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Summary Judgment

Summary Judgment

Summary Judgment Burden Generally , submitted by Tali Shaddow.

Testimony About Intent of Others , submitted by Tali Shaddow. Plaintiff's testimony that defendant did not intend to defraud him not admissible to defeat fraud claim on summary judgment. Testimony about someone else's intent is inadmissible.

Testimony About One's Own Intent , submitted by Robert Wallace. Employer sought to use declaration by decision maker in support of summary judgment motion. Testimony about one's own intent need not be dispositive on summary judgment even if uncontradicted.

Summary Judgment Opposition 1 , submitted by Tali Shaddow. Brief opposing summary judgment in case where CEO claimed that alleged promise to give him house as bonus was made without intent to perform. Deals with issues of statute of frauds, misrepresentation and workers' compensation preemption.

Summary Judgment Opposition 2 , submitted by Robert Wallace. Brief opposing summary judgment in case where nurse allegedly discharged for demanding proper patient care and due to her disability. Deals with issues of existence of implied contract, good cause, sufficiency of public policy, definition of disability, proof of retaliation, and definition of managing agent for purposes of punitive damages.

Summary Judgment Opposition 3 , submitted by Robert Wallace. Brief opposing summary judgment in family leave case, in which employer allegedly failed to give plaintiff proper written notice of family leave rights and then terminated plaintiff on a pretext. Includes response to separate statement of allegedly undisputed facts.

Summary Judgment Opposition 4 , submitted by Robert Wallace. Opposition to motion for summary judgment in disability discrimination case, with issues of perceived disability and duty to reasonably accommodate. Includes reply brief and opposition to petition for writ of mandate.

Plaintiff's Motion for Summary Judgment in Sexual Harassment Case, submitted by Michael H. Crosby. The papers filed in support of a sexual harassment plaintiff's successful motion for summary judgment. Claims briefed are FEHA, assault, battery and false imprisonment. Includes notice of motion, points and authorities, separate statement of undisputed facts, and reply brief.

California Employment Lawyers Association   •   Phone: (818) 703-0587   •   Fax: (818) 703-0591