On January 01, 1900 a
Motion,Ex Parte
was filed
involving a dispute between
Reyes, Anita,
and
Madera Community College Center,
State Center Community College District,
for 23 Unlimited - Other PI/PD/WD
in the District Court of Fresno County.
Preview
DeMaIia Law Firm, A.P.C.
Anthony N. DeMaria, #177894
ademaria@demarialawfirm. com
S. Nicole Tucker, #PL-5088 1 8
sntucker@demarialawfirm.c0m
1690 W. Shaw Ave. Suite 220
Fresno, California 93711
Telephone: (559) 206-2410 E-FILED
Facsimile: (559) 570-0126 2/11/2021 2:34 PM
\OOOQO‘xkh-bwmn—
Superior Court of California
Attorneys for Defendant, State Center
County of Fresno
Community College District
By: J. Nelson, Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
ANITA REYES, Case No. 19CECG03826
Plaintifl‘, DEFENDANT STATE CENTER
COMMUNITY COLLEGE DISTRICT’S
v ,
NOTICE AND NOTICE OF MOTION
FOR SUMMARY ADJUDICATION
STATE CENTER COMMUNITY COLLEGE
DISTRICT, MADERA COMMUNITY Date: May 4, 2021
Time: 3:30 P-M-
COLLEGE CENTER and DOES 1—20,
Dept: 403
Defendant.
NNNNNNNNNp—nt—au—An—n—nu—IHu—au—nr—I
Action Filed: October 21, 2019
Trial Date: Julv 19. 2021
TO ALL PARTIES HEREIN AND TO THEIR ATTORNEYS OF RECORD:
OOQQM§WNv—‘O©WQO\LA&MNU—‘O
PLEASE TAKE NOTICE that 0n May 4, 2021 at 3:30 P.M. or as soon thereafier as may be
heard in Department 403 of the above-entitled Superior Court, located at 1130 O Street, Fresno,
California 93721, Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT
(“SCCCD”) (“Defendant” or “the District”), will and herby does move this Court, pursuant t0
California Code of Civil Procedure section 437C as follows:
l. For summary adjudication in favor of Defendant and against Plaintiff ANITA REYES
(“Plaintiff’) as to the Third and Fourth Causes of Action causes of action in her Complaint for
damages, filed on or about October 21, 2019, as alleged against the District based on the grounds
set forth below.
1
NOTICE AND NOTICE OF MOTION
Plaintiff’s Third Cause of Action
(Violation 0f the Unruh Civil Rights Act (Cal. Civ. Section 51-53))
Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT is entitled t0 summary
adjudication for Plaintiff’s Third Cause 0f Action for Violation of the Unruh Civil Rights Act for
the following reasons:
1: Defendant is a public educational entity as it is public community college district and
therefore, it isnot subj ect t0 the Unruh Civil Rights Act.
Plaintiff’s Fourth Cause 0f Action
(Violation of the California Disabled Persons Act (Cal. Civ. section 54-5532)
Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT is entitled t0 summary
10
adj udication for Plaintiff s Fourth Cause 0f Action for Violation of the California Disabled Persons
11
Act for the following reasons:
12
1: Defendant is a public educational entity as it ispublic community college district and
13
therefore, it isnot subject t0 the California Disabled Persons Act.
14
15
16
Dated: February L, 2021 DeMaria Law Firm, A.P.C.
17
18
19 A Anthony N. DeMaria
20 S. Nicole Tucker, Provisionally Licensed Lawyer
Attorneys for Defendant, STATE CENTER
21 COMMUNITY COLLEGE DISTRICT
22
23
24
25
26
27
28
2
NOTICE AND NOTICE OF MOTION
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
At the time 0f service, Iwas over 18 years of age and not a party t0 this action. I am
employed in the County of Fresno, State of California. My business address is 1690 W. Shaw
Ave., Suite 220, Fresno, CA 9371 1.
On February 11, 2021, I served true copies of the following document(s) described as
DEFENDANT STATE CENTER COMMUNITY COLLEGE DISTRICT’S NOTICE AND
NOTICE OF MOTION FOR SUMMARY ADJUDICATION on the interested parties in this
action as follows:
Eugenia L. Steele
The Torkzadeh Law Firm
18650 MacArthur Blvd., Suite 300
Irvine, CA 92612
eugenia(a2t01'klaw.com
ll
allegl‘a@torklaw.com
Claudiamztorklaw.com
12
l3
XXX BY MAIL: I enclosed said document(s) in a sealed envelope or package addressed
t0 the persons at the address listed on the Service List and placed the envelope for collection and
14
mailing, following our ordinary business practices. I am readily familiar with this business’s
practice for collecting and processing correspondence for mailing. On the same day the
correspondence is placed from collection and mailing itis deposited in the ordinary course of
business with the United States Postal Service, in a scaled envelope with postage fully pre-paid.
XXX BY ELECTRONIC SERVICE: Based on a court order 0r an agreement 0f the
panics to accept electronic service, I caused the documents t0 be sent to the persons at the
electronic service addresses listed above. The electronic service address from which I served the
documents is tmaxwell@demarialawfirm.com.
I9
I declare under penalty of perjury under the laws 0f thc United States of America that the
20 foregoing is true and correct and that I am employed in the office 0f a member of the bar of this
Court whose was made.
WWW
at direction the service
21
Executed 0n February 1 1,2021, at Fresno, California.
22
24
Teri Mawiell
25
26
28
Document Filed Date
February 11, 2021
Case Filing Date
January 01, 1900
Category
23 Unlimited - Other PI/PD/WD
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
DeMaIia Law Firm, A.P.C. Anthony N. DeMaria, #177894 ademaria@demarialawfirm. com S. Nicole Tucker, #PL-5088 1 8 sntucker@demarialawfirm.c0m 1690 W. Shaw Ave. Suite 220 Fresno, California 93711 Telephone: (559) 206-2410 E-FILED Facsimile: (559) 570-0126 2/11/2021 2:34 PM \OOOQO‘xkh-bwmn— Superior Court of California Attorneys for Defendant, State Center County of Fresno Community College District By: J. Nelson, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO ANITA REYES, Case No. 19CECG03826 Plaintifl‘, DEFENDANT STATE CENTER COMMUNITY COLLEGE DISTRICT’S v , NOTICE AND NOTICE OF MOTION FOR SUMMARY ADJUDICATION STATE CENTER COMMUNITY COLLEGE DISTRICT, MADERA COMMUNITY Date: May 4, 2021 Time: 3:30 P-M- COLLEGE CENTER and DOES 1—20, Dept: 403 Defendant. NNNNNNNNNp—nt—au—An—n—nu—IHu—au—nr—I Action Filed: October 21, 2019 Trial Date: Julv 19. 2021 TO ALL PARTIES HEREIN AND TO THEIR ATTORNEYS OF RECORD: OOQQM§WNv—‘O©WQO\LA&MNU—‘O PLEASE TAKE NOTICE that 0n May 4, 2021 at 3:30 P.M. or as soon thereafier as may be heard in Department 403 of the above-entitled Superior Court, located at 1130 O Street, Fresno, California 93721, Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT (“SCCCD”) (“Defendant” or “the District”), will and herby does move this Court, pursuant t0 California Code of Civil Procedure section 437C as follows: l. For summary adjudication in favor of Defendant and against Plaintiff ANITA REYES (“Plaintiff’) as to the Third and Fourth Causes of Action causes of action in her Complaint for damages, filed on or about October 21, 2019, as alleged against the District based on the grounds set forth below. 1 NOTICE AND NOTICE OF MOTION Plaintiff’s Third Cause of Action (Violation 0f the Unruh Civil Rights Act (Cal. Civ. Section 51-53)) Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT is entitled t0 summary adjudication for Plaintiff’s Third Cause 0f Action for Violation of the Unruh Civil Rights Act for the following reasons: 1: Defendant is a public educational entity as it is public community college district and therefore, it isnot subj ect t0 the Unruh Civil Rights Act. Plaintiff’s Fourth Cause 0f Action (Violation of the California Disabled Persons Act (Cal. Civ. section 54-5532) Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT is entitled t0 summary 10 adj udication for Plaintiff s Fourth Cause 0f Action for Violation of the California Disabled Persons 11 Act for the following reasons: 12 1: Defendant is a public educational entity as it ispublic community college district and 13 therefore, it isnot subject t0 the California Disabled Persons Act. 14 15 16 Dated: February L, 2021 DeMaria Law Firm, A.P.C. 17 18 19 A Anthony N. DeMaria 20 S. Nicole Tucker, Provisionally Licensed Lawyer Attorneys for Defendant, STATE CENTER 21 COMMUNITY COLLEGE DISTRICT 22 23 24 25 26 27 28 2 NOTICE AND NOTICE OF MOTION PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO At the time 0f service, Iwas over 18 years of age and not a party t0 this action. I am employed in the County of Fresno, State of California. My business address is 1690 W. Shaw Ave., Suite 220, Fresno, CA 9371 1. On February 11, 2021, I served true copies of the following document(s) described as DEFENDANT STATE CENTER COMMUNITY COLLEGE DISTRICT’S NOTICE AND NOTICE OF MOTION FOR SUMMARY ADJUDICATION on the interested parties in this action as follows: Eugenia L. Steele The Torkzadeh Law Firm 18650 MacArthur Blvd., Suite 300 Irvine, CA 92612 eugenia(a2t01'klaw.com ll allegl‘a@torklaw.com Claudiamztorklaw.com 12 l3 XXX BY MAIL: I enclosed said document(s) in a sealed envelope or package addressed t0 the persons at the address listed on the Service List and placed the envelope for collection and 14 mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day the correspondence is placed from collection and mailing itis deposited in the ordinary course of business with the United States Postal Service, in a scaled envelope with postage fully pre-paid. XXX BY ELECTRONIC SERVICE: Based on a court order 0r an agreement 0f the panics to accept electronic service, I caused the documents t0 be sent to the persons at the electronic service addresses listed above. The electronic service address from which I served the documents is tmaxwell@demarialawfirm.com. I9 I declare under penalty of perjury under the laws 0f thc United States of America that the 20 foregoing is true and correct and that I am employed in the office 0f a member of the bar of this Court whose was made. WWW at direction the service 21 Executed 0n February 1 1,2021, at Fresno, California. 22 24 Teri Mawiell 25 26 28