24 Cited authorities

  1. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,667 times   99 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
  2. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,459 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
  3. Aguilar v. Atlantic Richfield Co.

    25 Cal.4th 826 (Cal. 2001)   Cited 5,019 times   2 Legal Analyses
    Concluding that the gathering and dissemination of pricing information by the petroleum companies through an independent industry service did not imply collusive action where there was no evidence the information was misused as a basis for an unlawful conspiracy; rather, evidence suggested that individual companies used all available resources “to determine capacity, supply, and pricing decisions which would maximize their own individual profits”
  4. Ash v. Tyson Foods

    546 U.S. 454 (2006)   Cited 715 times   7 Legal Analyses
    Holding that decisionmaker’s alleged use of term "boy" to refer to African-American employees was evidence of discriminatory animus
  5. Guz v. Bechtel National, Inc.

    24 Cal.4th 317 (Cal. 2000)   Cited 3,339 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."
  6. Yanowitz v. L'Oreal USA Inc.

    36 Cal.4th 1028 (Cal. 2005)   Cited 1,601 times   11 Legal Analyses
    Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."
  7. Godwin v. Hunt Wesson, Inc.

    150 F.3d 1217 (9th Cir. 1998)   Cited 1,144 times
    Holding that pretext is shown if other employees with similar qualifications are treated more favorably
  8. Roby v. McKesson Corp.

    47 Cal.4th 686 (Cal. 2009)   Cited 554 times   6 Legal Analyses
    Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"
  9. Harris v. City of Santa Monica

    56 Cal.4th 203 (Cal. 2013)   Cited 392 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."
  10. Rowland v. Christian

    69 Cal.2d 108 (Cal. 1968)   Cited 1,275 times   20 Legal Analyses
    Holding that Section 1714 superceded prior common-law negligence rules
  11. 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
  12. Section 118 - Perjury

    Cal. Pen. Code § 118   Cited 686 times   1 Legal Analyses
    Defining "perjury" as when an individual, under oath, "willfully states as true any material matter which he or she knows to be false"
  13. Section 702 - Personal knowledge required

    Cal. Evid. Code § 702   Cited 569 times
    Qualifying as an expert witness
  14. 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 294 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

  15. Section 110 - "Burden of producing evidence"

    Cal. Evid. Code § 110   Cited 113 times
    Defining "Burden of producing evidence"
  16. Section 11065 - Definitions

    Cal. Code Regs. tit. 2 § 11065   Cited 73 times   7 Legal Analyses
    Defining essential and marginal functions
  17. Section 11069 - Interactive Process

    Cal. Code Regs. tit. 2 § 11069   Cited 30 times   4 Legal Analyses
    Requiring employer to explore alternative accommodations after a denial