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Pachmann v. Shasta Beverages Inc et al

NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Sixth Cause of Action for Intentional Infliction of Emotional Distress

11 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,360 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,336 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,517 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  4. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,043 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  5. Hughes v. Pair

    46 Cal.4th 1035 (Cal. 2009)   Cited 953 times   4 Legal Analyses
    Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress

  6. Janken v. GM Hughes Electronics

    46 Cal.App.4th 55 (Cal. Ct. App. 1996)   Cited 534 times
    Holding that "[t]he intentional infliction of emotional distress claim fails" where "[t]he factual allegations . . . plead claims of discrimination" but not more

  7. Shoemaker v. Myers

    52 Cal.3d 1 (Cal. 1990)   Cited 459 times   1 Legal Analyses
    Holding that "no employee has a vested contractual right ... beyond the time or contrary to the terms and conditions fixed by law"

  8. Cole v. Fair Oaks Fire Protection Dist.

    43 Cal.3d 148 (Cal. 1987)   Cited 445 times
    Holding that exclusivity rule applied where employer falsely accused employee of misconduct, subjected employee to a "kangaroo" disciplinary proceeding, publicly demoted him, gave him burdensome and menial duties, and filed an application to force him to retire involuntarily

  9. Alcorn v. Anbro Engineering, Inc.

    2 Cal.3d 493 (Cal. 1970)   Cited 507 times
    Holding that plaintiff's race-based employment discrimination claim was not covered by Unruh Act

  10. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,399 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Section 3600 - Generally

    Cal. Lab. Code § 3600   Cited 884 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 "