17 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,411 times 97 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
Yanowitz v. L'Oreal USA Inc.
36 Cal.4th 1028 (Cal. 2005) Cited 1,584 times 11 Legal Analyses
Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."
Miller v. Department of Corrections
36 Cal.4th 446 (Cal. 2005) Cited 581 times 6 Legal Analyses
Holding that there was a triable issue of fact as to whether the plaintiffs could maintain a hostile work environment claim on the ground that widespread favoritism created an atmosphere demeaning to women, where a prison warden was engaged in sexual relationships with three female employees with whom he frequently engaged in public displays of sexual conduct; and who, because of their relationship with the warden, were granted employment benefits not available to others; permitted to harass the employees without repercussions; and provided advancement opportunities based upon sexual favors rather than merit
Green v. Ralee Engineering Co
19 Cal.4th 66 (Cal. 1998) Cited 488 times 2 Legal Analyses
Holding that an employee who reported the sale of defective aircraft parts did state a claim for wrongful discharge in violation of public policy because his action was directly connected to federal regulation of air safety
Tameny v. Atlantic Richfield Co.
27 Cal.3d 167 (Cal. 1980) Cited 841 times 6 Legal Analyses
Holding that at-will employees may recover tort damages from employers if they can show they were discharged in contravention of fundamental public policy
Cucuzza v. City of Santa Clara
104 Cal.App.4th 1031 (Cal. Ct. App. 2002) Cited 204 times
Holding that a state of permanence was reached when the City's only response to plaintiff's complaint about the loss of job duties was to give her the opportunity to transfer out of the department
Dudley v. Department of Transportation
90 Cal.App.4th 255 (Cal. Ct. App. 2001) Cited 187 times
Holding prima facie case under both CFRA and FMLA requires showing of causal link between exercise of right to take leave and adverse employment action
Rope v. Auto-Chlor System of Washington, Inc.
220 Cal.App.4th 635 (Cal. Ct. App. 2013) Cited 100 times 15 Legal Analyses
Holding that to constitute protected activity, there must be "some degree of opposition to . . . the employer's conduct or practices based on the employee's reasonable belief that the employer's action or practice is unlawful."
Holmes v. General Dynamics Corp.
17 Cal.App.4th 1418 (Cal. Ct. App. 1993) Cited 113 times
Affirming judgment for an employee who was terminated "for disclosing to management the company's violation of the false statements act"
Guardian North Bay v. Santa Clara Co.
94 Cal.App.4th 963 (Cal. Ct. App. 2001) Cited 39 times
H022416, H022417, H022418 2001. Filed December 21, 2001 Certified for Publication Appeal from the Superior Court of Santa Clara County Nos. CV790643, CV791144, CV791351, Hon. Gregory H. Ward, Hon. William J. Elfving Robert K. Lawrence, Paul B. Schroeder, Bjork Lawrence, Greines, Martin, Stein Richland, Robert A. Olson and Alan Diamond for Petitioner. Hooper, Lundy Bookman, Mark E. Reagan and Mark A. Johnson for California Association of Health Facilities as Amicus Curiae on behalf of Petitioner.
Section 2922 - Termination at will of either party
Cal. Lab. Code § 2922 Cited 429 times 4 Legal Analyses
Stating where an employment has no specified term, it "may be terminated at the will of either party on notice to the other."
Section 430.30 - Objection taken by demurrer; by answer
Cal. Code Civ. Proc. § 430.30 Cited 379 times 1 Legal Analyses
Authorizing demurrer to a complaint when the ground for objection appears on the face of the pleading or from any matter of which the court is required to or may take judicial notice
Section 430.41 - Meeting required before filing demurrer
Cal. Code Civ. Proc. § 430.41 Cited 86 times
Addressing meet and confer conferences following grant of demurrer with leave to amend; "Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held"
Rule 2.251 - Electronic service
Cal. R. 2.251 Cited 15 times
(a)Authorization for electronic service When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter. For purposes of electronic service made pursuant to Penal Code section 690.5, express consent to electronic service is required.[]= (Subd (a) amended effective January 1, 2022; previously amended effective January 1, 2007
Rule 2.306 - Service of papers by fax transmission
Cal. R. 2.306 Cited 12 times
(a) Service by fax (1)Agreement of parties required Service by fax transmission is permitted only if the parties agree and a written confirmation of that agreement is made. (2)Service on last-given fax number Any notice or other document to be served must be transmitted to a fax machine maintained by the person on whom it is served at the fax machine telephone number as last given by that person on any document that the party has filed in the case and served on the party making service. (b) Service
Rule 2.301 - Definitions
Cal. R. 2.301 Cited 5 times
As used in this chapter, unless the context otherwise requires: (1) "Fax" is an abbreviation for "facsimile" and refers, as indicated by the context, to facsimile transmission or to a document so transmitted. (2) "Fax transmission" means the transmission of a document by a system that encodes a document into electrical signals, transmits these electrical signals over a telephone line, and reconstructs the signals to print a duplicate of the original document at the receiving end. (3) "Fax machine"

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17 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 to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."

Holding that an employee who reported the sale of defective aircraft parts did state a claim for wrongful discharge in violation of public policy because his action was directly connected to federal regulation of air safety

Holding that at-will employees may recover tort damages from employers if they can show they were discharged in contravention of fundamental public policy

Holding that a state of permanence was reached when the City's only response to plaintiff's complaint about the loss of job duties was to give her the opportunity to transfer out of the department

Holding prima facie case under both CFRA and FMLA requires showing of causal link between exercise of right to take leave and adverse employment action

Holding that to constitute protected activity, there must be "some degree of opposition to . . . the employer's conduct or practices based on the employee's reasonable belief that the employer's action or practice is unlawful."

Affirming judgment for an employee who was terminated "for disclosing to management the company's violation of the false statements act"

Stating where an employment has no specified term, it "may be terminated at the will of either party on notice to the other."

Authorizing demurrer to a complaint when the ground for objection appears on the face of the pleading or from any matter of which the court is required to or may take judicial notice

Addressing meet and confer conferences following grant of demurrer with leave to amend; "Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held"