§Why CasetextPricing

Plaintiffs_opposition_to_defendants_demurrer

Opposition

20 Cited authorities

  1. Evans v. City of Berkeley

    38 Cal.4th 1 (Cal. 2006)   Cited 552 times
    Rejecting allegation contradicted by judicially noticed facts

  2. Miklosy v. Regents of University of California

    44 Cal.4th 876 (Cal. 2008)   Cited 467 times   1 Legal Analyses
    Holding that when "alleged wrongful conduct ... occur at the worksite, in the normal course of the employer-employee relationship ... workers' compensation is a plaintiff exclusive remedy for any injury that may" result

  3. Humphrey v. Memorial Hospitals Ass'n

    239 F.3d 1128 (9th Cir. 2001)   Cited 582 times   7 Legal Analyses
    Holding that employer had a duty to accommodate employee with obsessive compulsive disorder, which interfered with her ability to get to work on time, or at all, but did not affect her ability to function effectively as a medical transcriptionist

  4. Cortez v. Purolator Air Filtration Products Co.

    23 Cal.4th 163 (Cal. 2000)   Cited 570 times   1 Legal Analyses
    Holding restitution is "the return of the excess of what the plaintiff gave the defendant over the value of what the plaintiff received"

  5. Rutherford Holdings, LLC v. Plaza Del Rey

    223 Cal.App.4th 221 (Cal. Ct. App. 2014)   Cited 266 times
    Holding that the plaintiff could not state a claim for conversion because it neither owned nor possessed a $3-million deposit it paid to the defendant, and because it transferred title to the deposit at the time of payment, despite separate contractual rights to recovery of the deposit

  6. Gelfo v. Lockhead Martin Corp.

    140 Cal.App.4th 34 (Cal. Ct. App. 2006)   Cited 296 times   1 Legal Analyses
    Ruling that Kaplan's reasoning should not be applied to similarly limit California discrimination laws

  7. Doe v. City of Los Angeles

    42 Cal.4th 531 (Cal. 2007)   Cited 267 times   1 Legal Analyses
    Holding courts construing California statutes "may not broaden or narrow the scope of the provision by reading into it language that does not appear in it or reading out of it language that does."

  8. Cole v. Fair Oaks Fire Protection Dist.

    43 Cal.3d 148 (Cal. 1987)   Cited 449 times
    Holding that exclusivity rule applied where employer falsely accused employee of misconduct, subjected employee to a "kangaroo" disciplinary proceeding, publicly demoted him, gave him burdensome and menial duties, and filed an application to force him to retire involuntarily

  9. Wysinger v. Automobile Club of Southern California

    157 Cal.App.4th 413 (Cal. Ct. App. 2007)   Cited 230 times   2 Legal Analyses
    Holding that these two statutory sections "involve separate causes of action and proof of different facts"

  10. Intern. Financial Services v. Chromas Tech

    356 F.3d 731 (7th Cir. 2004)   Cited 146 times
    Holding that under Illinois law, piercing the corporate veil is equitable and therefore there is no right to a jury trial

  11. Section 3-A:2 - Recommendations

    N.H. Rev. Stat. § 3-A:2   Cited 10 times

    Prior to the appointment of a poet laureate the board of directors of the Poetry Society of New Hampshire shall submit to the governor and council the name or names of persons whom they deem to be worthy of the honorary position. Upon the expiration of the term of the poet laureate, as provided in RSA 3-A:1, the society shall again submit to the governor and council a name or names for a successor. RSA 3-A:2 1967, 70:1. 1977, 60:2, eff. June 14, 1977.