Case law

(PS) Osborne v. Tracy Police Dept

District Court, E.D. California · Apr 30, 2021

Plaintiff asserts she was not a threat to the officers or others, but the video clearly 17 shows plaintiff was a threat to her own safety. … Plaintiff is clearly in distress, and 20 continually leans backwards over the railing.

Aquino

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

Gov’t Code § 12926(t). 13 Whether a particular employee qualifies as a “supervisor” under this definition is often a fact 14 question. See, e.g., Kelley v. The Conco Companies, 126 Cal. Rptr. 3d 651, 671 n.13 (Ct. … In cases involving inherently coercive violations, a plaintiff must show 18 specific intent—that the right at issue is clearly delineated and applicable, and that the defendant 19 acted with the purpose (or at least reckless

(SS)Perez v. Commissioner of Social Security

District Court, E.D. California · Jul 31, 2020

An ALJ can only find that a claimant’s impairments or combination of 19 impairments are not severe when her conclusion is clearly established by medical evidence. 20 Webb v. … Chater, 172 F.3d 31, 35 22 (1st Cir. 1999) (“As a lay person, ... the ALJ was simply not qualified to interpret raw medical 23 data in functional terms and no medical opinion supported the determination.”); Rohan v.

(PC) Brown v. Gutierrez

District Court, E.D. California · Jun 25, 2020

or portion thereof if the prisoner has raised claims that are 9 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 10 that seek monetary relief from a defendant who is immune … Brown was on parole, uh, he knew he was prohibited from owning a 22 shotgun, but yet, when he had to deal with a family crisis and felt threatened, it was the -- the one thing that turned to that, uh, he clearly

Pennie Roper v. Big Heart Pet Brands, Inc.

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

The allegations of the complaint clearly explain why these representations are deceptive and 18 misleading. … establish a violation of the 27 unlawful prong of the UCL.

(SS) Priestley v. Commissioner of Social Security

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

Heckler, 760 F.2d 993, 995 (9th Cir. 1985). 19 DISABILITY BENEFITS 20 To qualify for benefits under the Social Security Act, Plaintiff must establish she is unable … The Ninth Circuit clearly rejected this argument. Terry, 19 998 F.3d at 1012-13.

(SS) Ford v. Commissioner of Social Security

District Court, E.D. California · Aug 7, 2023

. §§ 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 … The ALJ clearly departed from 17 Dr.

(SS) Keener v. Commissioner of Social Security

District Court, E.D. California · Jul 10, 2023

A 3 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 4 proof from step one through step four. 5 Before making the step four determination … Zurko, 527 U.S. 150, 153 (1999) (comparing the substantial-evidence standard to 13 the deferential clearly-erroneous standard). “[T]he threshold for such evidentiary sufficiency is 14 not high.” Biestek, 139 S.

(PC) Ardds v. Hicks

District Court, E.D. California · Aug 6, 2020

s complaint, or any portion thereof, is subject to dismissal if it is frivolous 3 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 4 relief from a defendant who is immune … ). 3 Plaintiff has not shown that he was discriminated against because of his membership in 4 any protected class, as “neither prisoners nor mentally ill persons qualify

(PC) Stephen v. Tileston

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

complaint or portion thereof if the prisoner has raised claims that are legally 5 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 6 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 10 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 11 490 U.S. at 327.

Estate of Prasad ex rel. Prasad v. County of Sutter

958 F. Supp. 2d 1101 · District Court, E.D. California · Jul 30, 2013

Whittlestone, 618 F.3d at 974 (delineating how claim for damages “clearly” fails to meet any of the five enumerated grounds for striking material from a pleading). … Thus Ride-out has neither shown that Rule 12(f) is an “authorized” vehicle for the relief it seeks, Yamamoto, 564 F.2d at 1327 , nor established that claims for damages or attor *1129 neys’ fees qualify as material that may

(PC) Michel v. Weiss

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

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 14 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Weiss, Pharris, Brown, and Dobler are insufficient to 17 establish that any of these defendants retaliated against him.

(SS) Simmons v. Commissioner of Social Security

District Court, E.D. California · Aug 12, 2019

The Disability Standard 2 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 7 evidence, however, adjudication must continue through the sequential evaluation process.” SSR 8 85-28.

(HC) Donias v. Fisher

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

For federal 17 law to be clearly established, the Supreme Court must provide a “categorical answer” to the 18 question before the state court. … If a state court decision is “contrary to” clearly established law, it is reviewed to determine 7 first whether it resulted in constitutional error. See Benn v.

VibrantCare Rehabilitation, Inc. v. Deol

District Court, E.D. California · Jul 1, 2022

Relevance, however, does not establish discoverability; in 2015, a proportionality 25 requirement was added to Rule 26. … seeking “[a]ll agreements 16 containing restrictive covenants of any kind” and “all communications between or among any 17 officers, directors, representatives, or employees” related to any restrictive covenant are clearly

(HC) Moore v. Frauenheim

District Court, E.D. California · Dec 4, 2019

“Clearly Established Federal Law” 10 The phrase “clearly established Federal law” in § 2254(d)(1) refers to the “governing 11 legal principle or principles” previously articulated by the Supreme Court. … Only Supreme Court precedent may constitute “clearly established 13 Federal law,” but courts may look to circuit law “to ascertain whether . . . the particular point in 14 issue is clearly established by Supreme Court

(PC) Revis v. Sherman

District Court, E.D. California · Jan 16, 2020

complaint or portion thereof if the prisoner has raised claims that are 5 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 6 that seek monetary relief from a defendant who is immune … Wolff established five constitutionally mandated procedural requirements for 20 disciplinary proceedings.

Criswell v. Boudreaux

District Court, E.D. California · Sep 2, 2020

If they are symptom free or qualify for release from isolation under CDC 4 guidelines, they can return to general population. 5 2. … (Doc. 2 No. 16-1 at 19.) 3 The court finds that plaintiffs have clearly satisfied the requirements of Rule 23(b)(2) and 4 will provisionally certified the Proposed Class. See Parsons v.

Walker v. Police Chief

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

complaint, or any portion thereof, is subject 11 to dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be 12 granted, or if it seeks monetary relief from a defendant who is immune … Inadvertence, by 12 itself, is insufficient to establish a cause of action under Section 1983. McGuckin, 974 F.2d at 13 1060.

(SS) Jose E. Madrid v. Commissioner of Social Security

District Court, E.D. California · Feb 11, 2022

(Br. 8.) 24 Plaintiff argues he and his counsel clearly relied on the ALJ’s statements made at the 25 August 8, 2019 hearing, and a reading of the statements leads to only one conclusion: that the 26 ALJ would … Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999) (“Although the 6 appellant clearly does suffer from diabetes, high blood pressure, and arthritis, there is no 7 evidence to support his claim that those impairments