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Memorandum Points and Authorities

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17 Cited authorities

  1. 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"

  2. Quelimane Co. v. Stewart Title Guaranty Co.

    19 Cal.4th 26 (Cal. 1998)   Cited 773 times   1 Legal Analyses
    Holding that title insurer owed no duty of ordinary care to non-clients, commenting that "[i]n the business arena it would be unprecedented to impose a duty on one actor to operate its business in a manner that would ensure the financial success of transactions between third parties"

  3. Saunders v. Superior Court

    27 Cal.App.4th 832 (Cal. Ct. App. 1994)   Cited 552 times
    Finding that aiding and abetting requires actual knowledge

  4. Arteaga v. Brink's, Inc.

    163 Cal.App.4th 327 (Cal. Ct. App. 2008)   Cited 336 times   6 Legal Analyses
    Holding that elements of a common law disability discrimination claim are the same as those of a FEHA claim

  5. Nadaf-Rahrov v. Neiman Marcus Group, Inc.

    166 Cal.App.4th 952 (Cal. Ct. App. 2008)   Cited 308 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."

  6. Gelfo v. Lockhead Martin Corp.

    140 Cal.App.4th 34 (Cal. Ct. App. 2006)   Cited 296 times   1 Legal Analyses
    Ruling that Kaplan's reasoning should not be applied to similarly limit California discrimination laws

  7. Faust v. California Portland Cement Co.

    150 Cal.App.4th 864 (Cal. Ct. App. 2007)   Cited 251 times   2 Legal Analyses
    Finding fact issue on plaintiff's FEHA disability discrimination claim with respect to employer's knowledge where a physician's work status report advised employer that plaintiff was "unable to perform regular job duties..."

  8. Lonicki v. Sutter Health Central

    43 Cal.4th 201 (Cal. 2008)   Cited 84 times   3 Legal Analyses
    Rejecting reasoning of Sims

  9. Donabedian v. Mercury Ins. Co.

    116 Cal.App.4th 968 (Cal. Ct. App. 2004)   Cited 55 times   1 Legal Analyses
    Holding that the California Unfair Business Competition Law allowed plaintiff to sue to enjoin the insurer's activity to benefit others even though plaintiff had never been personally injured by it

  10. Scott v. City of Indian Wells

    6 Cal.3d 541 (Cal. 1972)   Cited 131 times
    Holding that nonresident property owners had standing to challenge a conditional-use permit issued by a neighboring city because the property owners' land was adjacent to the lot subject to the conditional-use permit

  11. Section 7297.4 - Requests for CFRA Leave: Advance Notice; Certification; Employer Response. [Renumbered]

    Cal. Code Regs. tit. 2 § 7297.4   Cited 19 times   2 Legal Analyses
    Entitling employer to insist on doctor's release verifying that the employee is able to return to work following medical leave