Case law

Eugene Leon Price v. Third Appellate District Court, et al.

District Court, E.D. California · Jan 27, 2026

Because it clearly appears plaintiff 21 cannot state a claim for relief based on the underlying facts, the FAC should be dismissed without 22 further leave to amend for failure to state a claim 23 … Humphrey, 512 1 U.S. 477, 487 (1994); and (3) judges acting within the course and scope of their judicial duties are 2 absolutely immune from liability for damages under 42 U.S.C. § 1983.

(PC) Puckett v. Moreno

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

ECF No. 25 91.1 Defendants further claim that they are entitled to qualified immunity. Id. … They also argue that they are 25 entitled to qualified immunity.

(PS) Storman v. Alta Regional Center

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

The court may, therefore, dismiss a claim as frivolous where it is based on an 2 indisputably meritless legal theory or where the factual contentions are clearly baseless. … “To establish a 9 prima facie case for failure to accommodate under the ADA, [a plaintiff] must show that (1) he is 10 disabled within the meaning of the ADA; (2) he is a qualified individual able to perform the 11

Van

District Court, E.D. California · Jun 4, 2026

In the alternative, defendants 13 argue Chief Turcotte had no personal participation in the alleged violation and that they are 14 entitled to qualified immunity. … Because the court grants summary judgment for defendants 16 || on this ground, the court does not reach defendants’ alternate arguments asserting qualified 17 || immunity and lack of personal participation by defendant

Gengler v. US EX REL. ITS DEPT. OF DEF. AND NAVY

453 F. Supp. 2d 1217 · District Court, E.D. California · Aug 24, 2006

It is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction." Kokkonen v. Guardian Life Ins. … Instead, Plaintiffs respond to North Star by broadly asserting that that "it is well-established that the APA waives sovereign immunity for claims of equitable relief," citing Bowen v.

Tinker v. Versata, Inc. Group Disability Income Insurance Plan

566 F. Supp. 2d 1158 · District Court, E.D. California · Jul 15, 2008

See 29 C.F.R. 2560.503-l(b) (Every plan shall establish and maintain reasonable claims procedures. … Accordingly, remand is not the appropriate remedy in this case because Continental’s termination of benefits was clearly contrary to the facts.

Nunes v. Stephens

District Court, E.D. California · Aug 31, 2021

Spencer, 24 336 F.3d 832 (9th Cir. 2003) did not constitute clearly established law. See Nunes, 983 F.3d at 25 1114. … Nunes confined its analysis to whether a 27 constitutional right was clearly established and did not address whether a constitutional violation 28 occurred.

(PC) Wells v. Gonzales

District Court, E.D. California · May 14, 2020

Qualified Immunity 21 Government officials enjoy qualified immunity from civil damages unless their conduct 22 violates “clearly established statutory or constitutional … Therefore, 8 Defendant is not entitled to qualified immunity on Plaintiff’s retaliation claim. 9 V.

Duran v. Castro

227 F. Supp. 2d 1121 · District Court, E.D. California · Oct 18, 2002

established Supreme Court precedent. … application of clearly established Supreme Court precedent.

Gengler v. United States ex rel. Department of Defense & Navy

453 F. Supp. 2d 1217 · District Court, E.D. California · Aug 24, 2006

It is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction.” Kokkonen v. Guardian Life Ins. … Instead, Plaintiffs respond to North Star by broadly asserting that that “it is well-established that the APA waives sovereign immunity for claims of equitable relief,” citing Bowen v.

Gibilisco

District Court, E.D. California · Jun 15, 2026

Defendants also argue plaintiff’s claims fail as a matter of law 5 and that they are entitled to qualified immunity. (Id. at 17-20.) … immunity. 11 CONCLUSION 12 For the reasons set forth above, IT IS RECOMMENDED as follows: 13 1.

Sassman v. Brown

73 F. Supp. 3d 1241 · District Court, E.D. California · Oct 14, 2014

Mandatory preliminary relief should not be issued unless the facts and law clearly favor the moving party. Id. … More specifically, Plaintiff contends that because he qualifies to submit an application to the ACP with reference to those criteria, he is similarly situated to females who qualify as well.

Estate of Michael Lee v. CDCR

District Court, E.D. California · Jan 22, 2021

immunity. … Chandler, 303 F.3d 1039, 1052 (9th 18 Cir. 2002). 19 Similarly, to establish a violation of § 504 of the RA, a 20 plaintiff must allege that

Crozier v. Valley Health Team, Inc.

District Court, E.D. California · Oct 7, 2024

While short, the SAC does not 17 clearly state what happened that resulted in a violation of his rights. … “To state a 19 claim for medical negligence or malpractice under California law, Plaintiff must establish ‘(1) 20 the duty of the professional to use such skill, prudence, and diligence as other members of his 21 profession

O'Campo v. Chico Mall, Lp

758 F. Supp. 2d 976 · District Court, E.D. California · Aug 13, 2010

Fed.R.Civ.P. 12(b)(1) Motion to Dismiss It is well established that the party seeking to invoke the jurisdiction of the federal court has the burden of establishing that jurisdiction exists. KVOS, Inc. v. … Under Section 55.54(b) of the Act, a qualified defendant has thirty days to file an application for a stay and early evaluation conference.

(PC) Allen v. Lopez

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

that they are not liable, and alternatively that they are entitled to 1 qualified immunity. … was clearly established at the time of the officer's alleged misconduct. 2 Pearson, 555 U.S. at 232.

(PC) Montezello v. Pesce

District Court, E.D. California · Aug 4, 2023

If the undisputed facts show no constitutional violation, or if the right was not clearly 6 established, the court should grant the official qualified immunity. Id. … In determining whether 7 the right was clearly established, the court must ask (1) whether the law governing the official’s 8 conduct was clearly established and (2) whether a reasonable official, in the same position

Green v. Anderson

811 F. Supp. 516 · District Court, E.D. California · Jan 28, 1993

Such a result would be clearly impermissible. Id. at 64 , 102 S.Ct. at 2314-15 . Similarly, in Hooper v. … Different provisions of the constitution have been relied upon as the textual source of the right to migrate, including the Privileges and Immunities Clause of Art. IV, see Zobel v.

North Valley Baptist Church v. McMahon

696 F. Supp. 518 · District Court, E.D. California · Sep 29, 1988

To qualify for a license, a day care center must comply with the administrative regulations set forth in 22 Cal. Admin. … The licensing scheme clearly establishes a pervasive regulatory relationship, complete with ongoing monitoring and supervision. That relationship, however, in no manner affects the religious objectives of the Preschool.

Twisselman

District Court, E.D. California · Jun 10, 2026

to qualifying state officials sued under 42 U.S.C. § 1983. … well- 27 established and well-understood common-law tradition that extended absolute 28 immunity to individuals performing functions