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CAMPBELL VS. SOUTH ORANGE COUNTY COMMUNITY COLLEGE

Because the determination of the “essential functions” of Plaintiff’s job, as well as “reasonable accommodation,” is a factual issue, and Plaintiff has submitted evidence raising a triable issue of fact, it appears that it cannot be resolved through a motion for summary judgment. Plaintiff to notice.

  • Hearing

    Oct 23, 2017

CONTRERAS-VELAZQUEZ VS. FAMILY HEALTH CENTERS OF SAN DIEGO INC

The issue of whether Plaintiff could have performed her essential job duties with reasonable accommodation as it relates to the three causes of action remaining has not been finally adjudicated and collateral estoppel, therefore, does not bar Plaintiff from proceeding on the three pending causes of action. The motion for summary judgment is denied.

  • Hearing

    Sep 20, 2018

  • Type

    Employment

  • Sub Type

    Wrongful Term

CONTRERAS-VELAZQUEZ VS. FAMILY HEALTH CENTERS OF SAN DIEGO INC

The issue of whether Plaintiff could have performed her essential job duties with reasonable accommodation as it relates to the three causes of action remaining has not been finally adjudicated and collateral estoppel, therefore, does not bar Plaintiff from proceeding on the three pending causes of action. The motion for summary judgment is denied.

  • Hearing

    Sep 20, 2018

  • Type

    Employment

  • Sub Type

    Wrongful Term

LAI CHAN VS. LINH DAO ET AL

MOTION FOR SUMMARY JUDGMENT Real Property/Housing Court Law and Motion Calendar for Thursday, March 29, 2018, Line 7. PLAINTIFF LAI CHAN'S MOTION FOR SUMMARY JUDGMENT. DENIED. Failure to provide reasonable accommodation and discrimination is a complete defense to this action. Plaintiff disputes additional Fact 39 (See Plaintiff's Reply 7:1-22), specifically whether request for reasonable accommodation was properly made and whether the accommodation could have been reasonably provided.

  • Hearing

    Mar 29, 2018

  • County

    San Francisco County, CA

CONTRERAS-VELAZQUEZ VS. FAMILY HEALTH CENTERS OF SAN DIEGO INC

The issue of whether Plaintiff could have performed her essential job duties with reasonable accommodation as it relates to the three causes of action remaining has not been finally adjudicated and collateral estoppel, therefore, does not bar Plaintiff from proceeding on the three pending causes of action. The motion for summary judgment is denied.

  • Hearing

    Sep 20, 2018

  • Type

    Employment

  • Sub Type

    Wrongful Term

CARLO AGRUSA VS LOS ANGELES UNIFIED SCHOOL DISTRICT

Courts “liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.” ((Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389). Discussion Failure to Provide Reasonable Accommodation Government Code section 12940(m) provides that it is an unlawful employment practice “[f]or an employer . . . to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee.” ((Gov.

  • Hearing

    Mar 08, 2018

MACKEY VS. HAMILTON

The sole information on this point is the unsworn statement of Jonathan Wolfrum, an “MFT Intern,” which does not state any actual diagnosis; (2) the apparent “reasonable accommodation” defendant seeks is not any change in any policy, rule, or physical facility, but simply that the plaintiff must rent the premises to the tenant indefinitely. It is not clear that this qualifies as a reasonable accommodation.

  • Hearing

    Aug 28, 2017

  • Judge Ed Weil
  • County

    Contra Costa County, CA

RUTH HER VS. GOLDEN VALLEY HEALTH CENTERS

Defendant’s Motion for Summary Judgment, or in the alternative, Summary Adjudication Defendant Golden Valley Health Center’s Motion for Summary Judgment, or in the alternative, Summary Adjudication is DENIED, as follows.

  • Hearing

    Apr 04, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

  • County

    Merced County, CA

GLORIA HERNANDEZ VS CEDARS-SINAI MEDICAL CENTER

Accordingly, the motion for summary judgment is GRANTED.

  • Hearing

    Jul 10, 2019

  • Type

    Employment

  • Sub Type

    Other Employment

MARILYN M. SANTIAGO VS. DIGNITY HEALTH, INC. ET AL

MOTION FOR SUMMARY JUDGMENT Or In The Alternative Summary Adjudication On calendar for Wednesday, August 22, 2018, Line 5, Part 1 of 2 tentative rulings, Defendants Dignity Health, Inc. and St. Francis Memorial Hospital's motion for summary judgment is granted. The undisputed evidence shows that defendants are entitled to judgment in their favor on all four of the causes of action alleged in the third amended complaint filed by plaintiff Marilyn Santiago. Ms.

  • Hearing

    Aug 22, 2018

SIMEONA PAJARILLO VS. LOS ROBLES REGIONAL MEDICAL CENTER

Discussion The summary judgment standard is as follows: first, the party moving for summary judgment always bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. Thus, in defendant's motion for summary judgment, he bears the burden of persuading the court that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense thereto.

  • Hearing

    Jul 22, 2013

  • Type

    Employment

  • Sub Type

    Other Employment

CHARLES CIORLIERI VS LOS ANGELES UNIFIED SCHOOL DISTRICT

On its motion for summary judgment, the plaintiff maintains the burden that each of the elements has been proved and that there is no defense available, while on its motion the defendant must persuade the court that one of the elements in question cannot be established or that there is a complete defense. Defendant moves for summary judgment on the grounds that Plaintiff cannot show that Defendant failed to engage in the interactive process or provide a reasonable accommodation. A.

  • Hearing

    Jul 24, 2017

  • Type

    Employment

  • Sub Type

    Wrongful Term

BONNIE TYRREL VS. UNION PACIFIC RAILROAD COMPANY

This statement indicates that Plaintiff concedes requiring a reasonable accommodation, but she fails to identify what that reasonable accommodation would be or how Defendant failed to provide it. Notably, she also voluntarily dismissed her Ninth COA for failure to accommodate.

  • Hearing

    Jul 12, 2018

FABIAN VS. ROBERT HALF

HEARING ON MOTION FOR SUMMARY JUDGMENT FILED BY ROBERT HALF INTERNATIONAL, INC * TENTATIVE RULING: * Defendant Robert Half, International (“RHI”) moves for summary judgment, pursuant to CCP § 437c, on the ground there is no triable issue of material fact with respect to any of said claims or causes of action and that it is entitled to summary judgment as a matter of law. Alternatively, RHI seeks summary adjudication of each of Plaintiff’s six causes of action, pursuant to CCP § 437c(f).

  • Hearing

    Nov 08, 2018

JOSE DIAZ VS STANFORD HOTELS CORPORATION ET AL

Therefore, there is a triable issue of material fact as to whether Diaz ever requested a reasonable accommodation and whether he was performing the essential duties of his position. Canoga’s motion for summary judgment is DENIED.

  • Hearing

    Dec 17, 2019

  • Type

    Employment

  • Sub Type

    Wrongful Term

LAW V. CITY OF CUPERTINO

(The City’s Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment (“UMF”) Nos. 6-21, 35, 39.)

  • Hearing

    Jun 12, 2018

ELIAS CORONA LOPEZ VS MILLER CASTINGS INC

Thus, there is a triable issue of fact as to whether granting further leave until then would have been a “reasonable accommodation.” (See, Jensen v. Wells Fargo Bank (2000) 85 Cal.App.4th 245, 263 ["Holding a job open for a disabled employee who needs time to recuperate... is in itself a form of reasonable accommodation and may be all that is required where it appears likely that the employee will be able to return to an existing position at some time in the foreseeable future."]

  • Hearing

    Apr 17, 2017

  • Type

    Employment

  • Sub Type

    Wrongful Term

PATRICK FINN VS. LOS ANGELES UNIFIED SCHOOLD DISTRICT, ET AL

“[T]he employer cannot prevail on summary judgment on a claim of failure to reasonably accommodate unless it establishes through undisputed facts that (1) reasonable accommodation was offered and refused; (2) there simply was no vacant position within the employer's organization for which the disabled employee was qualified and which the disabled employee was capable of performing with or without accommodation; or (3) the employer did everything in its power to find a reasonable accommodation, but the informal

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

VASQUEZ VS JAMESON MANAGEMENT, INC

The elements of a cause of action for failure to provide a reasonable accommodation are (1) the employee suffered a disability, (2) the employee could perform the essential functions of the job with reasonable accommodation, and (3) the employer failed to reasonably accommodate the employee's disability. Wilson v. County of Orange (2009) 169 Cal.App.4th 1185, 1192.

  • Hearing

    Mar 08, 2018

  • Type

    Employment

  • Sub Type

    Wrongful Term

EILEEN PAGAN VS AIDS HEALTHCARE FOUNDATION

A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. (Code Civ. Proc. § 437c, subd. (f)(2).)

  • Hearing

    Feb 15, 2018

  • Type

    Employment

  • Sub Type

    Wrongful Term

LINDA FISHER VS 3M ET AL

The plaintiff employee bears the burden of showing that he or she was able to do the job with a reasonable accommodation. (Green, supra, 42 Cal.4th at pp. 261–262; accord, Lui v. City and County of San Francisco (2012) 211 Cal.App.4th 962, 970–971.) Fisher’s arguments on this cause of action were addressed in this court’s ruling on the summary judgment motion.

  • Hearing

    Dec 07, 2017

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • County

    Los Angeles County, CA

DOREEN MARTINEZ VS. TJS ENTERPRISES INC

Holding a job open is a form of reasonable accommodation. Id. Because it is not undisputed that a "reasonable accommodation" was made, Defendant cannot prevail on summary judgment. There is a factual dispute regarding whether Defendant's offer of accommodation was reasonable. While a "[r]easonable accommodation does not require the employer to wait indefinitely for an employee's medical condition to be corrected...." ((citation omitted.) Hanson v. Lucky Stores, Inc., (1999) 74 Cal.

  • Hearing

    Feb 10, 2014

  • Type

    Employment

  • Sub Type

    Other Employment

VASQUEZ VS JAMESON MANAGEMENT, INC

The elements of a cause of action for failure to provide a reasonable accommodation are (1) the employee suffered a disability, (2) the employee could perform the essential functions of the job with reasonable accommodation, and (3) the employer failed to reasonably accommodate the employee's disability. Wilson v. County of Orange (2009) 169 Cal.App.4th 1185, 1192.

  • Hearing

    Mar 08, 2018

  • Type

    Employment

  • Sub Type

    Wrongful Term

VASQUEZ VS JAMESON MANAGEMENT, INC

The elements of a cause of action for failure to provide a reasonable accommodation are (1) the employee suffered a disability, (2) the employee could perform the essential functions of the job with reasonable accommodation, and (3) the employer failed to reasonably accommodate the employee's disability. Wilson v. County of Orange (2009) 169 Cal.App.4th 1185, 1192.

  • Hearing

    Mar 08, 2018

  • Type

    Employment

  • Sub Type

    Wrongful Term

JOSE LARES VS VALLEY VISTA SERVICES INC ET AL

Motion for Summary Judgment For the reasons discussed below, Defendant has not demonstrated that it is entitled to summary judgment. The motion for summary judgment is DENIED. The Court will proceed to address the alternative motion for summary adjudication. Motion for Summary Adjudication 1.

  • Hearing

    Aug 19, 2019

  • Type

    Employment

  • Sub Type

    Wrongful Term

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