What is the test for a motion for summary adjudication on a disability claim?

California, United States of America


The following excerpt is from Barseghyan v. Cnty. of L. A., B249184 (Cal. App. 2014):

Because employee proffered direct evidence of discrimination, the employer could only defeat her claim by showing either that her testimony was not true or that she would have been subject to the same action without reference to her disability. (Trop v. Sony Pictures Entertainment Inc., supra, 129 Cal.App.4th at p. 1145.) As to the former showing, denying the truth of employee's testimony would in and of itself raise a triable issue of material fact; as to the latter, the employer did not make this argument. Thus the trial court's granting of the motion for summary adjudication on this claim was error.

Other Questions


In a motion for summary adjudication on a motion to exclude evidence as to drainage, does plaintiff need to explain to the arbitrator why it was necessary to exclude the evidence? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Can Valley View bring a motion for summary adjudication of its quiet title claim and its request for declaratory and injunctive relief? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
What is the test for summary adjudication of a plaintiff's conversion claim? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
Does a motion for a "special" anti-SLAPP suit motion refer to "complaint" refer to an earlier complaint that had been amended to contain anti-free speech claims? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
What is the test for a motion for summary adjudication in a personal injury case? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.