§Why CasetextPricing

Plaintiffs_supplemental_brief_in_opposition_to_defendant_huddles_motion_for_summary_adjudication_of_plaintiffs_fourth_and_seventh_causes_of_action_for_retaliation

Brief

20 Cited authorities

  1. Villiarimo v. Aloha Island Air, Inc.

    281 F.3d 1054 (9th Cir. 2002)   Cited 2,829 times
    Holding that summary judgment was appropriate even where the decision-maker's reason is "foolish or trivial or even baseless"

  2. Yanowitz v. L'Oreal USA Inc.

    36 Cal.4th 1028 (Cal. 2005)   Cited 1,547 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."

  3. Brooks v. City of San Mateo

    229 F.3d 917 (9th Cir. 2000)   Cited 1,392 times   8 Legal Analyses
    Holding that a similar single instance of sexual harassment was not sufficiently severe or pervasive to establish a hostile work environment claim

  4. Jones v. Bernanke

    557 F.3d 670 (D.C. Cir. 2009)   Cited 585 times   2 Legal Analyses
    Holding that "these principles apply equally to retaliation claims"

  5. Hernandez v. Spacelabs Medical Inc.

    343 F.3d 1107 (9th Cir. 2003)   Cited 621 times   1 Legal Analyses
    Holding plaintiff's own statements that discriminatory acts occurred in "late 1998 or 1999," without additional support, were "insufficient to survive a motion for summary judgment"

  6. Medina v. Ramsey Steel Company Inc.

    238 F.3d 674 (5th Cir. 2001)   Cited 660 times   2 Legal Analyses
    Holding that a plaintiff can establish a causal link by showing that "the employer's decision . . . was based in part on knowledge of the employee's protected activity"

  7. Swinton v. Potomac Corp.

    270 F.3d 794 (9th Cir. 2001)   Cited 305 times
    Holding that an instructional error in a civil case requires reversal only where the error is not “more probably than not harmless”

  8. Wysinger v. Automobile Club of Southern California

    157 Cal.App.4th 413 (Cal. Ct. App. 2007)   Cited 227 times   2 Legal Analyses
    Holding that these two statutory sections "involve separate causes of action and proof of different facts"

  9. Flait v. North American Watch Corp.

    3 Cal.App.4th 467 (Cal. Ct. App. 1992)   Cited 319 times
    Holding that California state law claims of retaliatory discharge are evaluated under the framework used in federal law relating to discrimination and retaliation

  10. Reeves v. Safeway Stores, Inc.

    121 Cal.App.4th 95 (Cal. Ct. App. 2004)   Cited 214 times   2 Legal Analyses
    Holding that a supervisor acted with discriminatory animus because he “did not relay [sexual harassment] complaints to human resources;” “referred the matter to security rather than to the human resources department;” and “had ample time and opportunity to speak to plaintiff about the underlying incident, [but] he did not do so”

  11. Section 437c - Motion for summary judgment

    Cal. Code Civ. Proc. § 437c   Cited 8,306 times   7 Legal Analyses
    Ruling on summary judgment motion must be based on "papers submitted" with the motion

  12. Section 437 - Grounds for motion to appear on face of challenged pleading; motion based on matter subject to judicial notice

    Cal. Code Civ. Proc. § 437   Cited 289 times   2 Legal Analyses

    (a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit. Ca. Civ. Proc. Code § 437 Added by Stats. 1982