· 8/9/2010
Louie Hung Kwei Lu v. Hawaiian Gardens Casino, Inc.
Citations
- 236 P.3d 346
- 50 Cal. 4th 592
- 113 Cal. Rptr. 3d 498
- 16 Wage & Hour Cas.2d (BNA) 846
- 2010 Cal. LEXIS 7623
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that language describing “a remedy or means of enforcing,” a statute is strongly indicative of an intent to create a private right of action
- explaining that “violation of a state statute does not necessarily give rise to a private cause of action” and explaining requirements for a private cause of action
- stating that whether there is a private right of action depends on whether the Legislature \ 'manifested an intent to create such a private cause of action' under the statute\
- California courts “begin with the premise that 9 a violation of a state statute does not necessarily give rise to a private cause of action”
- a “statute’s language” is “the best indicator of whether a private right 5 to sue exists”
- “[W]hether a party has a 11 right to sue depends on whether the Legislature has manifested an intent to create such a private 12 cause of action under the statute.” (citation and internal quotations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Chin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.