Case law

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) Rivers v. Commissioner of Social Security

District Court, E.D. California · Mar 17, 2025

Sanders, 430 U.S. 99, 108 (1977) (Section 405(g) “clearly limits 19 judicial review to ... a ‘final decision’ of the [Commissioner] made after a hearing.”); Kildare v. 20 Saenz, 325 F.3d 1078, 1082 (9th Cir. 2003) (final … Voegele’s declaration establishes that Plaintiff did not obtain a final decision from the 13 Commissioner as to the 2015 withholding or 2022 Title II request prior to filing her action in this 14 Court and, therefore,

Arellano v. The J.M. Smucker, Co.

District Court, E.D. California · Apr 15, 2025

The parties 9 cannot “agree to certify a class that clearly leaves any one 10 requirement unfulfilled.” … The court finds no reason to doubt that plaintiff’s 24 counsel is well qualified to conduct the proposed litigation and 25 assess the value of the settlement.

Ambriz v. CVS Pharmacy, Inc.

District Court, E.D. California · Apr 3, 2020

Second Claim: Strict Products Liability 26 CVS next moves to dismiss plaintiffs’ second claim for strict liability, arguing that “[i]t is 27 well-established that a pharmacy or pharmacist cannot … However, 16 this duty is “clearly within the scope of services for which the [pharmacy] is licensed.” See So, 17 212 Cal. App. 4th at 668.

(PC) Drumwright v. Pascua

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

Dismissal based on 20 frivolousness is appropriate where the claim is “based on an indisputably meritless legal theory” 21 or “whose factual contentions are clearly baseless.” Id. at 327. … by a . . . policymaker 14 possessed with final authority to establish that policy.”

Mastronardi International Limited v. SunSelect Produce (California), Inc.

District Court, E.D. California · Aug 23, 2019

The party invoking the 9 court’s jurisdiction bears the burden of establishing the elements of Article III standing. … On this basis, Mastronardi argues in its motion brief that it is immune 15 from SunSelect’s DTSA and CUTSA claims.

(SS) Malveaux v. Commissioner of Social Security

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

. §§ 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 … Clearly, one would expect more frequent and aggressive treatment if the claimant were disabled, as 14 alleged.

Weatherby Locums, Inc. v. Kern County Hospital Authority

District Court, E.D. California · Nov 8, 2024

The Court finds KCHA has not clearly identified the portions of emails that 26 qualify as hearsay or stated reasons. … Code § 1633.7(d)), such an inference would yield an interpretation 14 that conflicts well-established principles.

(PC) Sanford v. Eaton

District Court, E.D. California · Jul 16, 2021

frivolous 28 1 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 2 relief from a defendant who is immune … lite, ‘courts should be extremely cautious’ about 16 issuing a preliminary injunction and should not grant such relief unless the facts and law clearly

(PC) Dresdner v. Sacramento County Jail

District Court, E.D. California · Feb 25, 2025

statute if, at any time, it determines that the allegation of poverty is untrue, or if the 4 action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks 5 monetary relief against an immune … Moreover, 11 if a plaintiff pursues state law claims, the plaintiff must clearly identify each claim and 12 demonstrate compliance with the California Government Claims Act as to each claim. Cal.

(SS) Mazon v. Commissioner of Social Security

District Court, E.D. California · May 1, 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 13 standard to the deferential clearly-erroneous standard). “[T]he threshold for such evidentiary 14 sufficiency is not high.” Biestek, 139 S.

(SS)(PS) Yeomans v. Commissioner of Social Security

District Court, E.D. California · Jan 13, 2025

An impairment that manifests only some of those criteria, no matter 4 how severely, does not qualify.” Sullivan v. … This is established by evidence that “changes or 13 increased demands have led to exacerbation of your symptoms and signs and to deterioration in 14 your functioning.”

(PC) Williams v. Dirkse

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

As a basic matter, the complaint does not clearly 26 state what happened, when it happened or who was involved. … authority to establish that policy.”

(PC) Fregia v. Chen

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

To initiate a health 19 care grievance, a prisoner submits CDCR Form 602 HC within thirty calendar days and must 20 “clearly and coherently” include “all information known and available to him or her regarding the 21 … The one significant qualifier is that “the remedies must indeed be ‘available’ to the 21 prisoner.” Id. at 639.

(PC) Vargas v. California Department of Corrections and Rehabilitation

District Court, E.D. California · Feb 17, 2023

Even gross negligence is insufficient to establish deliberate 25 indifference to serious medical needs. See Wood v. … The amended 6 | complaint should be clearly titled, in bold font, “Third Amended Complaint,” reference the 7 || appropriate case number, and be an original signed under penalty of perjury.

(PC) Chavez v. Kings County

District Court, E.D. California · Aug 24, 2020

“The requisite 7 causal connection may be established when an official sets in motion a ‘series of acts by others 8 which the actor knows or reasonably should know would cause others to inflict’ constitutional 9 harms … On June 18, 2020, Plaintiff went to his first physical therapy appointment. 13 While Plaintiff clearly believes he should have been given additional care and accommodations 14 sooner, and while Plaintiff has alleged

(SS)Lemay v. Commissioner of Social Security

District Court, E.D. California · Dec 6, 2019

. §§ 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 … Severity of Plaintiff’s Depression 2 To qualify for benefits, the plaintiff must have an impairment severe enough to 3 significantly limit the physical or mental ability to do basic

Avila v. Rue 21, Inc.

District Court, E.D. California · Jan 8, 2020

As far as the 18 Court can discern, Plaintiff fails to clearly admit that the amount in controversy is $5 million or less in 19 her Motion and Reply.2 ECF Nos. 4, 6. … 20 7 It should be noted that in Six (6) Mexican Workers, the Ninth Circuit qualified

(HC)West v. Attorney General of the State of California

District Court, E.D. California · Jun 14, 2024

The Court of Appeals noted 17 Petitioner’s request did “not qualify as either an appeal or writ [and the] court cannot consider and 18 decide it and is returning it to you unfiled.” (Doc. 38 at 29). … Petitioner must demonstrate that the 16 adjudication of his claim in state court: 17 (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly

Chhang v. West Coast USA Properties LLC

District Court, E.D. California · May 3, 2024

(Opp’n 12.)4 21 The FHA’s implementing regulations clearly provide that a voucher participant is not a 22 party to or a third-party beneficiary of the HAP contract, nor should the “HAP contract … Plaintiff briefly argues 24 20 C.F.R. § 8.1 establishes HACM’s liability. (Opp’n 9.)