15 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,071 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"
King v. United Parcel Services, Inc.
152 Cal.App.4th 426 (Cal. Ct. App. 2007) Cited 383 times 1 Legal Analyses
Holding employer had no duty to accommodate employee who returned to work with a doctor's note releasing him back to "regular duties and hours" and who admitted he was able to "get the job done"
Arteaga v. Brink's, Inc.
163 Cal.App.4th 327 (Cal. Ct. App. 2008) Cited 335 times 6 Legal Analyses
Holding that elements of a common law disability discrimination claim are the same as those of a FEHA claim
Nadaf-Rahrov v. Neiman Marcus Group, Inc.
166 Cal.App.4th 952 (Cal. Ct. App. 2008) Cited 305 times 1 Legal Analyses
Holding that "an employer's failure to engage in the interactive process is an unlawful employment practice . . . only if a reasonable accommodation existed."
Serrano v. Priest
5 Cal.3d 584 (Cal. 1971) Cited 538 times
Holding that the structure of the education funding system in California denied students equal protection
Soria v. Univision Radio L. A., Inc.
5 Cal.App.5th 570 (Cal. Ct. App. 2016) Cited 132 times 2 Legal Analyses
Holding that evidence employee was disciplined for her long-time issues with punctuality only after she disclosed a disability to her supervisor contributed to finding of pretext
Ludgate Insurance Co. v. Lockheed Martin Corp.
82 Cal.App.4th 592 (Cal. Ct. App. 2000) Cited 112 times
Finding that where “the bond requirement of section 1616 does not...apply, section 1620, subdivision (b), nonetheless gives the trial court discretion to require the nonadmitted alien insurer to put up such a bond”
Lonicki v. Sutter Health Central
43 Cal.4th 201 (Cal. 2008) Cited 84 times 3 Legal Analyses
Rejecting reasoning of Sims
Youngman v. Nevada Irr. Dist.
70 Cal.2d 240 (Cal. 1969) Cited 224 times
Noting that the doctrine of promissory estoppel is meant to make a promise binding, under certain circumstances, even in the absence of consideration, and that therefore the doctrine is inapplicable where a promise is supported by consideration
Speegle v. Board of Fire Underwriters
29 Cal.2d 34 (Cal. 1946) Cited 209 times
Holding at-will employment contract is a contract for purpose of interference tort
Section 2601 - Findings and purposes
29 U.S.C. § 2601 Cited 7,774 times 39 Legal Analyses
Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods
Section 11065 - Definitions
Cal. Code Regs. tit. 2 § 11065 Cited 71 times 7 Legal Analyses
Defining essential and marginal functions
Section 11087 - Definitions
Cal. Code Regs. tit. 2 § 11087 Cited 13 times 3 Legal Analyses
Defining "[e]ligible employee" as an employee "who has actually worked . . . for the employer at least 1,250 hours during the 12-month period immediately prior to the date the CFRA leave is to commence"
Section 7297.10 - Relationship with FMLA Regulations. [Renumbered]
Cal. Code Regs. tit. 2 § 7297.10 Cited 10 times
Cal. Code Regs. Tit. 2, § 7297.10 1. New section filed 7-13-95; operative 8-12-95 (Register 95, No. 28). 2. Change without regulatory effect renumbering former section 7297.10 to new section 11097 filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40). Note: Authority cited: Sections 12935, subd. (a) and 12945.2, Government Code. Reference: Section 12945.2, Government Code; Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq; and Code of

Memorandum Points and Authorities

15 Cited authorities

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

Holding employer had no duty to accommodate employee who returned to work with a doctor's note releasing him back to "regular duties and hours" and who admitted he was able to "get the job done"

Holding that elements of a common law disability discrimination claim are the same as those of a FEHA claim

Holding that "an employer's failure to engage in the interactive process is an unlawful employment practice . . . only if a reasonable accommodation existed."

Holding that the structure of the education funding system in California denied students equal protection

Holding that evidence employee was disciplined for her long-time issues with punctuality only after she disclosed a disability to her supervisor contributed to finding of pretext

Finding that where “the bond requirement of section 1616 does not...apply, section 1620, subdivision (b), nonetheless gives the trial court discretion to require the nonadmitted alien insurer to put up such a bond”

Rejecting reasoning of Sims

Noting that the doctrine of promissory estoppel is meant to make a promise binding, under certain circumstances, even in the absence of consideration, and that therefore the doctrine is inapplicable where a promise is supported by consideration

Holding at-will employment contract is a contract for purpose of interference tort

Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods

Defining essential and marginal functions

Defining "[e]ligible employee" as an employee "who has actually worked . . . for the employer at least 1,250 hours during the 12-month period immediately prior to the date the CFRA leave is to commence"