24 Cited authorities

Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,232 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
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."
Corning Glass Works v. Brennan
417 U.S. 188 (1974) Cited 1,424 times 7 Legal Analyses
Holding that an employer has the burden of proof to show that it falls within the stated exemption
Yanowitz v. L'Oreal USA Inc.
36 Cal.4th 1028 (Cal. 2005) Cited 1,569 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."
Guthrey v. State of California
63 Cal.App.4th 1108 (Cal. Ct. App. 1998) Cited 740 times
Granting attorneys' fees where the court held "there is absolutely no evidence on the record which supports a finding that [plaintiff] has established a prima facie case for any of his claims"
Lyle v. Warner Brothers Television Productions
38 Cal.4th 264 (Cal. 2006) Cited 472 times 5 Legal Analyses
Holding that "California courts have adopted the same standard as [Title VII] for hostile work environment sexual harassment claims."
Turner v. Anheuser-Busch, Inc.
7 Cal.4th 1238 (Cal. 1994) Cited 683 times 1 Legal Analyses
Holding that plaintiff's "claim of whistle-blower harassment fails because he cannot demonstrate the required nexus between his reporting of alleged statutory violations and his allegedly adverse treatment"
Fisher v. San Pedro Peninsula Hosp.
214 Cal.App.3d 590 (Cal. Ct. App. 1989) Cited 507 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
C.A. v. William S. Hart Union High School District
53 Cal.4th 861 (Cal. 2012) Cited 217 times 3 Legal Analyses
Finding that supervisory personnel could be vicariously liable and noting that "public school personnel may be individually liable for their negligent failure to protect students from harm at others' hands"
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
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 9,034 times 101 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”

Minute Order

24 Cited authorities

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

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 an employer has the burden of proof to show that it falls within the stated exemption

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."

Granting attorneys' fees where the court held "there is absolutely no evidence on the record which supports a finding that [plaintiff] has established a prima facie case for any of his claims"

Holding that "California courts have adopted the same standard as [Title VII] for hostile work environment sexual harassment claims."

Holding that plaintiff's "claim of whistle-blower harassment fails because he cannot demonstrate the required nexus between his reporting of alleged statutory violations and his allegedly adverse treatment"

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

Finding that supervisory personnel could be vicariously liable and noting that "public school personnel may be individually liable for their negligent failure to protect students from harm at others' hands"

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

Asking only whether the alleged inequality resulted from “any other factor other than sex”