Defendant North County Transit District's motion for summary judgment or, in the alternative, summary adjudication is denied.

Plaintiff's Request for Judicial Notice is granted.

The Court declines to rule on Plaintiff's evidentiary objections to the Spiehler declaration as such evidence is not material to the disposition of the motion. Code Civ. Proc. § 437c(q). The Court rules on NCTD's evidentiary objections as follows:

Objections 1, 4, 5, 6, and 7 are sustained. Objection 2 is sustained as to the sentence beginning with the phrase "[n]on-resident visitors." The Court declines to rule Objections 9 and 11 as they do not comply with the formatting requirements set forth in Rule 3.1354(b) of the California Rules of Court. This rule requires the objecting party to list each statement separately and then set out the objections that apply to each statement. NCTD's remaining objections are overruled.

In analyzing motions for summary judgment, courts must apply a three-step analysis: (1)