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Ana L. Bidoglio vs. Plutos Sama, LLC

Demurrer to Complaint

19 Cited authorities

  1. Blank v. Kirwan

    39 Cal.3d 311 (Cal. 1985)   Cited 3,093 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. 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

  3. Stevenson v. Superior Court

    16 Cal.4th 880 (Cal. 1997)   Cited 425 times   2 Legal Analyses
    Holding that plaintiffs must establish that the violated public policy is "fundamental and substantial"

  4. Hanson v. Lucky Stores, Inc.

    74 Cal.App.4th 215 (Cal. Ct. App. 1999)   Cited 383 times   3 Legal Analyses
    Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"

  5. Fisher v. San Pedro Peninsula Hosp.

    214 Cal.App.3d 590 (Cal. Ct. App. 1989)   Cited 509 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

  6. Goodman v. Kennedy

    18 Cal.3d 335 (Cal. 1976)   Cited 616 times   1 Legal Analyses
    Holding that defendant attorney owed no duty to third parties who relied on faulty advice the attorney gave his clients "in the absence of any showing that the legal advice was foreseeably transmitted to or relied upon by plaintiffs or that plaintiffs were intended beneficiaries of a transaction to which the advice pertained"

  7. Mamou v. Trendwest Resorts, Inc.

    165 Cal.App.4th 686 (Cal. Ct. App. 2008)   Cited 199 times   4 Legal Analyses
    Finding a triable issue of fact as to the existence of malice when defendant made an allegedly defamatory statement, and ordered employees to shun and avoid plaintiff

  8. Thompson v. City of Monrovia

    186 Cal.App.4th 860 (Cal. Ct. App. 2010)   Cited 136 times   1 Legal Analyses
    Holding that plaintiff's failure to file a DFEH complaint for more than one year after alleged racial incidents precluded FEHA claims

  9. McCaskey v. California State Automobile Assoc

    189 Cal.App.4th 947 (Cal. Ct. App. 2010)   Cited 112 times   2 Legal Analyses
    In McCaskey, supra, 189 Cal.App.4th 947, at issue was the defendant's promise that it would not terminate certain employees for failing to meet their full sales quotas.

  10. Dinslage v. City & Cnty. of S.F.

    5 Cal.App.5th 368 (Cal. Ct. App. 2016)   Cited 82 times   2 Legal Analyses
    In Dinslage, an employee with the Department of Parks and Recreation who worked on services for the disabled, complained about relocation of an event used to fund such services and about a policy change to focus on inclusion for recreational activities and programs rather than providing separate programs for the disabled.

  11. Section 225.5 - Civil penalties

    Cal. Lab. Code § 225.5   Cited 67 times   1 Legal Analyses
    Specifying civil penalties that the Labor Commissioner may recover

  12. Section 227 - Failure to remit withholdings pursuant to agreement

    Cal. Lab. Code § 227   Cited 27 times

    If an employer has made withholdings from an employee's wages pursuant to state, local, or federal law, or has agreed with any employee to make payments to a health or welfare fund, pension fund, or vacation plan, or other similar plan for the benefit of the employees, or a negotiated industrial promotion fund, or has entered into a collective bargaining agreement providing for these payments, it shall be unlawful for that employer willfully or with intent to defraud to fail to remit the withholdings