§Why CasetextPricing

McLEAN v. STATE OF CALIFORNIA

Respondent, State of California, Petition for Review

50 Cited authorities

  1. Brinker Rest. Corp. v. Superior Court of San Diego Cnty.

    53 Cal.4th 1004 (Cal. 2012)   Cited 800 times   82 Legal Analyses
    Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"

  2. Briggs v. Eden Council for Hope Opportunity

    19 Cal.4th 1106 (Cal. 1999)   Cited 1,069 times   3 Legal Analyses
    Holding that anti-SLAPP motions brought "to strike a cause of action arising from a statement made before, or in connection with an issue under consideration by, a legally authorized official proceeding need not separately demonstrate that the statement concerned an issue of public significance."

  3. Martinez v. Combs

    49 Cal.4th 35 (Cal. 2010)   Cited 479 times   45 Legal Analyses
    Holding that California's wage and hour laws do not impose liability on "individual corporate agents acting within the scope of their agency"

  4. Murphy v. Kenneth Cole Productions Inc.

    40 Cal.4th 1094 (Cal. 2007)   Cited 514 times   19 Legal Analyses
    Holding that California Labor Code claims have a three-year statute of limitations

  5. Dyna-Med, Inc. v. Fair Employment Housing Com

    43 Cal.3d 1379 (Cal. 1987)   Cited 888 times
    Holding that the statute did not extend to cover remedies that were “different in kind from the enumerated remedies,” because “ more reasonable reading of the phrase ‘including, but not limited to,’ ... permitting only additional corrective remedies comports with the statutory construction doctrines of ejusdem generis, expressio unius est exclusio alterius and noscitur a sociis.”

  6. People v. Hudson

    38 Cal.4th 1002 (Cal. 2006)   Cited 429 times
    Holding that “for purposes of section 2800.1, a pursuing peace officer's vehicle is ‘distinctively marked’ if its outward appearance during the pursuit exhibits, in addition to a red light and a siren, one or more features that are reasonably visible to other drivers and distinguish it from vehicles not used for law enforcement so as to give reasonable notice to the fleeing motorist that the pursuit is by the police”

  7. Mejia v. Reed

    31 Cal.4th 657 (Cal. 2003)   Cited 310 times
    Holding that under Cal. Civ. Code § 3439.04, a transfer can be fraudulent "both as to present and future creditors"

  8. Reynolds v. Bement

    36 Cal.4th 1075 (Cal. 2005)   Cited 273 times   9 Legal Analyses
    Holding that statutes are construed in light of the common law unless the Legislature clearly and unequivocally indicates otherwise

  9. Hassan v. Mercy American River Hospital

    31 Cal.4th 709 (Cal. 2003)   Cited 288 times   4 Legal Analyses
    Considering this issue in the context of statutory interpretation

  10. Smith v. Superior Court

    39 Cal.4th 77 (Cal. 2006)   Cited 240 times   4 Legal Analyses
    Stating that a broad construction of the term "discharge" in § 201 made sense "in light of the important public policy at stake"

  11. Section 203 - Failure to pay; penalties

    Cal. Lab. Code § 203   Cited 1,622 times   21 Legal Analyses
    Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"

  12. Section 202 - Employees not under contract; notice; state employees

    Cal. Lab. Code § 202   Cited 746 times   7 Legal Analyses
    Awarding immediate payment of all earned and unpaid wages upon discharge, layoff, or resignation

  13. Section 1

    Cal. Const. art. VII § 1   Cited 63 times

    (a) The civil service includes every officer and employee of the State except as otherwise provided in this Constitution. (b) In the civil service permanent appointment and promotion shall be made under a general system based on merit ascertained by competitive examination. Cal. Const. art. VII § 1

  14. Section 11040 - Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations

    Cal. Code Regs. tit. 8 § 11040   Cited 340 times   16 Legal Analyses
    Adopting this provision of the former CFR

  15. Rule 8.278 - Costs on appeal

    Cal. R. 8.278   Cited 4,804 times

    (a)Award of costs (1) Except as provided in this rule, the party prevailing in the Court of Appeal in a civil case other than a juvenile case is entitled to costs on appeal. (2) The prevailing party is the respondent if the Court of Appeal affirms the judgment without modification or dismisses the appeal. The prevailing party is the appellant if the court reverses the judgment in its entirety. (3) If the Court of Appeal reverses the judgment in part or modifies it, or if there is more than one notice

  16. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)