Judge: Ronald F. Frazier, Case: 37-2020-00008111-CU-WT-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Wrongful Termination Summary Judgment / Summary Adjudication (Civil) 37-2020-00008111-CU-WT-CTL CASTRO VS SAN DIEGO CONVENTION CENTER CORPORATION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 03/04/2022

Defendants San Diego Convention Center Corporation, Inc. and Fred Cervantes' Motion for Summary Judgment, or in the Alternative, Summary Adjudication of Issues is DENIED. (ROA 40.) Defendants' initially filed separate statement (ROA 43) is procedurally defective. Defendants' notice includes ten separate issues to be adjudicated. A separate statement must 'separately identify' 1) issue to be adjudicated and 2) the supporting material facts as to each issue to be adjudicated. (Cal. R. Court, rule 3.1350(d)(1).) The format for the separate statement is clearly delineated in the rules. (Cal. R.

Court, rule 3.1350(h).) Defendants' initially filed separate statement fails to comply with these rules because it does not set forth each separate issue to be adjudicated and the set of facts that support each issue to be adjudicated.

Hearing on Defendants' motion was initially set for hearing nearly a year and a half ago on May 20, 2022. (ROA 40.) On April 7, 2022, the court signed a stipulated order continuing hearing on the motion to February 2, 2023 to allow Plaintiff further time to conduct discovery. (ROA 54.) The order states '[t]he opposition and reply deadlines will correspond with the new hearing date'; the parties did not stipulate to allow Defendants to supplement their moving papers. On January 17, 2023, the court signed a second stipulated order continuing hearing on the motion to October 6, 2023, also on the grounds of allowing Plaintiff further time to conduct discovery. (ROA 73.) Like the prior stipulated order, the second stipulated order states '[t]he opposition and reply deadlines will correspond with the new hearing date'; the parties did not stipulate to allow Defendants to supplement their moving papers.

Notwithstanding the above, on February 1, 2023, Defendants filed and served a Supplemental Separate Statement of Undisputed Facts in support of their motion. (ROA 74.) Defendants did not seek leave of court to submit supplemental briefing in support of their motion, and provide no explanation in the document as to why a 'supplemental' separate statement was needed. The 'supplemental' separate statement contains nine (not ten) issues to be adjudicated, and the nine issues identified do not match the issues stated in the notice of motion. Accordingly, the unauthorized 'supplemental' separate statement is also procedurally defective. 'If summary adjudication is sought, whether 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 issues.' (Cal. R. Court, rule 3.1350(b).) Accordingly, the court declines to consider the unauthorized 'supplemental' separate statement and Defendants' requests for summary adjudication. The court has considered Defendants' request for summary judgment.

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2930381  8 CASE NUMBER: CASE TITLE:  CASTRO VS SAN DIEGO CONVENTION CENTER  37-2020-00008111-CU-WT-CTL As to Plaintiff's third cause of action for disability discrimination, the court finds there is a triable issue of material fact as to whether the employer had a legitimate business reason for Plaintiff's termination, or whether those reasons were a mere pretext. (Pltf. Sep. Stmt. at ¶¶ 21-25 and Pltf. Add'l Facts at ¶¶ 2-5.) Accordingly, summary judgment is denied.

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