facts support claim (California) · Go Syfert
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facts support claim in California

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.

Followed or applied (10)

CaseFollowedCited
Rojo v. Kligergreen
cal · 1990 · cited in 4 California opinions naming this issue, 2003–2024
2 sentences

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

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.

24
Okoli v. Lockheed Technical Operations Co.green
calctapp · 1995 · cited in 3 California opinions naming this issue, 2021–2025
2 sentences

2025By 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

13
Wills v. Superior Courtgreen
calctapp · 2011 · cited in 3 California opinions naming this issue, 2021–2025
2 sentences

2025By 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

13
Hobson v. Raychem Corp.green
calctapp · 1999 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(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

11
Colmenares v. Braemar Country Club, Inc.green
cal · 2003 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(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

11
Dickinson v. Cosbygreen
calctapp5d · 2019 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(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.

11
Baker v. Children's Hospital Medical Centergreen
calctapp · 1989 · cited in 1 California opinions naming this issue, 1990–1990
2 sentences

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

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

11
Stephens v. Coldwell Banker Commercial Group, Inc.green
calctapp · 1988 · cited in 1 California opinions naming this issue, 1990–1990
2 sentences

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

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

11
McDonough v. Goodcellgreen
cal · 1939 · cited in 1 California opinions naming this issue, 1952–1952
2 sentences

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.

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.

11
Southern California Jockey Club, Inc. v. California Horse Racing Boardgreen
cal · 1950 · cited in 1 California opinions naming this issue, 1952–1952
2 sentences

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.

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.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Ramirez v. USAA Casualty Insurance green
calctapp · 1991
1 sentence

2015Co. (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.

12015–2015
Keiffer v. Bechtel Corp. green
calctapp · 1998
1 sentence

2013By 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

12013–2013
Swartzendruber v. City of San Diego green
calctapp · 1992
2 sentences

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

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

12003–2003
Johnson v. City of Loma Linda green
cal · 2000
2 sentences

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

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

12003–2003
Vierra v. Fifth Avenue Rental Service green
cal · 1963
2 sentences

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.

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.

11973–1973

Statutes the citing opinions construe

CA § Cal. Government Code § 12900 (5) CA § Cal. Government Code § 12960 (3)

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.

Where else courts name it

CA 11 (1952–2025) WA 8 (2003–2026) MO 5 (1995–2025) MD 3 (2017–2021) NY 2 (1993–2004) TX 2 (2013–2013) ME 2 (2009–2015) KY 2 (2025–2025) GA 2 (1978–1988) IL 2 (1942–2025)

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.

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