8 Cited authorities

Roby v. McKesson Corp.
47 Cal.4th 686 (Cal. 2009) Cited 547 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"
White v. Ultramar, Inc.
21 Cal.4th 563 (Cal. 1999) Cited 475 times 4 Legal Analyses
Holding that a single act of retaliatory termination demonstrated that a middle manager "determined corporate policy"
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
Laird v. Capital Cities/Abc, Inc.
68 Cal.App.4th 727 (Cal. Ct. App. 1998) Cited 135 times 3 Legal Analyses
Holding that the fact that the parent corporation maintained pension plans and other benefits for its subsidiary's employees was insufficient to create a triable issue of fact regarding interrelation of operations
Kelly-Zurian v. Wohl Shoe Co.
22 Cal.App.4th 397 (Cal. Ct. App. 1994) Cited 145 times
Holding that employer is not liable for punitive damages based on supervisor's sexual harassment unless the employer acted wrongfully, as defined by Restatement (Second) of Torts § 909
Mock v. Michigan Millers Mutual Insurance
4 Cal.App.4th 306 (Cal. Ct. App. 1992) Cited 122 times
Explaining that "clear and convincing" requires a finding of high probability; that the evidence be "so clear as to leave no substantial doubt"; or that the evidence be "sufficiently strong to command the unhesitating assent of every reasonable mind."
Snider v. Superior Court
113 Cal.App.4th 1187 (Cal. Ct. App. 2003) Cited 40 times 1 Legal Analyses
Granting writ of mandamus to vacate sanctions impose for permissible contacts with adverse corporation's current employees
Maddock v. KB Homes, Inc.
631 F. Supp. 2d 1226 (C.D. Cal. 2007) Cited 31 times 1 Legal Analyses
Holding that maintenance of employee records via shared payroll services and a joint database alone is insufficient as a matter of law to meet the economic reality test

Brief Second Responsive Supplemental Brief

8 Cited authorities

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"

Holding that a single act of retaliatory termination demonstrated that a middle manager "determined corporate policy"

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

Holding that the fact that the parent corporation maintained pension plans and other benefits for its subsidiary's employees was insufficient to create a triable issue of fact regarding interrelation of operations

Holding that employer is not liable for punitive damages based on supervisor's sexual harassment unless the employer acted wrongfully, as defined by Restatement (Second) of Torts § 909

Explaining that "clear and convincing" requires a finding of high probability; that the evidence be "so clear as to leave no substantial doubt"; or that the evidence be "sufficiently strong to command the unhesitating assent of every reasonable mind."

Granting writ of mandamus to vacate sanctions impose for permissible contacts with adverse corporation's current employees

Holding that maintenance of employee records via shared payroll services and a joint database alone is insufficient as a matter of law to meet the economic reality test