17 Cited authorities

  1. Clinton v. Jones

    520 U.S. 681 (1997)   Cited 2,694 times   4 Legal Analyses
    Holding in Section 1983 action no absolute immunity for damages arising from "unofficial conduct"
  2. Lockyer v. Mirant Corp.

    398 F.3d 1098 (9th Cir. 2005)   Cited 1,513 times
    Holding a stay, although "theoretically" subject to modification, was a reviewable collateral order because "the district court did not impose a time limit on the stay or note circumstances that might result in its modification"
  3. Leyva v. Certified Grocers of Cal., Ltd.

    593 F.2d 857 (9th Cir. 1979)   Cited 1,078 times   1 Legal Analyses
    Holding that the arbitrator does have the power to determine whether various provisions in the contract are void
  4. Cmax, Inc. v. Hall

    300 F.2d 265 (9th Cir. 1962)   Cited 1,257 times
    Holding that a delay "is not the kind of prejudice which should move a court to deny a requested postponement"
  5. Caliber Bodyworks, Inc. v. Superior Court

    134 Cal.App.4th 365 (Cal. Ct. App. 2005)   Cited 203 times   5 Legal Analyses
    Holding that plaintiffs could not pursue civil penalties for a Section 558 violation without complying with the pre-filing notice and exhaustion requirements of PAGA
  6. Lewis v. Telephone Employees Credit Union

    87 F.3d 1537 (9th Cir. 1996)   Cited 228 times
    Holding that remitters of cashier's checks lacked standing to sue bank for conversion because they had no rights in the instruments
  7. Cicairos v. Summit Logistics, Inc.

    133 Cal.App.4th 949 (Cal. Ct. App. 2005)   Cited 149 times   10 Legal Analyses
    Holding that an employer's "obligation to provide the plaintiffs with an adequate meal period is not satisfied by [shifting responsibility to employees to take their meal breaks], because employers have `an affirmative obligation to ensure that workers are actually relieved of all duty.'" (quoting Wage Order applicable to the transportation industry)
  8. Brinker Restaurant Corp. v. Superior Court (Adam Hohnbaum)

    165 Cal.App.4th 25 (Cal. Ct. App. 2008)   Cited 109 times   9 Legal Analyses
    Holding that employers "need only provide [meal breaks] and not ensure they are taken."
  9. In re Kirkland

    915 F.2d 1236 (9th Cir. 1990)   Cited 180 times
    Holding that, when applying state law, this Court follows "the decision of the highest state court," or, in the absence of such a decision and any indication that the highest court would rule differently, "the decisions of the state's intermediate courts"
  10. Arizona Electric Power Cooperative, Inc. v. Berkeley

    59 F.3d 988 (9th Cir. 1995)   Cited 153 times   1 Legal Analyses
    Stating that "courts should be reluctant to vacate arbitral awards on public policy grounds"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 2698 - Title of part

    Cal. Lab. Code § 2698   Cited 1,552 times   36 Legal Analyses

    This part shall be known and may be cited as the Labor Code Private Attorneys General Act of 2004. Ca. Lab. Code § 2698 Added by Stats 2003 ch 906 (SB 796), s 2, eff. 1/1/2004.

  13. Section 2699 - Civil penalty; civil action by aggrieved employee to recover

    Cal. Lab. Code § 2699   Cited 1,296 times   33 Legal Analyses
    Providing that "[a]ny employee who prevails in any action" shall be entitled to reasonable attorney's fees
  14. Section 1198 - Maximum hours of work and standard conditions of labor

    Cal. Lab. Code § 1198   Cited 590 times   6 Legal Analyses
    Providing that the "employment of any employee for longer hours" than are lawful is unlawful