1-25 of 124 results

ALFONSO LARES VS LOS ANGELES COUNTY METROPOLITAN TRANSPORTAT

...Defendant. Case No.: BC634168 Hearing Date: August 24, 2018 [TENTATIVE] order RE: (1) dEFENDANT’S MOTION FOR SUMMARY JUDGMENT or alternatively, summary adjudication (2) pLAINTIFF’S mOTION FOR SUMMARY JUDGMENT BACKGROUND Plaintiff Alfonso Lares (“Plaintiff”) filed the original complaint on September 16, 2016 against his former employer Defendant Los Angeles County Metropolitan Transportation Authority (“D...

...Procedure, section 437c(c): “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” A material fact is one that “must relate to some claim or defense in issue under the pleadings, and it must also be essential to the judgment in some way.” (Riverside County Commu...

  • Hearing

    Aug 24, 2018

  • Type

    Wrongful Termination (General Jurisdiction)

DAMOUDE VS. CHEVRON USA

...U.S.A, Inc.’s motion for summary judgment is denied. Defendant’s motion for summary adjudication is also denied. As to the first cause of action for a violation of the California Family Rights Act (“CFRA”), Gov’t Code Section 12945.2, Plaintiff has alleged both a failure to allow a CFRA leave and retaliation for taking a CFRA leave. FAILURE TO ALLOW A CFRA LEAVE There is no evidence that Plaintiff e...

...specifically requested, or was denied, a CFRA leave by Chevron. It is well-settled that the employer does not have any duty to “read an employee’s mind” about his need for a leave. The regulations concerning the CFRA themselves state that, although the employee need not specifically reference CFRA, he must “provide at least verbal notice sufficient to make the employer aware that the employee needs a CFRA leave an...

  • Hearing

    Jun 27, 2016

WEEKES VS PAR ELECTRICAL CONTRACTORS

Defendants PAR Electrical Contractors, Inc., Amethyst Roebuck and James Skinner's motion for summary judgment, summary adjudication, is granted in part and denied in part. The Court rules on defendants' evidentiary objections as follows: Objection #1: overruled Objection #2: overruled Objection #3: overrul...

...denied this same right. Plaintiff further alleges that he was denied promotions despite the fact that he was the more qualified candidate. Defendants move for summary judgment or in the alternative, summary adjudication of ten issues: (1) plaintiff failed to timely exhaust administrative remedies; (2) plaintiff failed to timely file his civil complaint within the applicable statute of limitations period;...

  • Hearing

    Oct 26, 2017

  • Type

    Wrongful Termination

IGNACIO AMEZQUITA VS WALGREEN CO ET AL

...Plaintiff, vs. WALGREEN CO., et al. Defendants. Case No.: BC 600302 Hearing Date: November 18, 2016 Hearing Time: 1:30 p.m. ORDER RE: DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION Background Plaintiff Ignacio Amezquita (“Plaintiff”) filed this employment action on November 6, 2015. Plaintiff filed the operative Third Amended Complaint (“TAC”) on July 11, 2016. Th...

...of FEHA. The seventh cause of action is asserted against all Defendants. The remaining causes of action are asserted against only Walgreens. Defendants now move for summary judgment, or alternatively, summary adjudication as to each cause of action and Plaintiff’s claim for punitive damages. Evidence The Court rules on Plaintiff’s evidentiary objections as follows: • Heitman Declaration - objection no....

  • Hearing

    Nov 18, 2016

  • Type

    Other Employment Complaint (General Jurisdiction)

ENRIQUE SANTANA VS ADIR INTERNATIONAL LLC ET AL

...LOS ANGELES - CENTRAL DISTRICT ENRIQUE SANTANA, Plaintiff, vs. ADIR INTERNATIONAL, LLC, and DOES 1-250, inclusive, Defendants. CASE NO.: BC655851 [TENTATIVE] ORDER RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT/ADJUDICATION 8:30 a.m. July 17, 2018 Dept. 56 This is an action arising from Plaintiff’s employment in Defendant’s advertising and marketing department. On June 8, 2018, Plaintiff filed the operat...

...violation of Lab. Code § 226, and (8) violation of Bus. & Prof. Code § 17200. Evidentiary Objections Defendant’s objections are overruled. Motion for Summary Judgment/Adjudication Defendant seeks summary judgment or, in the alternative, adjudication of claims pled in the FAC. (1) Whistleblower Retaliation Defendant seeks to summarily adjudicate the second cause of action for retaliation in violation of Lab. ...

  • Hearing

    Jul 17, 2018

  • Type

    Wrongful Termination (General Jurisdiction)

MARTINEZ VS. WHEEL PROS.

Motion for Summary Adjudication Moving Party: Defendant Wheel Pros, LLC Responding Party: Plaintiff Brayan Martinez RULING: Wheel Pros, LLC’s Motion for Summary Adjudication is DENIED. There is a factual dispute why Plaintiff was terminated. Defendant contends that Plaintiff was tardy and made mistakes. Plaintiff contends that he was terminated, because he to...

...separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” Defendant failed to organize the Separate Statement based upon the nine causes of action for which summary adjudicat...

  • Hearing

    Feb 25, 2019

EILEEN PAGAN VS AIDS HEALTHCARE FOUNDATION

Defendant’s Motion for Summary Judgment or in the Alternative Summary Adjudication is GRANTED as to the Sixth Cause of Action, and DENIED as to all other causes of action. OBJECTIONS Pagan offers several objections to the declarations of ...

...Cal.App.4th 1110, 1119.) 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).) The moving party bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact, and if he does...

  • Hearing

    Feb 15, 2018

  • Type

    Wrongful Termination (General Jurisdiction)

EDITH HERNANDEZ VS WELLS FARGO BANK NA ET AL

...a.m. [TENTATIVE] ORDER RE: DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Defendants WELLS FARGO BANK, N.A. and CHRISTINE MOORE’S Motion for Summary Judgment is DENIED. Defendants WELLS FARGO BANK, N.A. and CHRISTINE MOORE’S Motion for Summary Adjudication is DENIED as to Plaintiff’s claims for (1) sexual orientation discrimination; (2) sexual orientation...

...overruled. LEGAL STANDARD “[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (CCP §437c (c).) The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Ric...

  • Hearing

    Nov 21, 2016

  • Type

    Wrongful Termination (General Jurisdiction)

STANLEY VINCENT VS THE STATE OF CALIFORNIA ET AL

Nature of Proceedings: Motion: Summary Judgment Tentative Ruling: The court denies the motion of defendant State of California, acting by and through the California Highway Patrol, for summary judgment or, in the alternative, summary adjudication. Background: Plaintiff Stanley Vincent originally filed this action on July 19, 2016, in the San Francisco Superior Court. It was transferred to this Cour...

...scheduled for October 19 and trial for November 30, 2018. Motion: Defendant State of California, acting by and through the California Highway Patrol, moves for summary judgment or, in the alternative, summary adjudication of causes of action. Plaintiff opposes the motion. Defendant lists 25 issues for adjudication. Issues 1-4 are separate reasons for summarily adjudicating the fourth cause of action; 5-8 ...

  • Hearing

    Oct 12, 2018

TIMOTHY GALINDO VS GLENDALE ADVENTIST MEDICAL CENTER ET AL

...BC673205 Hearing Date: November 28, 2018 [TENTATIVE] RULING RE: Defendant Robert Half International, Inc.’s Motion for Summary Judgment. Defendant Robert Half International, Inc.’s Motion for Summary Judgment is GRANTED. Factual Background This is a disability discrimination case. Defendant Robert Half International, Inc. (“RHI”) is a temporary staffing agency. (Plaintiff’s Response to Defendant’s Separa...

...2018. Discussion OBJECTIONS “In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.” (Code Civ. Proc. § 437c, subd. (q).) Galindo objects to various portions of the decl...

  • Hearing

    Nov 28, 2018

  • Type

    Wrongful Termination (General Jurisdiction)

BOYER VS. CERNER CORPORATION

...analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. (Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182-83; McGarry v...

...asserts "the Complaint is barred ... because to the extent Plaintiff requested an accommodation for her purported disability, such accommodation was not reasonable." To prevail on a summary judgment motion, a plaintiff "has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that ca...

  • Hearing

    Mar 16, 2017

  • Type

    Wrongful Termination

DIAZ V. PROFESSIONAL COMMUNITY MANAGEMENT, INC.

The Defendant Professional Community Management, Inc.’s Motion for Summary Judgment against Plaintiff Francisco Diaz is DENIED. The Defendant Professional Community Management, Inc.’s Motion for Summary Adjudication of the third and fourth causes of action is GRANTED. The Defendant P...

...California Family Rights Act (CFRA), that his termination was motivated by taking such leave, or that PCM did not reasonably accommodate his disability. First and Second - Leave Provided to the Plaintiff: The CFRA entitles employees who are unable to work at all or unable to perform one or more of the essential functions of his position to take up to 12 weeks of unpaid medical leave during a 12–month period for...

  • Hearing

    Nov 1, 2018

AROOSH SHAHBAZIAN VS MULGREW AIRCRAFT COMPONENTS INC

Aroosh Shahbazian v. Mulgrew Aircraft Components Inc. MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION MOVING PARTY: Defendant/Cross-Complainant Mulgrew Aircraft Components, Inc. RESPONDING PARTY(S): Plaintiff/Cross-Defendant Aroosh Shahbazian STATEMENT O...

...Association. Defendant/Cross-Complainant Mulgrew Aircraft Components, Inc. moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendant Mulgrew Aircraft Components, Inc.’s motion for summary judgment is DENIED. Defendant’s alternative motion for summary adjudication is DENIED as to Issue No. 1 re: the fifth through tenth and twelfth causes of action, Issue No. 2 re: the ninth and tenth causes of ...

  • Hearing

    Feb 7, 2019

  • Type

    Wrongful Termination (General Jurisdiction)

EVANS VS. FALLBROOK UNION ELEMENTARY SCHOOL DISTRICT

Defendant Fallbrook Union Elementary School District's motion for summary judgment is denied. Defendant's motion for summary adjudication is granted as to the fourth, fifth and sixth causes of action and otherwise denied. The Court rules on plaintiff's evidentiary objections as fol...

...undisputed material facts contains 51 facts upon which the motion for summary judgment is based. The separate statement then repeats the same facts, over and over again, as the purported factual basis for summary adjudication of each of the causes of action in plaintiff's complaint. This type of boilerplate separate statement does not comply with the spirit of Rule 3.1350, and makes the Court's job of assessin...

  • Hearing

    May 26, 2017

  • Type

    Other employment

ELAINE PICO, M.D. V. COUNTY OF SANTA CLARA DBA SANTA CLARA VALLEY

Medical Center Currently before the Court is the motion by defendant County of Santa Clara dba Santa Clara Valley Medical Center (“Defendant”) for summary judgment or, alternatively, summary adjudication. Factual and Procedural Background This is an employment action for harassment, discrimination, and retaliation. Plaintiff Elaine Pico, M.D. (“Plaintiff”) is ...

...Plaintiff filed an opposition to the motion on September 26, 2019. On October 4, 2019, Defendant filed a reply. Discussion Pursuant to Code of Civil Procedure section 437c, Defendant moves for summary judgment of Plaintiff’s complaint or, alternatively, summary adjudication of the first, second, third, fifth, sixth, seventh, eighth, ninth, and tenth causes of action of the complaint. I. Evidentiary Objecti...

  • Hearing

    Oct 10, 2019

SUE LARIMORE VS. THE VONS COMPANIES INC

...shall be permitted to file any dispositive motions (summary adjudication) with respect to the added cause of action although the current motion for summary judgment should remain on calendar. Deny the motion without prejudice with regard to the proposed amendments at ¶¶10-12 for failure to comply with Rule 3.1324. Discussion: The court may, in its discretion, after notice to the adverse party, allow, u...

...court's discretion will usually be exercised liberally to permit amendment of the pleadings. Nestle v Santa Monica (1972) 6 Cal.3d 920, 939. "If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend; and, where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or ...

  • Hearing

    Jun 29, 2015

  • Type

    Wrongful Termination

ZOILA GARRIDO VS EMERALD RECYCLING LLC ET AL

zoila garrido, Plaintiff, v. EMERALD RECYCLING, LLC, et. al., Defendants. Case No.: BC695091 Hearing Date: May 10, 2019 [TENTATIVE] order RE: motion for summary judgment or in the alternative, SUMMARY ADJUDICATION BACKGROUND On February 22, 2018, Plaintiff Zoila Garrido (“Plaintiff”) filed the original complaint against her former employers Defendants Emerald Recycl...

...OBJECTIONS A. Plaintiff’s Objections Plaintiff has interposed 17 evidentiary objections. These objections are defective in two respects. First, written objections to evidence in support of a motion for summary judgment must “[i]dentify the name of the document in which the specific material objected to is located” and “quote or set forth the objectionable statement or material.” (CRC Rule 3.1354(b).) Plaintiff’s obj...

  • Hearing

    May 10, 2019

  • Type

    Wrongful Termination (General Jurisdiction)

AIDA JONES VS KAISER FOUNDATION HOSPITALS ET AL

...discrimination, harassment, or retaliation, (6) CFRA violations, and (7) wrongful termination in violation of public policy. On August 4, 2016, defendants filed the instant summary judgment or adjudication motion against all causes of action and the prayer for punitive damages. Plaintiff opposes. Defendants primarily argue that they terminated plaintiff’s employment because she did not become certified to op...

...function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: “(1) identify ...

  • Hearing

    Nov 9, 2016

  • Type

    Wrongful Termination (General Jurisdiction)

BYRD VS. VISTA UNIFIED SCHOOL DISTRICT

Defendant Vista Unified School District's motion for summary judgment or, in the alternative, summary adjudication is granted in part and denied in part. Plaintiff's evidentiary objections do not comply with the formatting requirements of rule 3.1354(b) of the Californ...

...analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings; (2) determine whether the moving party has established facts justifying a judgment in its favor; and (3) determine whether the opposing party has demonstrated the existence of a triable, material factual issue. McGarry v. Sax (2008) 158 Cal.App.4th 983, 994. This lawsuit arises out ...

  • Hearing

    Aug 1, 2019

  • Type

    Other employment

WAUTHION-MELGER VS. CHEVRON

HEARING ON MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION FILED BY CHEVRON PIPE LINE COMPANY, et al. * TENTATIVE RULING: * Defendants Chevron Pipe Line Company, Jeri James, Tim Zander and Dan Hirst’s (collectively “Defendants”) Mot...

...law. STANDARD OF REVIEW “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Cal. Code Civ. Proc. § 437c(c). “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material...

  • Hearing

    Jan 23, 2019

JIMENEZ, MAYRA VS. CITY OF ROSEVILLE, ET AL

Defendants’ Motion for Summary Judgment/Summary Adjudication Preliminary Matters The court notes that plaintiff filed a motion for leave to file a third amended complaint, which also seeks to strike defendants’ current motion. A review of p...

...whistleblower violations. Since the scope of plaintiff’s request for leave will not impact the substance of the claims made in the second amended complaint, the court will proceed to hear the motion for summary judgment/adjudication first and then review plaintiff’s motion for leave to amend. Ruling on Motion The trial court engages in a specific analysis when reviewing a motion for summary judgment or summary adjudi...

  • Hearing

    Oct 25, 2018

  • Type

    Employment: Other (15)

SHERRY HARNEY V. DIGNITY HEALTH

Nature of Proceedings: Motion File Second Amend. Comp. Plaintiff’s motion for leave to file a second amended complaint RULING: Plaintiff’s motion for leave to file a second amended complaint is denied. BACKGROUND: This is an action for alleged disability discrimination i...

...in violation of the California Family Rights Act, as well as punitive damages. Defendant opposes the motion as untimely. Trial is scheduled for August 1, 2017. Defendant has filed a motion for summary judgment that is scheduled for hearing on June 27, 2017. ANALYSIS: Amendment of pleadings is specifically authorized by Code of Civil Procedure Section 473, subdivision (a)(1), which provides: “The court ma...

  • Hearing

    Jun 20, 2017

MARK CENICEROS VS BASSET UNIFIED SCHOOL DISTRICT

...Unified School District’s motion for summary judgment is DENIED. Defendant Bassett Unified School District’s motion for summary adjudication is DENIED. Legal Standard A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff’s cause of action cannot be established. (CCP § 437c(p)(2).) “...

...plaintiff to show that a triable issue of one or more material facts exists as to the cause of action. (CCP § 437c(p)(2).) The Court must liberally construe evidence in support of the party opposing summary judgment and resolve all doubts concerning the evidence in favor of that party. (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) Issue 1: Employment Discrimination FEHA prohibits an employer from...

  • Hearing

    Jul 25, 2019

  • Type

    Wrongful Termination (General Jurisdiction)

JOSE VASQUEZ VS COUNTY OF LOS ANGELES ET AL

Jose Vasquez v. County of Los Angeles, et al. MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION (FURTHER HEARING) MOVING PARTY: Defendants County of Los Angeles and Guy Craighead RESPONDING PARTY(S): Plaintiff Jose Vasquez STATEMENT OF MATERIAL FAC...

...under seal, and were considered by the court in this ruling. Upon the Court’s consideration of the parties’ supplemental briefs, Defendants County of Los Angeles and Guy Craighead’s motion for summary judgment is GRANTED. DISCUSSION: Documents Lodged Conditionally Under Seal On August 23, 2018, Judge Nieto granted Defendant’s ex parte application for an order sealing Exhibits E, F, G, H and L in support ...

  • Hearing

    Sep 27, 2018

  • Type

    Other Employment Complaint (General Jurisdiction)

MAURICE ALLEN VS KAISER FOUNDATION HOSPITALS ET AL.

...“Defendants”) seek a motion for summary judgment, or in the alternative, summary adjudication of Plaintiff Maurice Allen’s (“Plaintiff”) Complaint. Motion for Summary Judgment is DENIED. Motion for Summary Adjudication is GRANTED in part, and DENIED in part, as set forth below. 1st Cause of Action – Physical Disability/Medical Condition Discrimination. FEHA prohibits employment discrimination on the b...

...“unworthy of credence.” Viewing the evidence in a light most favorable to Plaintiff, there are questions of fact as to whether Defendants’ reasons were nondiscriminatory or simply pretext. Thus, motion for summary adjudication of Plaintiff’s disability discrimination claim is DENIED. 2nd Cause of Action – Physical/Medical Condition Harassment. “FEHA prohibits an employer from harassing an employee ‘because of...

  • Hearing

    May 20, 2019

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