Lockheed motion (California) · Go Syfert
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Lockheed motion in California

9 California opinions name it 2 courts 1977–2014 0 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 (5)

CaseFollowedCited
Cruz v. Homebasegreen
calctapp · 2000 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Code, § 3294, subds. (a), (b); see White v. Ultramar, Inc. (1999) 21 Cal.4th 563, 572 [ 88 Cal.Rptr.2d 19 , 981 P.2d 944 ] (White); see also Cruz v. HomeBase (2000) 83 Cal.App.4th 160, 167 [ 99 Cal.Rptr.2d 435 ] [“ ‘Managing agents’ are employees who ‘exercise[] substantial discretionary authority over decisions that ultimately determine corporate policy.’ [Citation.]” (italics omitted)].) The trial court granted Lockheed’s motion for directed verdict on the ground Gelfo failed to present sufficiently clear and convincing evidence to permit the jury to find a corporate decision maker was invol

2006Code, § 3294, subds. (a), (b); see White v. Ultramar, Inc. (1999) 21 Cal.4th 563, 572 [ 88 Cal.Rptr.2d 19 , 981 P.2d 944 ] (White); see also Cruz v. HomeBase (2000) 83 Cal.App.4th 160, 167 [ 99 Cal.Rptr.2d 435 ] [“ ‘Managing agents’ are employees who ‘exercise[] substantial discretionary authority over decisions that ultimately determine corporate policy.’ [Citation.]” (italics omitted)].) The trial court granted Lockheed’s motion for directed verdict on the ground Gelfo failed to present sufficiently clear and convincing evidence to permit the jury to find a corporate decision maker was invol

11
White v. Ultramar, Inc.green
cal · 1999 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Code, § 3294, subds. (a), (b); see White v. Ultramar, Inc. (1999) 21 Cal.4th 563, 572 [ 88 Cal.Rptr.2d 19 , 981 P.2d 944 ] (White); see also Cruz v. HomeBase (2000) 83 Cal.App.4th 160, 167 [ 99 Cal.Rptr.2d 435 ] [“ ‘Managing agents’ are employees who ‘exercise[] substantial discretionary authority over decisions that ultimately determine corporate policy.’ [Citation.]” (italics omitted)].) The trial court granted Lockheed’s motion for directed verdict on the ground Gelfo failed to present sufficiently clear and convincing evidence to permit the jury to find a corporate decision maker was invol

2006Code, § 3294, subds. (a), (b); see White v. Ultramar, Inc. (1999) 21 Cal.4th 563, 572 [ 88 Cal.Rptr.2d 19 , 981 P.2d 944 ] (White); see also Cruz v. HomeBase (2000) 83 Cal.App.4th 160, 167 [ 99 Cal.Rptr.2d 435 ] [“ ‘Managing agents’ are employees who ‘exercise[] substantial discretionary authority over decisions that ultimately determine corporate policy.’ [Citation.]” (italics omitted)].) The trial court granted Lockheed’s motion for directed verdict on the ground Gelfo failed to present sufficiently clear and convincing evidence to permit the jury to find a corporate decision maker was invol

11
California Teachers Ass'n v. Governing Board of Rialto Unified School Districtgreen
cal · 1997 · cited in 1 California opinions naming this issue, 2002–2002
2 sentences

2002Finally, the fact that the statute may have a “devastating effect” on some honest claimants does not show the Legislature did not mean what it said. “ ‘This court has no power to rewrite the statute so as to make it conform to a presumed intention which is not expressed. [Citations.]’ ” {California Teachers Assn v. Governing Bd. of Rialto Unified School Dist. (1997) 14 Cal.4th 627, 633 [ 59 Cal.Rptr.2d 671 , 927 P.2d 1175 ].) *1249 Thus, CAAA’s policy concerns, expressed in a parade of horribles—delay or denial of benefits, delay in employees’ return to work, litigation explosion, increased cl

2002Finally, the fact that the statute may have a “devastating effect” on some honest claimants does not show the Legislature did not mean what it said. “ ‘This court has no power to rewrite the statute so as to make it conform to a presumed intention which is not expressed. [Citations.]’ ” {California Teachers Assn v. Governing Bd. of Rialto Unified School Dist. (1997) 14 Cal.4th 627, 633 [ 59 Cal.Rptr.2d 671 , 927 P.2d 1175 ].) *1249 Thus, CAAA’s policy concerns, expressed in a parade of horribles—delay or denial of benefits, delay in employees’ return to work, litigation explosion, increased cl

11
McDonnell Douglas Corp. v. Greengreen
scotus · 1973 · cited in 1 California opinions naming this issue, 1996–1996
2 sentences

1996As the court stated, “[The employer] sought mechanics, [Green’s] trade, and continued to do so after [Green’s] rejection. [The employer], moreover, does not dispute [Green’s] qualifications and acknowledges that his past work performance in [employer’s] employ was ‘satisfactory.’ ” (McDonnell Douglas Corp. v. Green, supra, 411 U.S. at p. 802 [ 36 L.Ed.2d at p. 678 ], fns. omitted.) Hence, as the facts of McDonnell Douglas demonstrate, nothing within McDonnell Douglas itself supports Lockheed’s claim as to the elements of a plaintiff’s prima facie case. 6 The dissent in St.

1996As the court stated, “[The employer] sought mechanics, [Green’s] trade, and continued to do so after [Green’s] rejection. [The employer], moreover, does not dispute [Green’s] qualifications and acknowledges that his past work performance in [employer’s] employ was ‘satisfactory.’ ” (McDonnell Douglas Corp. v. Green, supra, 411 U.S. at p. 802 [ 36 L.Ed.2d at p. 678 ], fns. omitted.) Hence, as the facts of McDonnell Douglas demonstrate, nothing within McDonnell Douglas itself supports Lockheed’s claim as to the elements of a plaintiff’s prima facie case. 6 The dissent in St.

11
Saint Francis College v. Al-Khazrajigreen
scotus · 1987 · cited in 1 California opinions naming this issue, 1994–1994
2 sentences

1994On appeal, Lockheed urges this court to uphold the trial court’s conclusion, citing to the “common popular understanding that there are three major human races — Caucasoid, Mongoloid, and Negroid.” (Saint Francis College v. Al-Khazraji (1987) 481 U.S. 604, 610, fn. 4 [ 95 L.Ed.2d 582 , 590, 107 S.Ct. 2022 ].) As we shall see, the lack of a common understanding of how to define race, which the Supreme Court acknowledged in Saint Francis, defeats Lockheed’s claim.

1994On appeal, Lockheed urges this court to uphold the trial court’s conclusion, citing to the “common popular understanding that there are three major human races — Caucasoid, Mongoloid, and Negroid.” (Saint Francis College v. Al-Khazraji (1987) 481 U.S. 604, 610, fn. 4 [ 95 L.Ed.2d 582 , 590, 107 S.Ct. 2022 ].) As we shall see, the lack of a common understanding of how to define race, which the Supreme Court acknowledged in Saint Francis, defeats Lockheed’s claim.

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 (7)

CaseCitedYears
Yee v. Mobilehome Park Rental Review Board green
calctapp · 1998
1 sentence

2014(Trafton v. Youngblood (1968) 69 Cal.2d 17, 31 ; Stockton v. Ortiz, supra, 47 Cal.App.3d at pp. 192- 194; Yee v. Mobilehome Park Rental Review Bd. (1998) 62 Cal.App.4th 1409, 1417 , 1428- 1429.) The City contends it “could not have amended the complaint earlier because Shell did not disclose its Lockheed defense until the eve of trial.” But the City had known Dr. Wilson would be a witness since May 2009.

12014–2014
Trafton v. Youngblood green
cal · 1968
1 sentence

2014(Trafton v. Youngblood (1968) 69 Cal.2d 17, 31 ; Stockton v. Ortiz, supra, 47 Cal.App.3d at pp. 192- 194; Yee v. Mobilehome Park Rental Review Bd. (1998) 62 Cal.App.4th 1409, 1417 , 1428- 1429.) The City contends it “could not have amended the complaint earlier because Shell did not disclose its Lockheed defense until the eve of trial.” But the City had known Dr. Wilson would be a witness since May 2009.

12014–2014
Stockton v. Ortiz green
calctapp · 1975
1 sentence

2014(Trafton v. Youngblood (1968) 69 Cal.2d 17, 31 ; Stockton v. Ortiz, supra, 47 Cal.App.3d at pp. 192- 194; Yee v. Mobilehome Park Rental Review Bd. (1998) 62 Cal.App.4th 1409, 1417 , 1428- 1429.) The City contends it “could not have amended the complaint earlier because Shell did not disclose its Lockheed defense until the eve of trial.” But the City had known Dr. Wilson would be a witness since May 2009.

12014–2014
Martin v. Lockheed Missiles & Space Co. green
calctapp · 1994
1 sentence

2013The Court of Appeal affirmed, concluding that the issue was whether Martin had raised a triable issue of fact material to Lockheed’s showing that on a specific occasion in early 1991 the plaintiff was reassigned by means of valid and fair procedures validly and fairly applied without regard to her age. ( Martin, supra, 29 Cal.App.4th at pp. 1734-1735.) The court concluded that the plaintiff’s “showing in 10 the trial court was insufficient to create more than speculation that Lockheed’s showing was pretextual or false.” (Id. at p. 1735.) Therefore, did Jackson present “substantial responsive e

12013–2013
Norgart v. Upjohn Co. green
cal · 1999
2 sentences

2003We review the trial court's order independently. ( Norgart v. Upjohn Co., supra, 21 Cal.4th at p. 404 , 87 Cal.Rptr.2d 453 , 981 P.2d 79 .) Although the trial court found that 28 FTP's had notice of the contaminated groundwater as a result of the widespread and pervasive publicity, it denied summary adjudication of their personal injury claims on the ground that they lacked sufficient information to place them on inquiry notice to trigger the statute of limitations.

2003We review the trial court's order independently. ( Norgart v. Upjohn Co., supra, 21 Cal.4th at p. 404 , 87 Cal.Rptr.2d 453 , 981 P.2d 79 .) Although the trial court found that 28 FTP's had notice of the contaminated groundwater as a result of the widespread and pervasive publicity, it denied summary adjudication of their personal injury claims on the ground that they lacked sufficient information to place them on inquiry notice to trigger the statute of limitations.

12003–2003
Weyerhaeuser Steamship Co. v. United States green
scotus · 1963
2 sentences

1984Those provisions, contained at 5 United States Code section 8116 (c), state: “The liability of the United States . . . under [FECA] . . . with respect to the injury or death of an employee is exclusive and instead of all other liability of the United States ... to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States . . . because of the injury or death . . . .” The Lockheed court noted that it had previously construed FECA in Weyerhaeuser S. S. Co. v. U.S. (1963) 372 U.S. 597 [ 10 L.Ed.2d 1 ,

1984Those provisions, contained at 5 United States Code section 8116 (c), state: “The liability of the United States . . . under [FECA] . . . with respect to the injury or death of an employee is exclusive and instead of all other liability of the United States ... to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States . . . because of the injury or death . . . .” The Lockheed court noted that it had previously construed FECA in Weyerhaeuser S. S. Co. v. U.S. (1963) 372 U.S. 597 [ 10 L.Ed.2d 1 ,

11984–1984
People v. Rawlings green
calctapp · 1974
2 sentences

1977(We find no help for the People’s assertion in People v. Rawlings (1974) 42 Cal.App.3d 952 [ 117 Cal.Rptr. 651 ], on which People rely.) Thus, we hold that Lockheed’s plea does not preclude it from raising the issue of the validity of the judgment relative to Penal Code section 654 and that we must examine the trial record to determine whether among the several counts to which Lockheed pleaded are two or more which are based on the same act or course of conduct. 2 We are aware that in Seiterle v. Superior Court, supra, the court said (57 Cal.2d at pp. 400-401), “By pleading guilty to all [the

1977(We find no help for the People’s assertion in People v. Rawlings (1974) 42 Cal.App.3d 952 [ 117 Cal.Rptr. 651 ], on which People rely.) Thus, we hold that Lockheed’s plea does not preclude it from raising the issue of the validity of the judgment relative to Penal Code section 654 and that we must examine the trial record to determine whether among the several counts to which Lockheed pleaded are two or more which are based on the same act or course of conduct. 2 We are aware that in Seiterle v. Superior Court, supra, the court said (57 Cal.2d at pp. 400-401), “By pleading guilty to all [the

11977–1977

Statutes the citing opinions construe

CA § Cal. Government Code § 12940 (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.

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