8 Cited authorities

Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,288 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."
Yanowitz v. L'Oreal USA Inc.
36 Cal.4th 1028 (Cal. 2005) Cited 1,555 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."
Romano v. Rockwell Internat., Inc.
14 Cal.4th 479 (Cal. 1996) Cited 581 times
Holding that a FEHA action for discriminatory discharge does not commence until the actual discharge
Janken v. GM Hughes Electronics
46 Cal.App.4th 55 (Cal. Ct. App. 1996) Cited 547 times
Holding that "[t]he intentional infliction of emotional distress claim fails" where "[t]he factual allegations . . . plead claims of discrimination" but not more
McRae v. Dept. of Correc
142 Cal.App.4th 377 (Cal. Ct. App. 2006) Cited 266 times 1 Legal Analyses
Holding that filed letters, a memorandum of instruction, and an investigation were not adverse employment actions because they did not materially affect the terms, conditions, or privileges of employment
State Dept. of Health Services v. Superior Court
31 Cal.4th 1026 (Cal. 2003) Cited 232 times 4 Legal Analyses
Recognizing that the defense of mitigation of damages applies to "many different sorts of legal claims" including statutory sexual harassment claims
Malais v. Los Angeles City Fire Dept.
150 Cal.App.4th 350 (Cal. Ct. App. 2007) Cited 44 times 1 Legal Analyses
Finding no adverse employment action "in transfers that involved working in assignments the employee preferred less than other assignments but with equal pay, benefits, promotional opportunities"
Trovato v. Beckman Coulter, Inc.
192 Cal.App.4th 319 (Cal. Ct. App. 2011) Cited 37 times 1 Legal Analyses
Affirming summary judgment when Plaintiff filed a DFEH complaint more than a year after the last alleged violation of FEHA

Declaration of Megan Atkinson In Support of Defendant City of Pomonas Demurrer To Plaintiffs First Amended Complaint And Motion To Strike

8 Cited authorities

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 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."

Holding that a FEHA action for discriminatory discharge does not commence until the actual discharge

Holding that "[t]he intentional infliction of emotional distress claim fails" where "[t]he factual allegations . . . plead claims of discrimination" but not more

Holding that filed letters, a memorandum of instruction, and an investigation were not adverse employment actions because they did not materially affect the terms, conditions, or privileges of employment

Recognizing that the defense of mitigation of damages applies to "many different sorts of legal claims" including statutory sexual harassment claims

Finding no adverse employment action "in transfers that involved working in assignments the employee preferred less than other assignments but with equal pay, benefits, promotional opportunities"

Affirming summary judgment when Plaintiff filed a DFEH complaint more than a year after the last alleged violation of FEHA