§Why CasetextPricing

Hannah L Tye v. Wells Fargo Capital Finance, Llc et al

NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims

45 Cited authorities

  1. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,315 times   100 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

  2. Yanowitz v. L'Oreal USA Inc.

    36 Cal.4th 1028 (Cal. 2005)   Cited 1,534 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. Surrell v. California

    518 F.3d 1097 (9th Cir. 2008)   Cited 733 times   3 Legal Analyses
    Holding that a plaintiff's federal claims will be deemed exhausted absent a right-to-sue letter from the EEOC if she received a right-to-sue letter from an appropriate state agency that has a work-sharing agreement with the EEOC

  4. Morgan v. Regents of University of California

    88 Cal.App.4th 52 (Cal. Ct. App. 2000)   Cited 644 times   4 Legal Analyses
    Holding plaintiff "must obtain from the [DFEH] a notice of right to sue in order to be entitled to file a civil action in court based on violations of FEHA"

  5. Miklosy v. Regents of University of California

    44 Cal.4th 876 (Cal. 2008)   Cited 460 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

  6. Turner v. Anheuser-Busch, Inc.

    7 Cal.4th 1238 (Cal. 1994)   Cited 677 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"

  7. Lyle v. Warner Brothers Television Productions

    38 Cal.4th 264 (Cal. 2006)   Cited 460 times   5 Legal Analyses
    Holding that "California courts have adopted the same standard as [Title VII] for hostile work environment sexual harassment claims."

  8. Janken v. GM Hughes Electronics

    46 Cal.App.4th 55 (Cal. Ct. App. 1996)   Cited 536 times
    Holding that "[t]he intentional infliction of emotional distress claim fails" where "[t]he factual allegations . . . plead claims of discrimination" but not more

  9. Arteaga v. Brink's, Inc.

    163 Cal.App.4th 327 (Cal. Ct. App. 2008)   Cited 324 times   6 Legal Analyses
    Holding that elements of a common law disability discrimination claim are the same as those of a FEHA claim

  10. Fisher v. San Pedro Peninsula Hosp.

    214 Cal.App.3d 590 (Cal. Ct. App. 1989)   Cited 502 times
    Holding that despite sufficiently pled sexual harassment by a physician, plaintiff must also sufficiently plead employer ratified acts to plead prayer for punitive damages against employer

  11. Section 437c - Motion for summary judgment

    Cal. Code Civ. Proc. § 437c   Cited 8,275 times   7 Legal Analyses
    Ruling on summary judgment motion must be based on "papers submitted" with the motion

  12. 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 2,808 times   9 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"

  13. Section 3600 - Generally

    Cal. Lab. Code § 3600   Cited 896 times   6 Legal Analyses
    Noting that liability for compensation under California's Workers’ Compensation Act is "in lieu of any other liability whatsoever to any person "

  14. Section 3602 - Willful assault by employer; fraudulent concealment of injury; defective product manufactured by employer

    Cal. Lab. Code § 3602   Cited 445 times   1 Legal Analyses
    Revealing that California's exclusive-remedy provision explicitly applies to "the employee or his or her dependents "

  15. Section 3601 - Willful and unprovoked physical act of aggression of other employee; intoxication of other employee

    Cal. Lab. Code § 3601   Cited 393 times   2 Legal Analyses
    Setting forth exceptions of injury caused by the willful and unprovoked physical act of aggression by an employee or injury caused by the intoxication of the other employee

  16. Section 5300 - Proceedings instituted before appeals board

    Cal. Lab. Code § 5300   Cited 179 times
    Providing that suits seeking workers compensation "shall be instituted before the appeals board and not elsewhere..."