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WILLIAMS v. S.C. (MARSHALLS OF CA)

Petitioner’s Response to Amicus Curiae Brief

62 Cited authorities

  1. Martin v. Franklin Capital

    546 U.S. 132 (2005)   Cited 4,786 times   9 Legal Analyses
    Holding “absent unusual circumstances, attorney's fees should not be awarded when the removing party has an objectively reasonable basis for removal”

  2. Iskanian v. CSL Transportation Los Angeles, LLC

    59 Cal.4th 348 (Cal. 2014)   Cited 690 times   144 Legal Analyses
    Holding that arbitration provisions banning class-action litigation or collective arbitration of employment-related claims are enforceable under the NLRA and the FAA's saving clause, but also holding that arbitration provisions banning representative claims under California's Private Attorneys General Act violates that Act

  3. Arias v. Superior Court (Angelo Dairy)

    46 Cal.4th 969 (Cal. 2009)   Cited 579 times   13 Legal Analyses
    Holding that proof of a Labor Code violation is a prerequisite to recovery of PAGA penalties

  4. Sav-On Drug Stores, Inc. v. Superior Court

    34 Cal.4th 319 (Cal. 2004)   Cited 514 times   10 Legal Analyses
    Holding that common questions predominated in overtime case brought by chain store managers

  5. Flight Attendants v. Zipes

    491 U.S. 754 (1989)   Cited 250 times
    Holding that where there is no finding of liability under a federal statute, there can be no award of attorneys' fees

  6. Hill v. Nat'l Collegiate Athletic Ass'n

    7 Cal.4th 1 (Cal. 1994)   Cited 639 times   12 Legal Analyses
    Holding that students' consent to drug tests as a condition of participating in athletics barred their privacy claims

  7. Californians for Disability Rights v. Mervyn's LLC

    39 Cal.4th 223 (Cal. 2006)   Cited 416 times   1 Legal Analyses
    Referring to "uninjured persons" suing under the UCL as "private attorneys general"

  8. Gentry v. Superior Court

    42 Cal.4th 443 (Cal. 2007)   Cited 348 times   65 Legal Analyses
    Holding that an employee's signature on receipt of "issue resolution package," which included a 30-day opt-out provision of arbitration agreement, "reasonably led" his employer to believe "that his failure to opt out constituted acceptance of the arbitration agreement"

  9. United States ex rel. Karvelas v. Melrose-Wakefield Hospital

    360 F.3d 220 (1st Cir. 2004)   Cited 371 times   4 Legal Analyses
    Holding that protected conduct is "conduct that reasonably could lead to a viable FCA action"

  10. Sakkab v. Luxottica Retail N. Am., Inc.

    803 F.3d 425 (9th Cir. 2015)   Cited 223 times   25 Legal Analyses
    Holding that the Federal Arbitration Act did not preempt PAGA because it is a "form of qui tam " action

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,840 times   1232 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  12. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,708 times   624 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  13. Section 1021.5 - Attorney's fees in action resulting in enforcement of important right affecting public interest

    Cal. Code Civ. Proc. § 1021.5   Cited 1,723 times   19 Legal Analyses
    Providing that "a court may award" attorney's fees "to a successful party "

  14. Section 2698 - Title of part

    Cal. Lab. Code § 2698   Cited 1,542 times   36 Legal Analyses

    This part shall be known and may be cited as the Labor Code Private Attorneys General Act of 2004. Ca. Lab. Code § 2698 Added by Stats 2003 ch 906 (SB 796), s 2, eff. 1/1/2004.

  15. Section 2699 - Civil penalty; civil action by aggrieved employee to recover

    Cal. Lab. Code § 2699   Cited 1,288 times   33 Legal Analyses
    Providing that "[a]ny employee who prevails in any action" shall be entitled to reasonable attorney's fees

  16. Section 1174 - Duties of employers

    Cal. Lab. Code § 1174   Cited 359 times   2 Legal Analyses
    Requiring employers to keep payroll records of hours worked daily by employees

  17. Section 1193.5 - Authority to division representative

    Cal. Lab. Code § 1193.5   Cited 23 times

    The provisions of this chapter shall be administered and enforced by the division. Any authorized representative of the division shall have authority to: (a) Investigate and ascertain the wages of all employees, and the hours and working conditions of all employees employed in any occupation in the state; (b) Supervise the payment of unpaid minimum wages or unpaid overtime compensation owing to any employee under the provisions of this chapter or the orders of the commission. Acceptance of payment

  18. Section 2019.020 - Methods used in sequence

    Cal. Code Civ. Proc. § 2019.020   Cited 4 times

    (a) Except as otherwise provided by a rule of the Judicial Council, a local court rule, or a local uniform written policy, the methods of discovery may be used in any sequence, and the fact that a party is conducting discovery, whether by deposition or another method, shall not operate to delay the discovery of any other party. (b) Notwithstanding subdivision (a), on motion and for good cause shown, the court may establish the sequence and timing of discovery for the convenience of parties and witnesses

  19. Rule 8.490 - Filing, finality, and modification of decisions; rehearing; remittitur

    Cal. R. 8.490   Cited 1,043 times

    (a)Filing and modification of decisions Rule 8.264(a) and (c) govern the filing and modification of decisions in writ proceedings. (b)Finality of decision (1) Except as otherwise ordered by the court, the following decisions regarding petitions for writs within the court's original jurisdiction are final in the issuing court when filed: (A) An order denying or dismissing such a petition without issuance of an alternative writ, order to show cause, or writ of review; and (B) An order denying or dismissing

  20. 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)