11 California opinions name it 2 courts 1952–2025 4 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rojo v. Kligergreen2 sentences2024By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages and, in any event, is not an impediment to civil suit, in that the [DFEH’s] practice evidently is to issue a right-to- sue letter [citation] at the employee’s request as a matter of course [citations].” ( Rojo, supra, 52 Cal.3d at pp. 83-84, fn. omitted.) To effectuate these purposes, the administrative exhaustion requirement is sat 2021By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages and, in any event, is not an impediment to civil suit, in that the [DFEH’s] practice evidently is to issue a right-to-sue letter (§ 12965) at the employee’s request as a matter of course [citations].” ( Rojo, supra, 52 Cal.3d at pp. 83–84.) b. | 2 | 4 |
Okoli v. Lockheed Technical Operations Co.green2 sentences2025By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages and, in any event, is not an impediment to civil suit, in that the [DFEH’s] practice evidently is to issue a right-to-sue letter [citation] at the employee’s request as a matter of course [citations].” (Fn. omitted.) To effectuate these purposes, the administrative exhaustion requirement is satisfied if the FEHA claims in the judici 2024By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages and, in any event, is not an impediment to civil suit, in that the [DFEH’s] practice evidently is to issue a right-to- sue letter [citation] at the employee’s request as a matter of course [citations].” ( Rojo, supra, 52 Cal.3d at pp. 83-84, fn. omitted.) To effectuate these purposes, the administrative exhaustion requirement is sat | 1 | 3 |
Wills v. Superior Courtgreen2 sentences2025By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages and, in any event, is not an impediment to civil suit, in that the [DFEH’s] practice evidently is to issue a right-to-sue letter [citation] at the employee’s request as a matter of course [citations].” (Fn. omitted.) To effectuate these purposes, the administrative exhaustion requirement is satisfied if the FEHA claims in the judici 2024By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages and, in any event, is not an impediment to civil suit, in that the [DFEH’s] practice evidently is to issue a right-to- sue letter [citation] at the employee’s request as a matter of course [citations].” ( Rojo, supra, 52 Cal.3d at pp. 83-84, fn. omitted.) To effectuate these purposes, the administrative exhaustion requirement is sat | 1 | 3 |
Hobson v. Raychem Corp.green1 sentence2025(See § 12960, subd. (c) [a DFEH complaint “shall set forth the particulars [of the unlawful practice]”; see also Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 630 , disapproved on another ground by Colmenares v. Braemar Country Club, Inc. (2003) 29 Cal.4th 1019, 1031 [the DFEH complaint must “identify[ ] with specificity the discrimination alleged and the facts supporting it, including the nature of the disability claimed” because the purpose of the charge is “to supply fair notice of the facts, sufficient to permit investigation”].) Here, Jaimes did not meet the statutory requirements fo | 1 | 1 |
Colmenares v. Braemar Country Club, Inc.green1 sentence2025(See § 12960, subd. (c) [a DFEH complaint “shall set forth the particulars [of the unlawful practice]”; see also Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 630 , disapproved on another ground by Colmenares v. Braemar Country Club, Inc. (2003) 29 Cal.4th 1019, 1031 [the DFEH complaint must “identify[ ] with specificity the discrimination alleged and the facts supporting it, including the nature of the disability claimed” because the purpose of the charge is “to supply fair notice of the facts, sufficient to permit investigation”].) Here, Jaimes did not meet the statutory requirements fo | 1 | 1 |
Dickinson v. Cosbygreen1 sentence2022(Dickinson v. Cosby (2019) 37 Cal.App.5th 1138, 1155 (Dickinson).) We also bear in mind the clear and convincing standard of proof if the facts support this standard. | 1 | 1 |
Baker v. Children's Hospital Medical Centergreen2 sentences1990By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages and, in any event, is not an impediment to civil suit, in *84 that the Department's practice evidently is to issue a right-to-sue letter (§ 12965) at the employee's request as a matter of course ( Dyna-Med, Inc. v. Fair Employment & Housing Com., supra, 43 Cal.3d at pp. 1401-1402; see, e.g., Baker v. Children's Hospital Medical Cent 1990By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages and, in any event, is not an impediment to civil suit, in *84 that the Department's practice evidently is to issue a right-to-sue letter (§ 12965) at the employee's request as a matter of course ( Dyna-Med, Inc. v. Fair Employment & Housing Com., supra, 43 Cal.3d at pp. 1401-1402; see, e.g., Baker v. Children's Hospital Medical Cent | 1 | 1 |
Stephens v. Coldwell Banker Commercial Group, Inc.green2 sentences1990By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages and, in any event, is not an impediment to civil suit, in *84 that the Department's practice evidently is to issue a right-to-sue letter (§ 12965) at the employee's request as a matter of course ( Dyna-Med, Inc. v. Fair Employment & Housing Com., supra, 43 Cal.3d at pp. 1401-1402; see, e.g., Baker v. Children's Hospital Medical Cent 1990By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages and, in any event, is not an impediment to civil suit, in *84 that the Department's practice evidently is to issue a right-to-sue letter (§ 12965) at the employee's request as a matter of course ( Dyna-Med, Inc. v. Fair Employment & Housing Com., supra, 43 Cal.3d at pp. 1401-1402; see, e.g., Baker v. Children's Hospital Medical Cent | 1 | 1 |
McDonough v. Goodcellgreen2 sentences1952Benefit claims, accordingly, are not comparable to applications for business and professional licenses such as those considered in McDonough v. Goodcell, 13 Cal.2d 741, 746-749 [ 91 P.2d 1035 ], and Southern Cal. Jockey Club v. California Racing Board, 36 Cal.2d 167, 174-175 [ 223 P.2d 1 ], where we held that a denial of the licenses did not interfere with property rights. 1952Benefit claims, accordingly, are not comparable to applications for business and professional licenses such as those considered in McDonough v. Goodcell, 13 Cal.2d 741, 746-749 [ 91 P.2d 1035 ], and Southern Cal. Jockey Club v. California Racing Board, 36 Cal.2d 167, 174-175 [ 223 P.2d 1 ], where we held that a denial of the licenses did not interfere with property rights. | 1 | 1 |
Southern California Jockey Club, Inc. v. California Horse Racing Boardgreen2 sentences1952Benefit claims, accordingly, are not comparable to applications for business and professional licenses such as those considered in McDonough v. Goodcell, 13 Cal.2d 741, 746-749 [ 91 P.2d 1035 ], and Southern Cal. Jockey Club v. California Racing Board, 36 Cal.2d 167, 174-175 [ 223 P.2d 1 ], where we held that a denial of the licenses did not interfere with property rights. 1952Benefit claims, accordingly, are not comparable to applications for business and professional licenses such as those considered in McDonough v. Goodcell, 13 Cal.2d 741, 746-749 [ 91 P.2d 1035 ], and Southern Cal. Jockey Club v. California Racing Board, 36 Cal.2d 167, 174-175 [ 223 P.2d 1 ], where we held that a denial of the licenses did not interfere with property rights. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ramirez v. USAA Casualty Insurance
green
1 sentence2015Co. (1991) 234 Cal.App.3d 391 at page 397, which provides: “A general demurrer admits the truth of all material facts alleged in the complaint.” He says that respondents have, therefore, admitted all the alleged facts and the only question is whether the alleged facts support a claim. | 1 | 2015–2015 |
Keiffer v. Bechtel Corp.
green
1 sentence2013By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful 6 For the same reasons, Simon‟s arguments relating to equitable tolling, waiver, estoppel and tolling are not properly before this court. 11 practice or mitigate damages and, in any event, is not an impediment to civil suit, in that the Department‟s practice evidently is to issue a right-to-sue letter (§ 12965) at the employee‟s request as a matter of course [c | 1 | 2013–2013 |
Swartzendruber v. City of San Diego
green
2 sentences2003By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages...." ( Rojo, supra, 52 Cal.3d at p. 83 , 276 Cal.Rptr. 130 , 801 P.2d 373 .) [3] Where, as here, the employee seeks to pursue an FEHA-based action in superior court, then of course the separate administrative remedy provided under the FEHA must be exhausted as well, pursuant to the provisions of the FEHA. [4] In Swartzendruber v. Ci 2003By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages...." ( Rojo, supra, 52 Cal.3d at p. 83 , 276 Cal.Rptr. 130 , 801 P.2d 373 .) [3] Where, as here, the employee seeks to pursue an FEHA-based action in superior court, then of course the separate administrative remedy provided under the FEHA must be exhausted as well, pursuant to the provisions of the FEHA. [4] In Swartzendruber v. Ci | 1 | 2003–2003 |
Johnson v. City of Loma Linda
green
2 sentences2003By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages...." ( Rojo, supra, 52 Cal.3d at p. 83 , 276 Cal.Rptr. 130 , 801 P.2d 373 .) [3] Where, as here, the employee seeks to pursue an FEHA-based action in superior court, then of course the separate administrative remedy provided under the FEHA must be exhausted as well, pursuant to the provisions of the FEHA. [4] In Swartzendruber v. Ci 2003By contrast, in those cases appropriate for judicial resolution, as where the facts support a claim for compensatory or punitive damages, the exhaustion requirement may nevertheless lead to settlement and serve to eliminate the unlawful practice or mitigate damages...." ( Rojo, supra, 52 Cal.3d at p. 83 , 276 Cal.Rptr. 130 , 801 P.2d 373 .) [3] Where, as here, the employee seeks to pursue an FEHA-based action in superior court, then of course the separate administrative remedy provided under the FEHA must be exhausted as well, pursuant to the provisions of the FEHA. [4] In Swartzendruber v. Ci | 1 | 2003–2003 |
Vierra v. Fifth Avenue Rental Service
green
2 sentences1973In Vierra v. Fifth Avenue Rental Service (1963) 60 Cal.2d 266 [ 32 Cal.Rptr. 193 , 383 P.2d 777 ], the court distinguished the respective doctrines of assumption of risk and contributory negligence as follows on page 271: “The doctrine is to be distinguished from contributory negligence (see Note 82 A.L.R.2d 1218 ), although the two may arise from the same set of facts and frequently overlap. 1973In Vierra v. Fifth Avenue Rental Service (1963) 60 Cal.2d 266 [ 32 Cal.Rptr. 193 , 383 P.2d 777 ], the court distinguished the respective doctrines of assumption of risk and contributory negligence as follows on page 271: “The doctrine is to be distinguished from contributory negligence (see Note 82 A.L.R.2d 1218 ), although the two may arise from the same set of facts and frequently overlap. | 1 | 1973–1973 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.