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Xochitl Nisbet v. American National Red Cross et al

NOTICE OF MOTION AND MOTION for Summary Judgment

55 Cited authorities

  1. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,377 times   95 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

  2. 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

  3. Guz v. Bechtel National, Inc.

    24 Cal.4th 317 (Cal. 2000)   Cited 3,257 times   4 Legal Analyses
    Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

  4. Lazar v. Superior Court

    12 Cal.4th 631 (Cal. 1996)   Cited 1,666 times   3 Legal Analyses
    Holding that justifiable reliance is a required element of a fraud claim

  5. Hughes v. Pair

    46 Cal.4th 1035 (Cal. 2009)   Cited 964 times   4 Legal Analyses
    Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress

  6. Guthrey v. State of California

    63 Cal.App.4th 1108 (Cal. Ct. App. 1998)   Cited 732 times
    Granting attorneys' fees where the court held "there is absolutely no evidence on the record which supports a finding that [plaintiff] has established a prima facie case for any of his claims"

  7. 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"

  8. Aguilar v. Avis Rent A Car System, Inc.

    21 Cal.4th 121 (Cal. 1999)   Cited 588 times   1 Legal Analyses
    Holding that enjoining a defendant's use of racial epithets at the defendant's workplace was not an unconstitutional prior restraint because it was based "on [his] continuing course of repetitive conduct" that violated employment discrimination law

  9. 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"

  10. 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."

  11. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,925 times   315 Legal Analyses
    Prohibiting unlawful business practices

  12. Section 12900 - Short title

    Cal. Gov. Code § 12900   Cited 2,257 times   9 Legal Analyses

    This part may be known and referred to as the "California Fair Employment and Housing Act." Ca. Gov. Code § 12900 Amended by Stats 2022 ch 48 (SB 189),s 29, eff. 6/30/2022(amended Part heading). Added by Stats. 1980, Ch. 992.

  13. Section 1856 - Contradiction of terms of agreement by evidence of prior agreement or contemporaneous oral agreement; evidence explaining or supplementing terms

    Cal. Code Civ. Proc. § 1856   Cited 969 times   6 Legal Analyses
    Codifying the use of "course of performance" evidence as extrinsic evidence

  14. 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 "

  15. Section 1710 - Deceit defined

    Cal. Civ. Code § 1710   Cited 893 times   2 Legal Analyses
    Defining "deceit"

  16. Section 1598 - Object void

    Cal. Civ. Code § 1598   Cited 138 times   1 Legal Analyses

    Where a contract has but a single object, and such object is unlawful, whether in whole or in part, or wholly impossible of performance, or so vaguely expressed as to be wholly unascertainable, the entire contract is void. Ca. Civ. Code § 1598 Enacted 1872.

  17. Section 300105 - Powers

    36 U.S.C. § 300105   Cited 43 times

    (a) GENERAL.-The corporation may- (1) adopt policies and regulations; (2) adopt, alter, and destroy a seal; (3) own and dispose of property to carry out the purposes of the corporation; (4) accept gifts, devises, and bequests of property to carry out the purposes of the corporation; (5) sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States; and (6) do any other act necessary to carry out this chapter and promote the purposes of the corporation