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•1 ROB BONTA
Attorney General of California
2 KRISTIN M . DAILY
Supervising Deputy Attorney General
3 JAMES F. CURRAN
Deputy Attomey General FILED/ENDORSED
!4 State Bar No. 142041
1300 I Street, Suite 125 DEC 1 6 2022
5 P.O. Box 944255
Sacramento, CA 94244-2550 E. Macdonald
6 Telephone: (916)210-6113 \B,.
Deputy Clerk
Fax: (916) 324-5567
7 E-mail: James.Curran(^doj.ca.gov
Attorneys for Defendant
8 California Highway Patrol
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO
11
12
13
DAVID RIDGE, Case No. 34-2019-00265393
14
Plainfiff DEFENDANT CALIFORNIA HIGHWAY
15 PATROL'S NOTICE OF MOTION AND
MOTION FOR SUMMARY JUDGMENT
16 OR SUMMARY ADJUDICATION
17 THE CALIFORNIA HIGHWAY PATROL; Date: March 2, 2023
and DOES 1-100, inclusive, Time: 1:30 PM
18 Dept: 53
Defendants. Judge: Hon. Richard K. Sueyoshi
19 Reservation: 2632731
Trial Date: April 3, 2023 ,
20 Action Filed: September 23, 2019
21
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
22
YOU ARE HEREBY NOTIFIED THAT Defendant California Highway Patrol (CHP) will
23
move for summary judgment or summary adjudicafion of issues on March 2, 2023, at 1:30 p.m.,
24
or as soon thereafter as the matter can be heard, in Department 53 of the Sacramento Superior
25
Court, located at the Hall of Justice, 813 6''^ Street, 2"'' Floor, Sacramento, California, or in a
26
Zoom videoconference hearing if, as of the time of the hearing on this mofion, the Law and
27
28
CHP's Motion for Summary Judgment or Summary Adjudication (34-2019-00265393)
1 Motion Departments of this court are still conducting hearings remotely due to the Covid-19
2 pandemic. This motion will be based on the following grounds:
3 1. Plaintiffs First Cause of Action, for disability discrimination in violafion of the Fair
4 Employment and Housing Act (FEHA), Government Code section 12940, subdivision (a), fails
5 because CHP did not subject Plainfiff to an adverse personnel action as defined by FEHA and
6 relevant case law.
7 2. Plaintiffs First Cause of Action, for disability discriminafion in violation of the Fair
8 Employment and Housing Act (FEHA), Govemment Code section 12940, subdivision (a), fails
9 because Plainfiff cannot raise a triable issue whether his claimed disability was a substantial
10 motivating reason for any adverse personnel action.
11 3. plaintiffs Second Cause of Action, for failure to accommodate in violation of
12 Government Code section 12940, subdivision (m) (1), fails because CHP offered Plaintiff a
13 reasonable and effective alternative accoinmodation, the Back Defender, in lieu of the external
14 vest Plaintiff requested, and Plaintiff refused this alternative accommodation.
15 4. Plaintiff s Third Cause of Action, for failure to engage in the interacfive process
16 conceming accommodation of Plaintiffs disability in violation of Government Code section
17 12940, subdivision (n), fails because CHP offered Plaintiff an alternative accommodafion, the
18 Back Defender, and Plaintiff refused that alternative accommodation and confinned to press'for
19 an external vest, which had already been denied, and Plaintiff thus is responsible for the
20 breakdown in the interactive process concerning reasonable accommodation.
21 5. Plaintiffs fourth cause of action, for retaliation for requesting reasonable
22 accommodation, in violation^of Government Code section 12940, subdivision (m) (2), fails
23 because CHP did not subject Plaintiff to an adverse employment action.
24 . 6. Plaintiff s fourth cause of action, for retaliation for requesting reasonable
25 accommodation, in violation of Government Code section 12940, subdivision (m) (2), fails
26 because Plainfiff cannot raise a triable issue whether his request for reasonable accommodation
27 was a substantial motivating reason for any adverse personnel action.
28
2
CHP's Motion for Summary Judgment or Summary Adjudication (34-2019-00265393)
1 7. Plaintiffs fifth cause of action, for failure to prevent discrimination or retaliation in
2 violation of Government Code section 12940, subdivision (k), fails because Plaintiff cannot raise
3 a triable issue of material fact whether he was subjected to discrimination or retaliafion.
4 This motion is based on this Notice, and the following documents filed herewith: . .
5 Memorandum of Points and Authorities; Separate Statement of Undisputed Facts; Compendium
6 of Evidence, as well as the entire court file, and any other pleadings or evidence that might be
7 presented at the fime of hearing.
8 YOU ARE FURTHER NOTIFIED THAT pursuant to Local Rule 1.06 (A) - (D), the court
9 will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the
10 hearing. The complete text of the tentative rulings for the department may be downloaded off the
11 court's website. If the party does not have online access, they may call the dedicated phone
12 number for the department as referenced in the local telephone directory between the hours of
13 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If
14 you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing and
15 request a hearing, no hearing will be held.
16
17 Dated: December 16, 2022 Respectfully submitted,
ROB BONTA
18
Attorney General of California
19 KRISTIN M . DAILY
Supervising Deputy Attorney General
20
21
22
JAMES F. CURRAN
23 Deputy Attomey General
Attorneys for Defendant
24 California Highvay Patrol
25 SA2019I06238
^36034401.docx
26
27
28
CHP's Motion for Summaiy Judgment or Summary Adjudication (34-2019-00265393)
DECLARATION OF SERVICE BY E-MAIL
Case Name: David Ridge v. CHP
No.: 34-2019-00265393
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of Ihe
Attomey General for collecfion and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the intemal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business. - (
On December 16. 2022.1 served the attached DEFENDANT CALIFORNIA HIGHWAY -
PATROL'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR
SUMMARY ADJUDICATION by transmitting a true copy via electronic mail addressed as
follows:
John P. Briscoe
Mayall Hurley P.C.
E-mail Address:
ibriscoe@mayaIlaw.com
lrilev(S),mavallaw.com
I declare under penalty of perjury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this declaration was executed on December
16, 2022, at Sacramento, California.
Christopher R. Irby
Declarant
SA2019106238
36790 l34.docx
DECLARATION OF SERVICE BY MESSENGER
Case Name: David Ridge v. CHP J
No.i 34-2019-00265393
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter; my business address is: 1300 I Street, Suite 125, P.O. Box
944255, Sacramento, CA 94244-2550.
On December 16.2022.1 caused the attached DEFENDANT CALIFORNIA HIGHWAY
PATROL'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR
SUMMARY ADJUDICATION to be personally served by ACE Attorney Services by placing
a true copy thereof for delivery to the following person(s) at the address(es) as follows:
John P. Briscoe
Mayall Hurley P.C.
2453 Grand Canal Boulevard
Stockton, California 95207
I declare under penalty of perjury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this declaration was executed on December
16, 2022, at Sacramento, California.
Christopher R. Irby
Declarant Signature
SA20I9106238
.16790080 docx
Preview
•1 ROB BONTA Attorney General of California 2 KRISTIN M . DAILY Supervising Deputy Attorney General 3 JAMES F. CURRAN Deputy Attomey General FILED/ENDORSED !4 State Bar No. 142041 1300 I Street, Suite 125 DEC 1 6 2022 5 P.O. Box 944255 Sacramento, CA 94244-2550 E. Macdonald 6 Telephone: (916)210-6113 \B,. Deputy Clerk Fax: (916) 324-5567 7 E-mail: James.Curran(^doj.ca.gov Attorneys for Defendant 8 California Highway Patrol 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 13 DAVID RIDGE, Case No. 34-2019-00265393 14 Plainfiff DEFENDANT CALIFORNIA HIGHWAY 15 PATROL'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT 16 OR SUMMARY ADJUDICATION 17 THE CALIFORNIA HIGHWAY PATROL; Date: March 2, 2023 and DOES 1-100, inclusive, Time: 1:30 PM 18 Dept: 53 Defendants. Judge: Hon. Richard K. Sueyoshi 19 Reservation: 2632731 Trial Date: April 3, 2023 , 20 Action Filed: September 23, 2019 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 22 YOU ARE HEREBY NOTIFIED THAT Defendant California Highway Patrol (CHP) will 23 move for summary judgment or summary adjudicafion of issues on March 2, 2023, at 1:30 p.m., 24 or as soon thereafter as the matter can be heard, in Department 53 of the Sacramento Superior 25 Court, located at the Hall of Justice, 813 6''^ Street, 2"'' Floor, Sacramento, California, or in a 26 Zoom videoconference hearing if, as of the time of the hearing on this mofion, the Law and 27 28 CHP's Motion for Summary Judgment or Summary Adjudication (34-2019-00265393) 1 Motion Departments of this court are still conducting hearings remotely due to the Covid-19 2 pandemic. This motion will be based on the following grounds: 3 1. Plaintiffs First Cause of Action, for disability discrimination in violafion of the Fair 4 Employment and Housing Act (FEHA), Government Code section 12940, subdivision (a), fails 5 because CHP did not subject Plainfiff to an adverse personnel action as defined by FEHA and 6 relevant case law. 7 2. Plaintiffs First Cause of Action, for disability discriminafion in violation of the Fair 8 Employment and Housing Act (FEHA), Govemment Code section 12940, subdivision (a), fails 9 because Plainfiff cannot raise a triable issue whether his claimed disability was a substantial 10 motivating reason for any adverse personnel action. 11 3. plaintiffs Second Cause of Action, for failure to accommodate in violation of 12 Government Code section 12940, subdivision (m) (1), fails because CHP offered Plaintiff a 13 reasonable and effective alternative accoinmodation, the Back Defender, in lieu of the external 14 vest Plaintiff requested, and Plaintiff refused this alternative accommodation. 15 4. Plaintiff s Third Cause of Action, for failure to engage in the interacfive process 16 conceming accommodation of Plaintiffs disability in violation of Government Code section 17 12940, subdivision (n), fails because CHP offered Plaintiff an alternative accommodafion, the 18 Back Defender, and Plaintiff refused that alternative accommodation and confinned to press'for 19 an external vest, which had already been denied, and Plaintiff thus is responsible for the 20 breakdown in the interactive process concerning reasonable accommodation. 21 5. Plaintiffs fourth cause of action, for retaliation for requesting reasonable 22 accommodation, in violation^of Government Code section 12940, subdivision (m) (2), fails 23 because CHP did not subject Plaintiff to an adverse employment action. 24 . 6. Plaintiff s fourth cause of action, for retaliation for requesting reasonable 25 accommodation, in violation of Government Code section 12940, subdivision (m) (2), fails 26 because Plainfiff cannot raise a triable issue whether his request for reasonable accommodation 27 was a substantial motivating reason for any adverse personnel action. 28 2 CHP's Motion for Summary Judgment or Summary Adjudication (34-2019-00265393) 1 7. Plaintiffs fifth cause of action, for failure to prevent discrimination or retaliation in 2 violation of Government Code section 12940, subdivision (k), fails because Plaintiff cannot raise 3 a triable issue of material fact whether he was subjected to discrimination or retaliafion. 4 This motion is based on this Notice, and the following documents filed herewith: . . 5 Memorandum of Points and Authorities; Separate Statement of Undisputed Facts; Compendium 6 of Evidence, as well as the entire court file, and any other pleadings or evidence that might be 7 presented at the fime of hearing. 8 YOU ARE FURTHER NOTIFIED THAT pursuant to Local Rule 1.06 (A) - (D), the court 9 will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the 10 hearing. The complete text of the tentative rulings for the department may be downloaded off the 11 court's website. If the party does not have online access, they may call the dedicated phone 12 number for the department as referenced in the local telephone directory between the hours of 13 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If 14 you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing and 15 request a hearing, no hearing will be held. 16 17 Dated: December 16, 2022 Respectfully submitted, ROB BONTA 18 Attorney General of California 19 KRISTIN M . DAILY Supervising Deputy Attorney General 20 21 22 JAMES F. CURRAN 23 Deputy Attomey General Attorneys for Defendant 24 California Highvay Patrol 25 SA2019I06238 ^36034401.docx 26 27 28 CHP's Motion for Summaiy Judgment or Summary Adjudication (34-2019-00265393) DECLARATION OF SERVICE BY E-MAIL Case Name: David Ridge v. CHP No.: 34-2019-00265393 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of Ihe Attomey General for collecfion and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the intemal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. - ( On December 16. 2022.1 served the attached DEFENDANT CALIFORNIA HIGHWAY - PATROL'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION by transmitting a true copy via electronic mail addressed as follows: John P. Briscoe Mayall Hurley P.C. E-mail Address: ibriscoe@mayaIlaw.com lrilev(S),mavallaw.com I declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on December 16, 2022, at Sacramento, California. Christopher R. Irby Declarant SA2019106238 36790 l34.docx DECLARATION OF SERVICE BY MESSENGER Case Name: David Ridge v. CHP J No.i 34-2019-00265393 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar at which member's direction this service is made. I am 18 years of age or older and not a party to this matter; my business address is: 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550. On December 16.2022.1 caused the attached DEFENDANT CALIFORNIA HIGHWAY PATROL'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION to be personally served by ACE Attorney Services by placing a true copy thereof for delivery to the following person(s) at the address(es) as follows: John P. Briscoe Mayall Hurley P.C. 2453 Grand Canal Boulevard Stockton, California 95207 I declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on December 16, 2022, at Sacramento, California. Christopher R. Irby Declarant Signature SA20I9106238 .16790080 docx