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 complaint failed to adequately plead successor liability at California's demurrer stage where it did not allege that the defendant "purchased or otherwise acquired [the corporation's] principal assets"
101 Cal.App.4th 177 (Cal. Ct. App. 2002) Cited 102 times
In Casterson, the plaintiff asserted section 35330's immunity should not be construed to protect a district's employee for injuries caused by the employee's negligence during the field trip because subdivision (d) did not expressly cover employees, while other provisions of the Education Code limiting liability for personal injuries did expressly cover employees.
186 Cal.App.3d 1324 (Cal. Ct. App. 1986) Cited 157 times
Holding that "essential allegations for an action in fraud or deceit are false representation as to a material fact, knowledge of its falsity, intent to defraud, justifiable reliance and resulting damage"
179 Cal.App.4th 949 (Cal. Ct. App. 2009) Cited 80 times
Holding "legislative purpose of former section 439, the predecessor of section 426.30 . . . was to provide for the settlement, in a single action, of all conflicting claims between the parties arising out of the same transaction" and to "avoid a multiplicity of actions"
61 Cal.App.5th 998 (Cal. Ct. App. 2021) Cited 35 times
In Foster, supra, 61 Cal.App.5th at pp. 1025-026, the appellate court considered whether an inmate was excused from exhausting administrative remedies through an inmate grievance procedure because the remedies were effectively unavailable to him.