38 Cited authorities

Federated Department Stores, Inc. v. Moitie
452 U.S. 394 (1981) Cited 2,967 times 5 Legal Analyses
Holding that considerations of fairness and equity do not vitiate the res judicata effect of a previous, unappealed judgment, even if that judgment "rest on a legal principle subsequently overruled in another case"
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,321 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."
Zelig v. County of Los Angeles
27 Cal.4th 1112 (Cal. 2002) Cited 970 times 1 Legal Analyses
Finding public entity could not be liable under respondeat superior because the plaintiff had failed to allege that the public employees were engaged in conduct within the scope of employment that would render the public employee liable to the plaintiff
Boeken v. Philip Morris USA, Inc.
48 Cal.4th 788 (Cal. 2010) Cited 567 times 1 Legal Analyses
Holding that for res judicata purposes, "a dismissal with prejudice is the equivalent of a final judgment on the merits, barring the entire cause of action"
Strickland v. Water Works and Sewer Bd.
239 F.3d 1199 (11th Cir. 2001) Cited 628 times 1 Legal Analyses
Holding that an employee with diabetes had an unforeseeable need for leave when he "suffer[ed] a debilitating diabetic attack"
Nazir v. United Airlines, Inc.
178 Cal.App.4th 243 (Cal. Ct. App. 2009) Cited 416 times 4 Legal Analyses
Holding that all materials submitted by plaintiff to DFEH, including two intake questionnaires, may be considered for purposes of determining whether plaintiff had exhausted his administrative remedies
Rakestraw v. California Physicians' Service
81 Cal.App.4th 39 (Cal. Ct. App. 2000) Cited 491 times
Requiring party to "clearly and specifically set forth the ‘applicable substantive law’ and the legal basis for amendment, i.e., the elements of the cause of action and authority for it," and all specific factual allegations for the claim
Vandenberg v. Superior Court
21 Cal.4th 815 (Cal. 1999) Cited 487 times 3 Legal Analyses
Holding that it is "incorrect" to "distinguish contract from tort liability for purposes of the CGL insurance coverage phrase `legally obligated to pay as damages'"
Richards v. CH2M Hill, Inc.
26 Cal.4th 798 (Cal. 2001) Cited 404 times 4 Legal Analyses
Holding that, in the context of FEHA claims, "[i]f the employer has made clear in word and deed that the employee's attempted further reasonable accommodation is futile, then the employee is on notice that litigation, not informal conciliation, is the only alternative for the vindication of his or her rights"
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
Section 911.2 - Time for presenting claims; date claim presented
Cal. Gov. Code § 911.2 Cited 1,927 times 1 Legal Analyses
Requiring that state-law claims be presented to the relevant agency "not later than six months after the accrual of the cause of action"
Section 1102.5 - Whistleblower protection
Cal. Lab. Code § 1102.5 Cited 1,290 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 6310 - Discharge or discrimination against employee
Cal. Lab. Code § 6310 Cited 286 times 5 Legal Analyses
Granting right of reinstatement and reimbursement to "[a]ny employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has made a bona fide oral or written complaint to . . . his or her employer, or his or her representative, of unsafe working conditions, or work practices"
Section 6-1.0996 - Graduation Requirements for Certain Students with Disabilities (Transferred)
Fla. Admin. Code R. 6-1.0996 Cited 33 times
Alleging comments regarding age

Demurrer__without_motion_to_strike

38 Cited authorities

Holding that considerations of fairness and equity do not vitiate the res judicata effect of a previous, unappealed judgment, even if that judgment "rest on a legal principle subsequently overruled in another case"

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."

Finding public entity could not be liable under respondeat superior because the plaintiff had failed to allege that the public employees were engaged in conduct within the scope of employment that would render the public employee liable to the plaintiff

Holding that for res judicata purposes, "a dismissal with prejudice is the equivalent of a final judgment on the merits, barring the entire cause of action"

Holding that an employee with diabetes had an unforeseeable need for leave when he "suffer[ed] a debilitating diabetic attack"

Holding that all materials submitted by plaintiff to DFEH, including two intake questionnaires, may be considered for purposes of determining whether plaintiff had exhausted his administrative remedies

Requiring party to "clearly and specifically set forth the ‘applicable substantive law’ and the legal basis for amendment, i.e., the elements of the cause of action and authority for it," and all specific factual allegations for the claim

Holding that it is "incorrect" to "distinguish contract from tort liability for purposes of the CGL insurance coverage phrase `legally obligated to pay as damages'"

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

Requiring that state-law claims be presented to the relevant agency "not later than six months after the accrual of the cause of action"

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"

Alleging comments regarding age