In light of the substantial overlap in issues on Defendant Macy's West Stores, Inc.'s motion for summary judgment/summary adjudication and Plaintiff's motion for summary judgment/summary adjudication, the court issues one ruling as to both motions.

The court addresses the evidentiary issues. Defendant Macy's West Stores, Inc.'s evidentiary objections to the Declaration of Craig Tessitore (on both motions) are all OVERRULED. The court then rules as follows. Defendant Macy's West Stores, Inc.'s motion for summary judgment is GRANTED. In light of this ruling, Macy's alternate motion for summary adjudication is moot. Plaintiff's motion for summary judgment is DENIED. Plaintiff's alternate motion for summary adjudication is DENIED in its entirety.

The court first addresses a procedural issue. Both parties rely on Plaintiff's "First Amended Complaint." However, court records do not contain a "First Amended Complaint." Based on the parties' papers, it appears that the "First Amended Complai