33 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 240,643 times 39 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 220,134 times 41 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Yanowitz v. L'Oreal USA Inc.
36 Cal.4th 1028 (Cal. 2005) Cited 1,569 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."
Morgan v. Regents of University of California
88 Cal.App.4th 52 (Cal. Ct. App. 2000) Cited 652 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"
Serri v. Santa Clara University
226 Cal.App.4th 830 (Cal. Ct. App. 2014) Cited 342 times 3 Legal Analyses
Affirming summary adjudication of harassment claims due to lack of "hostile or derogatory statements"
Bradley v. Harcourt, Brace & Co.
104 F.3d 267 (9th Cir. 1996) Cited 562 times 1 Legal Analyses
Holding that the plaintiff's evidence was insufficient as a matter of law to rebut the strong same-actor inference
Taylor v. Principal Financial Group, Inc.
93 F.3d 155 (5th Cir. 1996) Cited 547 times
Holding that "the employee's initial request for an accommodation . . . triggers the employer's obligation to participate in the interactive process of determining one"
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"
Kennedy v. Applause, Inc.
90 F.3d 1477 (9th Cir. 1996) Cited 518 times 1 Legal Analyses
Holding that Rule 4 did not apply because the amount of fees and costs had yet to be determined and the district court had requested briefing on the matter
Trujillo v. North County Transit Dist.
63 Cal.App.4th 280 (Cal. Ct. App. 1998) Cited 482 times 2 Legal Analyses
Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 335,322 times 160 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
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 2,856 times 11 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"
Section 12940 - Unlawful employment practices
Cal. Gov. Code § 12940 Cited 1,010 times
Prohibiting discrimination because of "sex, ... sexual orientation," etc.
Section 11068 - Reasonable Accommodation
Cal. Code Regs. tit. 2 § 11068 Cited 82 times 1 Legal Analyses
Granting or extending a leave may be a reasonable accommodation "provided that the leave is likely to be effective in allowing the employee to return to work at the end of the leave ...."

James Nakashima v. Canon Solutions America, Inc., et al

33 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

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."

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"

Affirming summary adjudication of harassment claims due to lack of "hostile or derogatory statements"

Holding that the plaintiff's evidence was insufficient as a matter of law to rebut the strong same-actor inference

Holding that "the employee's initial request for an accommodation . . . triggers the employer's obligation to participate in the interactive process of determining one"

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 Rule 4 did not apply because the amount of fees and costs had yet to be determined and the district court had requested briefing on the matter

Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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

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

Granting or extending a leave may be a reasonable accommodation "provided that the leave is likely to be effective in allowing the employee to return to work at the end of the leave ...."