Labor/Employment
Dec. 21, 2023
Appellate court reins in defense MSJ abuses
In an opinion drafted by Justice Eileen Moore, the Court noted the tendency of parties responding to undisputed statements to dispute facts that should be undisputed.
William M. Crosby
Law Office of William M. CrosbyLabor & Employment
13522 Newport Ave Ste 201
Tustin , CA 92780
Phone: (714) 544-2493
Fax: (714) 544-2497
Email: wcrosby@williamcrosbylaw.com
Loyola Law School
Even seasoned plaintiff employment lawyers find daunting and arduous the task of responding to innumerable alleged “Statements of Disputed Issues” as required by Code of Civil Procedure, § 437c(b)(1). It has been common practice for defense counsel to recite as professed undisputed “material” facts, innumerable facts that may be background and of interest, but have not even a remote bearing on the ultimate issues being decided in the MSJ motion.
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