31 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,604 times 22 Legal Analyses
Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 20,257 times 9 Legal Analyses
Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,324 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."
Roby v. McKesson Corp.
47 Cal.4th 686 (Cal. 2009) Cited 547 times 6 Legal Analyses
Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"
Turner v. Anheuser-Busch, Inc.
7 Cal.4th 1238 (Cal. 1994) Cited 688 times 1 Legal Analyses
Holding that plaintiff's "claim of whistle-blower harassment fails because he cannot demonstrate the required nexus between his reporting of alleged statutory violations and his allegedly adverse treatment"
King v. United Parcel Services, Inc.
152 Cal.App.4th 426 (Cal. Ct. App. 2007) Cited 383 times 1 Legal Analyses
Holding employer had no duty to accommodate employee who returned to work with a doctor's note releasing him back to "regular duties and hours" and who admitted he was able to "get the job done"
White v. Ultramar, Inc.
21 Cal.4th 563 (Cal. 1999) Cited 475 times 4 Legal Analyses
Holding that a single act of retaliatory termination demonstrated that a middle manager "determined corporate policy"
Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.
78 Cal.App.4th 847 (Cal. Ct. App. 2000) Cited 448 times 4 Legal Analyses
Holding presence of wood splinters in almonds caused "property damage" within meaning of commercial general liability policy when contaminated almonds were incorporated into nut clusters and cereal products
Nadaf-Rahrov v. Neiman Marcus Group, Inc.
166 Cal.App.4th 952 (Cal. Ct. App. 2008) Cited 308 times 1 Legal Analyses
Holding that "an employer's failure to engage in the interactive process is an unlawful employment practice . . . only if a reasonable accommodation existed."
Hanson v. Lucky Stores, Inc.
74 Cal.App.4th 215 (Cal. Ct. App. 1999) Cited 383 times 3 Legal Analyses
Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"
Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide
Cal. Civ. Code § 3294 Cited 2,876 times 11 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"
Section 11065 - Definitions
Cal. Code Regs. tit. 2 § 11065 Cited 71 times 7 Legal Analyses
Defining essential and marginal functions
Section 11069 - Interactive Process
Cal. Code Regs. tit. 2 § 11069 Cited 29 times 4 Legal Analyses
Requiring employer to explore alternative accommodations after a denial

defendant dolby laboratories inc s memorandum of points authorities

31 Cited authorities

Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"

Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

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 "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"

Holding that plaintiff's "claim of whistle-blower harassment fails because he cannot demonstrate the required nexus between his reporting of alleged statutory violations and his allegedly adverse treatment"

Holding employer had no duty to accommodate employee who returned to work with a doctor's note releasing him back to "regular duties and hours" and who admitted he was able to "get the job done"

Holding that a single act of retaliatory termination demonstrated that a middle manager "determined corporate policy"

Holding presence of wood splinters in almonds caused "property damage" within meaning of commercial general liability policy when contaminated almonds were incorporated into nut clusters and cereal products

Holding that "an employer's failure to engage in the interactive process is an unlawful employment practice . . . only if a reasonable accommodation existed."

Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"

Stating plaintiff may recover punitive damages "in addition to the actual damages"

Defining essential and marginal functions

Requiring employer to explore alternative accommodations after a denial