20 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,093 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 4,948 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 3,301 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."
Jennings v. Marralle
8 Cal.4th 121 (Cal. 1994) Cited 560 times
Finding no public policy claim against employers who have not violated the law
Hersant v. Department of Social Services
57 Cal.App.4th 997 (Cal. Ct. App. 1997) Cited 492 times
Holding that "to avoid summary judgment, an employee claiming discrimination must offer substantial evidence that the employer's stated nondiscriminatory reason for the adverse action was untrue or pretextual, or evidence the employer acted with a discriminatory animus, or a combination of the two, such that a reasonable trier of fact could conclude the employer engaged in intentional discrimination.
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"
Hanson v. Lucky Stores, Inc.
74 Cal.App.4th 215 (Cal. Ct. App. 1999) Cited 381 times 3 Legal Analyses
Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"
Jensen v. Wells Fargo Bank
85 Cal.App.4th 245 (Cal. Ct. App. 2000) Cited 360 times 1 Legal Analyses
Holding that the critical question in a failure-to-accommodate case is "whether the informal process broke down, and, if so, which party was responsible"
Gelfo v. Lockhead Martin Corp.
140 Cal.App.4th 34 (Cal. Ct. App. 2006) Cited 292 times 1 Legal Analyses
Ruling that Kaplan's reasoning should not be applied to similarly limit California discrimination laws
Wills v. Superior Court
194 Cal.App.4th 312 (Cal. Ct. App. 2011) Cited 228 times 6 Legal Analyses
Holding "purpose of FEHA's administrative exhaustion requirement is to ensure DFEH is provided the opportunity to resolve disputes and eliminate unlawful business practices through conciliation"
Section 1200 - Hearsay rule
Cal. Evid. Code § 1200 Cited 2,235 times
Prohibiting the introduction of "a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated" subject to certain exceptions

Memorandum Points and Authorities

20 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."

Finding no public policy claim against employers who have not violated the law

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"

Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"

Holding that the critical question in a failure-to-accommodate case is "whether the informal process broke down, and, if so, which party was responsible"

Ruling that Kaplan's reasoning should not be applied to similarly limit California discrimination laws

Holding "purpose of FEHA's administrative exhaustion requirement is to ensure DFEH is provided the opportunity to resolve disputes and eliminate unlawful business practices through conciliation"

Prohibiting the introduction of "a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated" subject to certain exceptions