This Tentative Ruling is made by Judge Noël Wise The Court rules as follows on the Motion for Summary Adjudication by Defendants Ability Now Bay Area Inc. ("ANBA") and Joseph Jimenez:
As to Plaintiff's First Cause of Action for Failure to Accommodate and Second Cause of Action for Failure to Engage in the Interactive Process in Good Faith, the motion is DENIED. Plaintiff's evidence creates a triable issue of material fact as to whether ANBA adequately accommodated Plaintiff's alleged disability and engaged in a good faith interactive process to do so. (See Defendants' Separate Statement Facts ("SSF") Nos. 25-28, 31, 34, 36-37, 39, and 41-42; Plaintiff's response; Plaintiff's Additional Facts ("AF") Nos. 31-33, 39-43, 47, 50, and 57-59; and the evidence cited in support.)
A to Plaintiff's Third Cause of Action for Disability Discrimination, the motion is DENIED. Plaintiff's evidence creates a triable issue of material fact as to whether he was capable of performing his job with accom
Hearing Date
September 27, 2021
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This Tentative Ruling is made by Judge Noël Wise The Court rules as follows on the Motion for Summary Adjudication by Defendants Ability Now Bay Area Inc. ("ANBA") and Joseph Jimenez:
As to Plaintiff's First Cause of Action for Failure to Accommodate and Second Cause of Action for Failure to Engage in the Interactive Process in Good Faith, the motion is DENIED. Plaintiff's evidence creates a triable issue of material fact as to whether ANBA adequately accommodated Plaintiff's alleged disability and engaged in a good faith interactive process to do so. (See Defendants' Separate Statement Facts ("SSF") Nos. 25-28, 31, 34, 36-37, 39, and 41-42; Plaintiff's response; Plaintiff's Additional Facts ("AF") Nos. 31-33, 39-43, 47, 50, and 57-59; and the evidence cited in support.)
A to Plaintiff's Third Cause of Action for Disability Discrimination, the motion is DENIED. Plaintiff's evidence creates a triable issue of material fact as to whether he was capable of performing his job with accom