclusively in its favor. … Thus, 4 Comcast has not established damages as a matter of law.

Martun Kartashyan v. Warden of the Golden State Annex Detention Facility, et al.

District Court, E.D. California · Dec 31, 2025

The IJ found 7 that “DHS has neither established a fundamental change in circumstances such that [petitioner’s] 8 life or freedom would no longer be threatened in Armenia, nor established that [petitioner] could 9 safely … Petitioner has been detained more than 13 months. 25 Compared to the six-month presumptive period set forth in Zadvydas, beyond which continued 26 detention becomes prolonged, petitioner’s detention qualifies as prolonged

Ever.Ag, LLC v. Milk Moovement, Inc.

District Court, E.D. California · Apr 13, 2022

(FAC ¶¶ 42, 49.) 11 Defendants argue that the FAC’s allegations regarding 12 an email from CDI sending reports to defendants are insufficient 13 because the email does not clearly … does not require 6 that the confidential information qualify as a ‘trade secret.’” 7 See Integral Dev. Corp. v. Tolat, 675 F.

Yith v. Wolf

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

Holder, 607 F.3d 1213, 1217 (9th Cir. 13 2010). 14 Whether a marriage is a “qualifying marriage” for immigration purposes, i.e. entered into 15 “in … Finally, the evidence establishes that 4 Nelms was the last person to whom Neth’s A-file could be clearly traced, in July 2006.

(SS) Eilrich v. Commissioner of Social Security

District Court, E.D. California · Jul 31, 2023

When 19 determining whether the ALJ’s conclusions are supported by substantial evidence, the court 20 reviews the record as a whole, Luther, 891 F.3d at 875, and cannot reverse just because a decision 21 fails to be clearly … Puestow is also a doctor of internal medicine (AT 850) and otherwise 28 appears qualified to opine on medical evidence in this context.