29 Cited authorities

Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,090 times
Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"
Harris v. City of Santa Monica
56 Cal.4th 203 (Cal. 2013) Cited 386 times 46 Legal Analyses
Holding Fair Employment and Housing Act "does not purport to outlaw discriminatory thoughts, beliefs, or stray remarks that are unconnected to employment decisionmaking."
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
Cantu v. Resolution Trust Corp.
4 Cal.App.4th 857 (Cal. Ct. App. 1992) Cited 520 times
Holding that "intentional infliction of emotional distress is an injury to the person"
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 382 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"
C.A. v. William S. Hart Union High School District
53 Cal.4th 861 (Cal. 2012) Cited 225 times 3 Legal Analyses
Finding that supervisory personnel could be vicariously liable and noting that "public school personnel may be individually liable for their negligent failure to protect students from harm at others' hands"
Grisham v. Philip Morris U.S.A., Inc.
40 Cal.4th 623 (Cal. 2007) Cited 247 times
Holding a cigarette smoker's reliance on tobacco companies' misrepresentations of the addictive nature of cigarettes was unreasonable once she suspected she was addicted to cigarettes, as evidenced by her decision to join "Nicotine Anonymous"
Hendy v. Losse
54 Cal.3d 723 (Cal. 1991) Cited 332 times
Affirming an order sustaining defendants' demurrer without leave to amend when the plaintiff filed an amended complaint omitting harmful allegations from the original unverified complaint
Sandell v. Taylor-Listug, Inc.
188 Cal.App.4th 297 (Cal. Ct. App. 2010) Cited 174 times 1 Legal Analyses
Holding that, to allege an age discrimination claim, a plaintiff must present evidence that she is over the age of forty
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,056 times
Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"
Section 12940 - [Effective Until 1/1/2025] Unlawful employment practices
Cal. Gov. Code § 12940 Cited 1,045 times
Prohibiting discrimination because of "sex, ... sexual orientation," etc.
Rule 2.251 - Electronic service
Cal. R. 2.251 Cited 15 times
(a)Authorization for electronic service When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter. For purposes of electronic service made pursuant to Penal Code section 690.5, express consent to electronic service is required.[]= (Subd (a) amended effective January 1, 2022; previously amended effective January 1, 2007

defendant san francisco unified school districts memorandum of points

29 Cited authorities

Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"

Holding Fair Employment and Housing Act "does not purport to outlaw discriminatory thoughts, beliefs, or stray remarks that are unconnected to employment decisionmaking."

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 "intentional infliction of emotional distress is an injury to the person"

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"

Finding that supervisory personnel could be vicariously liable and noting that "public school personnel may be individually liable for their negligent failure to protect students from harm at others' hands"

Holding a cigarette smoker's reliance on tobacco companies' misrepresentations of the addictive nature of cigarettes was unreasonable once she suspected she was addicted to cigarettes, as evidenced by her decision to join "Nicotine Anonymous"

Affirming an order sustaining defendants' demurrer without leave to amend when the plaintiff filed an amended complaint omitting harmful allegations from the original unverified complaint

Holding that, to allege an age discrimination claim, a plaintiff must present evidence that she is over the age of forty

Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"

Prohibiting discrimination because of "sex, ... sexual orientation," etc.