27 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,114 times 96 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
Aguilar v. Atlantic Richfield Co.
25 Cal.4th 826 (Cal. 2001) Cited 4,950 times 2 Legal Analyses
Concluding that the gathering and dissemination of pricing information by the petroleum companies through an independent industry service did not imply collusive action where there was no evidence the information was misused as a basis for an unlawful conspiracy; rather, evidence suggested that individual companies used all available resources “to determine capacity, supply, and pricing decisions which would maximize their own individual profits”
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,303 times 4 Legal Analyses
Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
Reid v. Google, Inc.
50 Cal.4th 512 (Cal. 2010) Cited 1,116 times 16 Legal Analyses
Holding that a high degree of foreseeability is required to impose a duty to hire security guards and that “the requisite degree of foreseeability rarely, if ever, can be proven in the absence of prior similar incidents of violent crime on the landowner's premises”
Bachelder v. America West Airlines
259 F.3d 1112 (9th Cir. 2001) Cited 602 times
Holding that § 825.220(c)"is a reasonable interpretation of the statute's prohibition on ‘interference with’ and ‘restraint of’ employee's rights under the FMLA" and that "[t]he Labor Department's conclusion that employer use of ‘the taking of FMLA leave as a negative factor in employment actions' ... violates ... the Act is ... a reasonable one"
King v. United Parcel Services, Inc.
152 Cal.App.4th 426 (Cal. Ct. App. 2007) Cited 383 times 1 Legal Analyses
Holding employer had no duty to accommodate employee who returned to work with a doctor's note releasing him back to "regular duties and hours" and who admitted he was able to "get the job done"
Trujillo v. North County Transit Dist.
63 Cal.App.4th 280 (Cal. Ct. App. 1998) Cited 482 times 2 Legal Analyses
Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"
Teselle v. McLoughlin
173 Cal.App.4th 156 (Cal. Ct. App. 2009) Cited 343 times
Stating that a right to an accounting can exist solely from possession by the defendant of money which, because of the parties' relationship, the defendant is obliged to surrender
Knapp v. Doherty
123 Cal.App.4th 76 (Cal. Ct. App. 2004) Cited 329 times 1 Legal Analyses
Holding with respect to other notices required to foreclose that the "trustor need not receive actual notice of the trustee's sale so long as notice is provided to the trustor that is in compliance with the statute."
Horn v. Cushman & Wakefield Western, Inc.
72 Cal.App.4th 798 (Cal. Ct. App. 1999) Cited 380 times 1 Legal Analyses
Holding that evidence of positive performance reviews, commendations, salary increases, and vague assurances that Plaintiff would become a sales manager was not sufficient to create a triable issue of fact as to whether the parties had implicitly agreed [the company's] right to terminate [him] would be limited."

Order Submitted Matter

27 Cited authorities

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Holding that a high degree of foreseeability is required to impose a duty to hire security guards and that “the requisite degree of foreseeability rarely, if ever, can be proven in the absence of prior similar incidents of violent crime on the landowner's premises”

Holding employer had no duty to accommodate employee who returned to work with a doctor's note releasing him back to "regular duties and hours" and who admitted he was able to "get the job done"

Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"

Stating that a right to an accounting can exist solely from possession by the defendant of money which, because of the parties' relationship, the defendant is obliged to surrender

Holding with respect to other notices required to foreclose that the "trustor need not receive actual notice of the trustee's sale so long as notice is provided to the trustor that is in compliance with the statute."