50 Cited authorities

Clark Cty. Sch. Dist. v. Breeden
532 U.S. 268 (2001) Cited 5,554 times 12 Legal Analyses
Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"
Medimmune, Inc. v. GenenTech, Inc.
549 U.S. 118 (2007) Cited 2,656 times 91 Legal Analyses
Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"
Yanowitz v. L'Oreal USA Inc.
36 Cal.4th 1028 (Cal. 2005) Cited 1,582 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."
Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,091 times
Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"
Zelig v. County of Los Angeles
27 Cal.4th 1112 (Cal. 2002) Cited 970 times 1 Legal Analyses
Finding public entity could not be liable under respondeat superior because the plaintiff had failed to allege that the public employees were engaged in conduct within the scope of employment that would render the public employee liable to the plaintiff
Morgan v. Regents of University of California
88 Cal.App.4th 52 (Cal. Ct. App. 2000) Cited 652 times 4 Legal Analyses
Holding plaintiff "must obtain from the [DFEH] a notice of right to sue in order to be entitled to file a civil action in court based on violations of FEHA"
Richmond v. Oneok, Inc.
120 F.3d 205 (10th Cir. 1997) Cited 665 times
Holding that a three month period, standing alone, is too long to infer causation from temporal proximity
Miklosy v. Regents of University of California
44 Cal.4th 876 (Cal. 2008) Cited 467 times 1 Legal Analyses
Holding that when "alleged wrongful conduct ... occur at the worksite, in the normal course of the employer-employee relationship ... workers' compensation is a plaintiff exclusive remedy for any injury that may" result
O'Neal v. Ferguson Const. Co.
237 F.3d 1248 (10th Cir. 2001) Cited 589 times 1 Legal Analyses
Holding that a filing with the Equal Employment Opportunity Commission is a protected activity
Romano v. Rockwell Internat., Inc.
14 Cal.4th 479 (Cal. 1996) Cited 585 times
Holding that a FEHA action for discriminatory discharge does not commence until the actual discharge
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 25,140 times 63 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Section 10005 - Obtaining a Right-to-Sue Notice from the Department
Cal. Code Regs. tit. 2 § 10005 Cited 10 times
Allowing complainants to waive investigation by DFEH in favor of obtaining an immediate right-to-sue notice

Memorandum Points and Authorities

50 Cited authorities

Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

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 the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"

Finding public entity could not be liable under respondeat superior because the plaintiff had failed to allege that the public employees were engaged in conduct within the scope of employment that would render the public employee liable to the plaintiff

Holding plaintiff "must obtain from the [DFEH] a notice of right to sue in order to be entitled to file a civil action in court based on violations of FEHA"

Holding that a three month period, standing alone, is too long to infer causation from temporal proximity

Holding that when "alleged wrongful conduct ... occur at the worksite, in the normal course of the employer-employee relationship ... workers' compensation is a plaintiff exclusive remedy for any injury that may" result

Holding that a filing with the Equal Employment Opportunity Commission is a protected activity

Holding that a FEHA action for discriminatory discharge does not commence until the actual discharge

Granting district courts the authority to create a remedy with the force of a final judgment

Allowing complainants to waive investigation by DFEH in favor of obtaining an immediate right-to-sue notice