15 Cited authorities

Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,601 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
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."
Aguilar v. Avis Rent A Car System, Inc.
21 Cal.4th 121 (Cal. 1999) Cited 596 times 1 Legal Analyses
Holding that enjoining a defendant's use of racial epithets at the defendant's workplace was not an unconstitutional prior restraint because it was based "on [his] continuing course of repetitive conduct" that violated employment discrimination law
Harris v. City of Santa Monica
56 Cal.4th 203 (Cal. 2013) Cited 383 times 46 Legal Analyses
Holding Fair Employment and Housing Act "does not purport to outlaw discriminatory thoughts, beliefs, or stray remarks that are unconnected to employment decisionmaking."
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"
Cantu v. Resolution Trust Corp.
4 Cal.App.4th 857 (Cal. Ct. App. 1992) Cited 518 times
Holding that "intentional infliction of emotional distress is an injury to the person"
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
Beyda v. City of Los Angeles
65 Cal.App.4th 511 (Cal. Ct. App. 1998) Cited 130 times
Holding that FEHA claims are to be considered consistent with federal cases interpreting Title VII
Etter v. Veriflo Corp.
67 Cal.App.4th 457 (Cal. Ct. App. 1998) Cited 119 times
Holding "severe or pervasive conduct requires more than 'occasional, isolated, sporadic, or trivial' acts"
Stearn v. County of San Bernardino
170 Cal.App.4th 434 (Cal. Ct. App. 2009) Cited 84 times
No. E043334. January 5, 2009. Appeal from the Superior Court of San Bernardino County, No. SCVSS142797, John P. Wade, Judge. Sabine and Morrison and Randal R. Morrison for Plaintiff and Appellant. No appearance for Defendants and Respondents. Gary S. Mobley for Real Party in Interest and Respondent. OPINION RAMIREZ, P. J. Plaintiff and Appellant Frederic Elton Stearn (Appellant) appeals from a judgment of dismissal entered after the trial court sustained the demurrer of real party in interest and
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,050 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"
Section 430.41 - Meeting required before filing demurrer
Cal. Code Civ. Proc. § 430.41 Cited 84 times
Addressing meet and confer conferences following grant of demurrer with leave to amend; "Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held"

Demurrer With Motion To Strike Ccp 43010

15 Cited authorities

Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

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 enjoining a defendant's use of racial epithets at the defendant's workplace was not an unconstitutional prior restraint because it was based "on [his] continuing course of repetitive conduct" that violated employment discrimination law

Holding Fair Employment and Housing Act "does not purport to outlaw discriminatory thoughts, beliefs, or stray remarks that are unconnected to employment decisionmaking."

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 "intentional infliction of emotional distress is an injury to the person"

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

Holding that FEHA claims are to be considered consistent with federal cases interpreting Title VII

Holding "severe or pervasive conduct requires more than 'occasional, isolated, sporadic, or trivial' acts"

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"

Addressing meet and confer conferences following grant of demurrer with leave to amend; "Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held"