35 Cited authorities

Christiansburg Garment Co. v. Equal Emp't Opportunity Comm'n
434 U.S. 412 (1978) Cited 3,712 times 33 Legal Analyses
Holding that for a defendant to recoup attorneys fees under § 706(k) of Title VII, a court must find that the plaintiff litigated his or her claim beyond the point where it became “frivolous, unreasonable, or groundless” or where plaintiff acted in bad faith
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,324 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."
Hughes v. Pair
46 Cal.4th 1035 (Cal. 2009) Cited 1,013 times 4 Legal Analyses
Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress
Stanley v. University Southern Calif
178 F.3d 1069 (9th Cir. 1999) Cited 486 times
Holding that, to establish a prima facie Equal Pay Act claim, the plaintiff must show that the jobs being compared are "substantially equal"
Green v. Ralee Engineering Co
19 Cal.4th 66 (Cal. 1998) Cited 488 times 2 Legal Analyses
Holding that an employee who reported the sale of defective aircraft parts did state a claim for wrongful discharge in violation of public policy because his action was directly connected to federal regulation of air safety
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
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."
Evangelatos v. Superior Court
44 Cal.3d 1188 (Cal. 1988) Cited 541 times 3 Legal Analyses
Holding that a measure, which modified the traditional, common law joint and several liability doctrine, did not apply to claims for relief that had accrued before the effective date of the new law
Oakland Raiders v. National Football League
131 Cal.App.4th 621 (Cal. Ct. App. 2005) Cited 253 times
Finding no principal and agent relationship between the Raiders and the NFL or the Raiders and the Commissioner of the NFL, in part because there are circumstances where the NFL is obligated under its constitution to take actions adverse to its member teams
Mokler v. County of Orange
157 Cal.App.4th 121 (Cal. Ct. App. 2007) Cited 227 times 3 Legal Analyses
Holding three offensive encounters involving no physical threats over a five-week period not "severe or pervasive" as a matter of law
Section 437c - [Effective Until 1/1/2025] Motion for summary judgment
Cal. Code Civ. Proc. § 437c Cited 8,428 times 8 Legal Analyses
Ruling on summary judgment motion must be based on "papers submitted" with the motion
Section 335.1 - Assault, battery or injury or death caused by wrongful act or negligence
Cal. Code Civ. Proc. § 335.1 Cited 2,378 times 6 Legal Analyses
Imposing two-year statute of limitations for personal injury claims
Section 1033.5 - Items allowable as costs
Cal. Code Civ. Proc. § 1033.5 Cited 1,508 times 2 Legal Analyses
Permitting various types of service as costs
Section 1102.5 - Whistleblower protection
Cal. Lab. Code § 1102.5 Cited 1,292 times 41 Legal Analyses
Making it unlawful for an employer to impose any policy which "prevent an employee from disclosing information to a government or law enforcement agency ... or to another employee who has authority to investigate, discover, or correct the violation or noncompliance"
Section 437 - Grounds for motion to appear on face of challenged pleading; motion based on matter subject to judicial notice
Cal. Code Civ. Proc. § 437 Cited 293 times 4 Legal Analyses
(a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit. Ca. Civ. Proc. Code § 437 Added by Stats. 1982
Rule 3.1700 - Prejudgment costs
Cal. R. 3.1700 Cited 278 times
(a) Claiming costs (1)Trial costs A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best

Francine M Arthur vs. Disneyland Resort

35 Cited authorities

Holding that for a defendant to recoup attorneys fees under § 706(k) of Title VII, a court must find that the plaintiff litigated his or her claim beyond the point where it became “frivolous, unreasonable, or groundless” or where plaintiff acted in bad faith

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 discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress

Holding that, to establish a prima facie Equal Pay Act claim, the plaintiff must show that the jobs being compared are "substantially equal"

Holding that an employee who reported the sale of defective aircraft parts did state a claim for wrongful discharge in violation of public policy because his action was directly connected to federal regulation of air safety

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 a measure, which modified the traditional, common law joint and several liability doctrine, did not apply to claims for relief that had accrued before the effective date of the new law

Finding no principal and agent relationship between the Raiders and the NFL or the Raiders and the Commissioner of the NFL, in part because there are circumstances where the NFL is obligated under its constitution to take actions adverse to its member teams

Holding three offensive encounters involving no physical threats over a five-week period not "severe or pervasive" as a matter of law

Ruling on summary judgment motion must be based on "papers submitted" with the motion

Imposing two-year statute of limitations for personal injury claims

Permitting various types of service as costs

Making it unlawful for an employer to impose any policy which "prevent an employee from disclosing information to a government or law enforcement agency ... or to another employee who has authority to investigate, discover, or correct the violation or noncompliance"