§Why CasetextPricing

Demurrer__with_motion_to_strike_ccp_43010

Motion

49 Cited authorities

  1. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,498 times   101 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

  2. 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"

  3. Hughes v. Pair

    46 Cal.4th 1035 (Cal. 2009)   Cited 1,010 times   4 Legal Analyses
    Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress

  4. City of Stockton v. Superior Court

    42 Cal.4th 730 (Cal. 2007)   Cited 677 times
    Holding that contract claims are subject to the CTCA's presentment requirement; adding that the CTCA is better referred to as the Government Claims Act "to reduce confusion"

  5. Janken v. GM Hughes Electronics

    46 Cal.App.4th 55 (Cal. Ct. App. 1996)   Cited 554 times
    Holding that "[t]he intentional infliction of emotional distress claim fails" where "[t]he factual allegations . . . plead claims of discrimination" but not more

  6. Hersant v. Department of Social Services

    57 Cal.App.4th 997 (Cal. Ct. App. 1997)   Cited 493 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.

  7. Hanson v. Lucky Stores, Inc.

    74 Cal.App.4th 215 (Cal. Ct. App. 1999)   Cited 382 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"

  8. Fisher v. San Pedro Peninsula Hosp.

    214 Cal.App.3d 590 (Cal. Ct. App. 1989)   Cited 509 times
    Holding that despite sufficiently pled sexual harassment by a physician, plaintiff must also sufficiently plead employer ratified acts to plead prayer for punitive damages against employer

  9. Jensen v. Wells Fargo Bank

    85 Cal.App.4th 245 (Cal. Ct. App. 2000)   Cited 361 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"

  10. Shoemaker v. Myers

    52 Cal.3d 1 (Cal. 1990)   Cited 466 times   1 Legal Analyses
    Holding that "no employee has a vested contractual right ... beyond the time or contrary to the terms and conditions fixed by law"

  11. Section 437c - [Effective Until 1/1/2025] Motion for summary judgment

    Cal. Code Civ. Proc. § 437c   Cited 8,425 times   8 Legal Analyses
    Ruling on summary judgment motion must be based on "papers submitted" with the motion

  12. Section 1102.5 - Whistleblower protection

    Cal. Lab. Code § 1102.5   Cited 1,287 times   41 Legal Analyses
    Making it unlawful for an employer to impose any policy which "prevent an employee from disclosing information to a government or law enforcement agency ... or to another employee who has authority to investigate, discover, or correct the violation or noncompliance"

  13. Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed

    Cal. Code Civ. Proc. § 430.10   Cited 1,056 times
    Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"

  14. Section 3600 - Generally

    Cal. Lab. Code § 3600   Cited 909 times   6 Legal Analyses
    Noting that liability for compensation under California's Workers’ Compensation Act is "in lieu of any other liability whatsoever to any person "

  15. Section 232.5 - Disclosure of information regarding working conditions

    Cal. Lab. Code § 232.5   Cited 75 times
    Prohibiting disciplining employees for disclosing working conditions

  16. Section 6 - Continuation in office of persons holding office under repealed acts

    Cal. Code Civ. Proc. § 6   Cited 56 times
    Providing for an additional 3 days when served by mail

  17. Section 2856 - Compliance with employer's directions

    Cal. Lab. Code § 2856   Cited 44 times   3 Legal Analyses

    An employee shall substantially comply with all the directions of his employer concerning the service on which he is engaged, except where such obedience is impossible or unlawful, or would impose new and unreasonable burdens upon the employee. Ca. Lab. Code § 2856 Enacted by Stats. 1937, Ch. 90.

  18. Section 11021 - Retaliation

    Cal. Code Regs. tit. 2 § 11021   Cited 15 times

    (a) Retaliation Generally. It is unlawful for an employer or other covered entity to demote, suspend, reduce, fail to hire or consider for hire, fail to give equal consideration in making employment decisions, fail to treat impartially in the context of any recommendations for subsequent employment that the employer or other covered entity may make, adversely affect working conditions or otherwise deny any employment benefit to an individual because that individual has opposed practices prohibited

  19. Section 11002 - Definitions

    Cal. Code Regs. tit. 2 § 11002   Cited 2 times

    Unless a different meaning clearly applies from the context, the meaning of the words and phrases as defined in this section shall apply throughout this chapter: (a) "Council" or "CRC" means the State Civil Rights Council created by section 12903 of the Government Code pursuant to Senate Bill 1038 (2011-2012 Reg. Sess.) (Stat. 2012, Ch. 46) and renamed pursuant to Senate Bill 189 (2021-2022 Reg. Sess.) (Stat. 2022, Ch. 48). (b) "Department" or "CRD" means the Civil Rights Department created by section